Unable to meet PR obligation, but get new job in Canada

[RaymondWW]

I'm Raymond from Hong Kong. I got Canadian immigration visa in 2008, and I landed in Vancouver on March 2008. Due to difficult to find a job in Canada, I have to worked in Hong Kong and China to give financial support to my family, while my wife was accompanying with my daughter who studied in Canada, and I came back to Canada to visit them 3~4 times every year.

My PR will be expired in April this year, recently I was luck to get a job in Toronto started from 1/1 2013, but my job requests me to travel out of Canada occasionally. Problem: I stayed less than 730 days in Canada for the past 5 years as requested obligation, so how can I be qualified to get PR renew? In order to keep my job and stay together with my family.

Both my wife and daughter stayed more than 2 years in Canada in last 5 years, they fulfill with the PR renew conditions.

I will be very grateful, if anyone can provide me some help and advise, thanks!!

Raymond

 

[Leon]

You will have a problem getting your PR card renewed. If you stay in Canada for 2 years straight, you will meet the requirements again and can apply to renew your PR card but being without a PR card can make it hard for you to travel when your job needs you to. If you are visa exempt to Canada, it is a bit easier. You can try your luck but if they ever decide to report you for not meeting the requirements, you will have to appeal for your PR. Having been away because of a job is not a good reason so you will probably lose your appeal and have to leave Canada. In that case, your wife can sponsor you for PR again but it will take a few months.

 

[RaymondWW]

Hi Leon,

Thanks a lot for your advise!
Yes, I am holding HK SAR passport, it is visa exempted for Canada.

If I lost the PR status, will I be able to work in Canada legally? or do I need to apply for working permit?
Most of case, I will travel to USA for business, will it be OK to use expired PR when return to Canada? Or can I use HK passport instead of PR to enter Canada?

Thanks again,
Raymond

 

[Leon]

If I lost the PR status, will I be able to work in Canada legally? or do I need to apply for working permit?
Most of case, I will travel to USA for business, will it be OK to use expired PR when return to Canada? Or can I use HK passport instead of PR to enter Canada?

If you lose the PR status, it would be like you never had it so in that case, you would need a work permit to work in Canada. Immigration probably has a record of you so when you enter with your passport without showing a PR card, they will probably know that you are a PR and ask about it. If you show your expired PR card, they will probably say you should have renewed it but they may still let you in without reporting you.

 

[Msafiri]

Hi Leon,
.....Most of case, I will travel to USA for business, will it be OK to use expired PR when return to Canada? Or can I use HK passport instead of PR to enter Canada?

Thanks again,
Raymond

Initially you will be sent to Secondary inspection at each entry where one day you will meet a CBSA agent that will make extensive enquiries into your travels and report you. You say you have been visiting your family 3 to 4 times a year....if you add up these trips how many days of physical presence do you have in the last 5 years?

 

[RaymondWW]

If you lose the PR status, it would be like you never had it so in that case, you would need a work permit to work in Canada. Immigration probably has a record of you so when you enter with your passport without showing a PR card, they will probably know that you are a PR and ask about it. If you show your expired PR card, they will probably say you should have renewed it but they may still let you in without reporting you.

Hi Leon,

My PR is expired, this week I need to go for a business meeting in Buffalo USA, I will go there by the car. When I return to Canada, will it be ok if I only show them my HK passport? If the immigration officer asking whether I'm the PR, what should I answer ? If I show the expired PR card to them, will I have trouble for my Canada PR?

Thanks!
Raymond

 

[Leon]

Hi Leon,

My PR is expired, this week I need to go for a business meeting in Buffalo USA, I will go there by the car. When I return to Canada, will it be ok if I only show them my HK passport? If the immigration officer asking whether I'm the PR, what should I answer ? If I show the expired PR card to them, will I have trouble for my Canada PR?

Thanks!
Raymond

It is always a risk to leave when you don't meet the residency requirements because if they report you on entry, you will be back in the situation that you may have to appeal for your PR. If you do this, take some proof of when you left Canada so that when you return, you can say to the immigration officer that you are really living in Canada, you just had to go for a short business trip and you did not realize that your PR card was expired.