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SUV program - Failing to stay in Canada for two years to maintain the PR status?

uhani0115

Full Member
Aug 3, 2020
26
2
Hello,

I am an entrepreneur in Korea preparing to immigrate to Canada with the Start-Up Visa program. I have a designated organization that I am actively talking with.

I am writing this thread to ask you a few questions. I have a wife and four children, and if we get accepted to the SUV program, we are planning to move as a family.

Every family member is going to get permanent residency when landing, and we need to stay in Canada for two years out of five years. My first question is that after we get the PR, what happens if the primary applicant, who is myself in my case, fails to stay in Canada for two years. Would other family members lose the PR because of me?

The second question is I have a co-founder who is going to immigrate to Canada with me. If he fails to stay in Canada for two years, would it affect my visa status?

Third, do the five-year condition of maintaining the PR apply for the first five years after the landing or does it apply while I hold the PR?

Thanks for the help in advance.
 

scylla

VIP Member
Jun 8, 2010
92,831
20,491
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

I am an entrepreneur in Korea preparing to immigrate to Canada with the Start-Up Visa program. I have a designated organization that I am actively talking with.

I am writing this thread to ask you a few questions. I have a wife and four children, and if we get accepted to the SUV program, we are planning to move as a family.

Every family member is going to get permanent residency when landing, and we need to stay in Canada for two years out of five years. My first question is that after we get the PR, what happens if the primary applicant, who is myself in my case, fails to stay in Canada for two years. Would other family members lose the PR because of me?

The second question is I have a co-founder who is going to immigrate to Canada with me. If he fails to stay in Canada for two years, would it affect my visa status?

Third, do the five-year condition of maintaining the PR apply for the first five years after the landing or does it apply while I hold the PR?

Thanks for the help in advance.
1) Everyone receives PR independently. If you fail to meet the residency requirement and end up losing PR, your family will keep theirs provided they meet RO.
2) Same as above. Only he would be impacted.
3) It's an ongoing and rolling requirement (not just the first five years). You must continue to meet the 2 out of 5 year rule on a rolling basis to meet the residency requirement.
 

uhani0115

Full Member
Aug 3, 2020
26
2
It's you again, scylla! You have replied to many of threads that I uploaded before. Thank you so much!! :)

I got a few more question after reading your post. I would appreciate it if you could answer the following questions as well.

1. What is RO?
2. I do not know if you are know about this, but there is a condition on the IRCC website about the 2 out of 5 year rule, that time outside of Canada spent for business puposes may be considered as time spent in Canada. Do you know under what circumstances that we can ask for it? Do people use this condition generally?
3. Is there any other conditions that could take away my PR other than major crimes and the 2/5 rule?

Thanks for your help in advance and I hope you have a great day.
 

scylla

VIP Member
Jun 8, 2010
92,831
20,491
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It's you again, scylla! You have replied to many of threads that I uploaded before. Thank you so much!! :)

I got a few more question after reading your post. I would appreciate it if you could answer the following questions as well.

1. What is RO?
2. I do not know if you are know about this, but there is a condition on the IRCC website about the 2 out of 5 year rule, that time outside of Canada spent for business puposes may be considered as time spent in Canada. Do you know under what circumstances that we can ask for it? Do people use this condition generally?
3. Is there any other conditions that could take away my PR other than major crimes and the 2/5 rule?

Thanks for your help in advance and I hope you have a great day.
1. Residency obligation.
2. The circumstances are very specific. Working for your own business outside of Canada will not qualify. You would need to first be hire for a job in Canada by a company with operations and a physical location in Canada. You would need to work in that role for a while (number of months minimum) and then be assigned to a temporary role outside of Canada with that same company.
3. I can't think of anything right now.
 

amdavis05

Member
Feb 6, 2021
14
1
Hello,

I am an entrepreneur in Korea preparing to immigrate to Canada with the Start-Up Visa program. I have a designated organization that I am actively talking with.

I am writing this thread to ask you a few questions. I have a wife and four children, and if we get accepted to the SUV program, we are planning to move as a family.

Every family member is going to get permanent residency when landing, and we need to stay in Canada for two years out of five years. My first question is that after we get the PR, what happens if the primary applicant, who is myself in my case, fails to stay in Canada for two years. Would other family members lose the PR because of me?

The second question is I have a co-founder who is going to immigrate to Canada with me. If he fails to stay in Canada for two years, would it affect my visa status?

Third, do the five-year condition of maintaining the PR apply for the first five years after the landing or does it apply while I hold the PR?

Thanks for the help in advance.

Honestly the fact you say this: "My first question is that after we get the PR, what happens if the primary applicant, who is myself in my case, fails to stay in Canada for two years. Would other family members lose the PR because of me?" makes me REALLY upset. It sounds like you are trying to scam the Canadian immigration system to get education for your kids and bounce out. That's not immigrating in good faith and then if you leave your family here without support so then it becomes Canada's problems? Just, no. Don't even think about it.
 

uhani0115

Full Member
Aug 3, 2020
26
2
Honestly the fact you say this: "My first question is that after we get the PR, what happens if the primary applicant, who is myself in my case, fails to stay in Canada for two years. Would other family members lose the PR because of me?" makes me REALLY upset. It sounds like you are trying to scam the Canadian immigration system to get education for your kids and bounce out. That's not immigrating in good faith and then if you leave your family here without support so then it becomes Canada's problems? Just, no. Don't even think about it.
Hi,

I understand why you thought in such a way and am sorry that I have not put enough thought into it before writing it. But, that wasn't never my intention. If we get accepted by one of the organizations, we will do our absolute best to settle there and maintain our business while creating jobs for Canadians. I just wanted to know and have a plan for the worst scenario which would be our business in Canada fails and becomes unable to make enough profit to support our family. In that case, the only solution that I could think of is me returning to my home country while my family stays in Canada as long as our financial situation can uphold.

If everything goes perfectly and if my business succeeds, then I would have to worry about none of the questions I asked. But, I still need to be ready for the worst scenario and know what I could do for my family should my business fail in Canada. I hope you could agree with that. Again, I am sorry about implying kind of "I just want the PR" which would definitely be avoided and discouraged. That was not never my intention.

I hope you have a great day :)
 

amdavis05

Member
Feb 6, 2021
14
1
Hi,

I understand why you thought in such a way and am sorry that I have not put enough thought into it before writing it. But, that wasn't never my intention. If we get accepted by one of the organizations, we will do our absolute best to settle there and maintain our business while creating jobs for Canadians. I just wanted to know and have a plan for the worst scenario which would be our business in Canada fails and becomes unable to make enough profit to support our family. In that case, the only solution that I could think of is me returning to my home country while my family stays in Canada as long as our financial situation can uphold.

If everything goes perfectly and if my business succeeds, then I would have to worry about none of the questions I asked. But, I still need to be ready for the worst scenario and know what I could do for my family should my business fail in Canada. I hope you could agree with that. Again, I am sorry about implying kind of "I just want the PR" which would definitely be avoided and discouraged. That was not never my intention.

I hope you have a great day :)
No YOUR FAMILY would need to return to Korea with you. They shouldn't stay in Canada if you failed to create Canadian jobs and didn't even stay in Canada for even two years. It's SUCH a low bar. I see this happens with SO MANY Chinese, Korean, and Indian families- they drop their families here, they "divorce" leaving the wife and kids here, wife lives in million dollar home with the kids AND gets welfare support now that she's divorced. (My friend teaches in Surrey and literally has SEVEN families that pulled this stunt. These families have quadruple what she makes and she is forced to live in a shanty studio because she has low wages while people are buying their way in.) It's really unconscionable how much it is happening. If you don't think you CAN actually last for a couple years as a business, then DO NOT resettle your children and family here. WAIT until you have measurable success, THEN do so. You realize it's totally obvious you are suggesting "I just want the PR" by saying you would need to improve your financial situation by someone supporting not one but now TWO households- one in Korea AND one in Canada- versus one right? It's so ridiculously obvious and offensive to the immigration process.
 

hmblaster

Star Member
Nov 24, 2020
85
37
Hi,

I understand why you thought in such a way and am sorry that I have not put enough thought into it before writing it. But, that wasn't never my intention. If we get accepted by one of the organizations, we will do our absolute best to settle there and maintain our business while creating jobs for Canadians. I just wanted to know and have a plan for the worst scenario which would be our business in Canada fails and becomes unable to make enough profit to support our family. In that case, the only solution that I could think of is me returning to my home country while my family stays in Canada as long as our financial situation can uphold.

If everything goes perfectly and if my business succeeds, then I would have to worry about none of the questions I asked. But, I still need to be ready for the worst scenario and know what I could do for my family should my business fail in Canada. I hope you could agree with that. Again, I am sorry about implying kind of "I just want the PR" which would definitely be avoided and discouraged. That was not never my intention.

I hope you have a great day :)
Why would you alone return to your home country, leaving your family in Canada? It makes no sense to me. I don't understand what your plan is.

Honestly, if you are going to bring a business, it should be a globally scalable business, not sure if you have read the guidelines. If you already have a business in your country, you should know the market size and the evaluations of your idea in Canada market. If you really have a low confidence in yourself and your business, it's going to trouble you a lot.

Mind that all the designated organizations will ask you to prove that you can scale and it's a meaningful business. Again, don't waste your time and money if you are not confident that it's going to fail in Canada. It won't help.

I hope it helps you to re-evaluate your decision to move forward in this direction.
 

uhani0115

Full Member
Aug 3, 2020
26
2
No YOUR FAMILY would need to return to Korea with you. They shouldn't stay in Canada if you failed to create Canadian jobs and didn't even stay in Canada for even two years. It's SUCH a low bar. I see this happens with SO MANY Chinese, Korean, and Indian families- they drop their families here, they "divorce" leaving the wife and kids here, wife lives in million dollar home with the kids AND gets welfare support now that she's divorced. (My friend teaches in Surrey and literally has SEVEN families that pulled this stunt. These families have quadruple what she makes and she is forced to live in a shanty studio because she has low wages while people are buying their way in.) It's really unconscionable how much it is happening. If you don't think you CAN actually last for a couple years as a business, then DO NOT resettle your children and family here. WAIT until you have measurable success, THEN do so. You realize it's totally obvious you are suggesting "I just want the PR" by saying you would need to improve your financial situation by someone supporting not one but now TWO households- one in Korea AND one in Canada- versus one right? It's so ridiculously obvious and offensive to the immigration process.
Do not want to have a dispute with you. But let me say a few things.

First, I am aware that many immigrants do what you mentioned. But you cannot generalize other hard-working and genuine immigrants who came to Canada seeking opportunities while risking everything they have back in their home country just because a few immigrants are abusing Canada's immigration programs. Also, what they are doing in Canada has absolutely nothing to do with what I am going to do after moving to Canada.

Second, you do have a point that I should bring my family later when I could support them in Canada does make sense and is one of the plans that I am considering. But if I choose to bring them with my business, which I would most likely do if we get accepted, I want to know what happens if my business fails. But, it is my personal choice. That is not something that you could argue on.

IRCC made this program because they thought it would be beneficial to the Canadian society. It is their job to filter abusers. Not yours.

We are a sizable company that has 10 employees and make more than than 1.5M CAD every year. Our clients include Hyundai motors and SKT which are the biggest companies in Korea. So, I do not think you need to worry about it.

I myself have studied in Canada for a few months a long time ago and the best thing that I liked about Canada was that it is a multicultural country that welcomes those who are seeking for better opportunities. And now I am in doubt if it is the same Canada that I experienced back then. I do truly understand why you are so upset because I have seen some immigrants who did worse stuff than you said. But you are generalizing immigrants as if they are criminals who just make problems and extort money. Althought there are some, not all immigrants are like that. You need to change the way you look at them.

Again, I just asked a few questions just to gather information on the absolutely worst scenario. I hope you do not judge other genuine and faithful immigrants by the wrongdoings of a few.
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Do not want to have a dispute with you. But let me say a few things.

First, I am aware that many immigrants do what you mentioned. But you cannot generalize other hard-working and genuine immigrants who came to Canada seeking opportunities while risking everything they have back in their home country just because a few immigrants are abusing Canada's immigration programs. Also, what they are doing in Canada has absolutely nothing to do with what I am going to do after moving to Canada.

Second, you do have a point that I should bring my family later when I could support them in Canada does make sense and is one of the plans that I am considering. But if I choose to bring them with my business, which I would most likely do if we get accepted, I want to know what happens if my business fails. But, it is my personal choice. That is not something that you could argue on.

IRCC made this program because they thought it would be beneficial to the Canadian society. It is their job to filter abusers. Not yours.

We are a sizable company that has 10 employees and make more than than 1.5M CAD every year. Our clients include Hyundai motors and SKT which are the biggest companies in Korea. So, I do not think you need to worry about it.

I myself have studied in Canada for a few months a long time ago and the best thing that I liked about Canada was that it is a multicultural country that welcomes those who are seeking for better opportunities. And now I am in doubt if it is the same Canada that I experienced back then. I do truly understand why you are so upset because I have seen some immigrants who did worse stuff than you said. But you are generalizing immigrants as if they are criminals who just make problems and extort money. Althought there are some, not all immigrants are like that. You need to change the way you look at them.

Again, I just asked a few questions just to gather information on the absolutely worst scenario. I hope you do not judge other genuine and faithful immigrants by the wrongdoings of a few.
Think most of the outrage is due to your statements that if your business is not successful only you would return to Korea. Understandable that if your business doesn't do well that you leave Canada but leaving your family in Canada while you move back home doesn't make sense if you are immigrating as a family.
 

uhani0115

Full Member
Aug 3, 2020
26
2
I am sorry for the unthoughtful statement. I really am. Although it is not the most ideal situation which I would prevent from happening to my best ability, but I just can't ignore such a situation and just wanted to know and be prepared for the worst scenario possible.

We are a film company here in Korea making a considerable amount of profit every year and I am confident that my business will succeed in Canada. I have no doubt. But still, you never know what would happen in the future and have to be prepared for it.

Again, I am sorry for the unthoughtful statement and that wasn't my intention. I admit that I did not think of how Canadian think about my questions. I am sorry about that. But I am aware that such action is harmful to Canadian Immigration and leaving my family in Canada is something that would unlikely happen to me and something I would want to avoid.
 

hmblaster

Star Member
Nov 24, 2020
85
37
I am sorry for the unthoughtful statement. I really am. Although it is not the most ideal situation which I would prevent from happening to my best ability, but I just can't ignore such a situation and just wanted to know and be prepared for the worst scenario possible.

We are a film company here in Korea making a considerable amount of profit every year and I am confident that my business will succeed in Canada. I have no doubt. But still, you never know what would happen in the future and have to be prepared for it.

Again, I am sorry for the unthoughtful statement and that wasn't my intention. I admit that I did not think of how Canadian think about my questions. I am sorry about that. But I am aware that such action is harmful to Canadian Immigration and leaving my family in Canada is something that would unlikely happen to me and something I would want to avoid.
I would suggest a few things (again! :) :
1. consult an immigration expert may be in Korea itself who can answer all of your immigration questions. These firms charge very minimal and can answer any preliminary questions you may have.
2. Just focus fully on your business and analyze the Canadian market for your business, participate in forums, join the communities like TechTO, Meetups etc and get yourself familiar with the culture and scope.
3. By doing #2, you'll know if your model will work as is or you need to pivot.
4. More importantly, just be positive and keep fighting. We are entrepreneurs, we fail more than we succeed & don't leave your family alone, no matter what happens. Plan more for the best than worse.

If you are genuine and hard working, you'll always find help and support, so no need to be scared of anything. I wish you the best for your application.