UGENT ADVICE NEEDED - LEON CAN YOU PLEASE RESPOND

[realeasy]

I came to Canada on PR in 2008 and lived in Canada. End of last year I got US green card and since then I am living in US but my family lives in canada and I am commuting back and forth. When I was entering Canada by car last time, I was sent inside to meet immigration. The agent told me that since I have green card I should surrender my PR and still can travel to Canada in Green Card. If I don't surrender it, the other agent could revoke the PR during my next visit. But she also said that if I surrender my PR, my family status also will be revoked. Is there a way to surrender my PR without my family PR getting revoked?

I don't mind surrendering my PR. But my family wants to live in Canada. Can you please advice.

 

[realeasy]

Hello Good people, Can anyone respond?

 

[scylla]

As long as your family meets the residency obligation - their PR status should be fine - even if you give up your PR status.

How did you obtain PR status. Any chance it was through one of the investor / entrepreneur streams? (In that case the answer might be different.)

 

[realeasy]

I came based on skills.. My son and wife were my dependents. My wife and son lived here since 2008. They meet the residential requirements. My wife is a Canadian citizen now. But the agent told that can be revoked.

 

[scylla]

It sounds like the agent was trying to scare you for some reason. As long as your wife and son meet the residency obgliation, they are fine. You can go ahead and have your PR status revoked without affecting them.

 

[realeasy]

ok thank you very much. I too meet the residency requirements, but just the fact that do not want to be permanent residents of two countries I think I will be well of surrendering my PR in Canada and use my Green Card to travel into Canada.

 

[Leon]

The immigration officer had no idea what they were talking about. If you would have asked them to show you the immigration manual or rulebook where it states that you lose your PR for having a green card when you still meet the 730 day residency requirements for the past 5 years, they might have become angry and tried to give you more trouble but they would not have been able to.

Fact is, there is no such rule. As long as you meet the 730 day requirements in the past 5 years, you keep your PR status. She has no right to take your PR card. The worst she could do is if she does not believe that you meet the requirements, she can report you to immigration for it and you would have to appeal for your PR, proving that you meet the requirements.

They also would not have been able to show you the immigration manual or rulebook where it says that your dependents lose your status if you do unless you were under investor/entrepreneur class and failed to meet your requirements of running a business.

Fact is, if you immigrated as a skilled worker or similar immigration class, as long as everybody has landed, they are not affected by each other. If your wife already got citizenship, they can not do anything to her. Your children just have to meet the residency requirements for themselves and stay away from crime and then they will keep their PR as well.

 

[realeasy]

Thank you very much. Based on what I take from my conversation with the agent last week, I am flagged to be pulled over each time I cross the border. This week or next week when I cross I am going to tell the border agent that I need to meet the immigration agent before they ask me to do so and explain him / her the situation. If he / she suggests that I should get my PR card revoked voluntarily I will do that. Hopefully I will get to deal with someone helpful.

I was planning to take advice from lawyer assuming that my family will be affected. Since that is not the case as I assumed and based on your (scylla and leon) message, I feel that this is not complicated and I do not need any advice from lawyer.

 

[Leon]

In case you may want to revive your PR later, you could also offer the immigration officer to take your PR card. Since they don't seem to know what they are doing, they might happily accept it although this is completely meaningless as you would still keep your status and could just apply for another card later.

Your family will really not be affected and you could continue to visit Canada because as a US green card holder, you are visa exempt to Canada. However, tell your children they would be better off applying for citizenship as well if they plan to stay in Canada. PR is good as long as you continue to meet the 730 day requirement and stay out of trouble with the law but citizenship is still safer.

 

[realeasy]

Yes, My son has a US passport. I have applied for his Citizenship in Canada and it should come in this year.

Thank you very much again.