URGENT... Please somebody help me

[Siavash]

Hello everybody …
I have been in Canada less than two months during last 5 years & my PR is going two expire in next two weeks. The reason of my absence in Canada were respectively:
a-My wife wanted to continue her education
b-I started and finished my Master degree
c-I had a divorce case unfortunately
Now please let me know:
1-Does H&C gives me a high chance to ask for renewal
2-What is my real status in Canada? Am I going to be an illegal resident in here my PR Expiry?
3-If I want to renew my OHIP(which has been expired on 2009) or getting my driving license, do I need my PR for these cases or any similar cases?
4-For working in Canada, does anyone allow asking me to show my PR or just showing my SIN Number is enough to prove I am permanent resident? ( I have SIN Number which is started with 5)
5-I want to continue my education for Ph.D and there is pretty much difference between international students and Canadian students in here. How should I introduce myself when I talk to them? Should I tell them that I am a permanent resident or not? Am I really a permanent resident? Do they fulfill with my SIN Card and OHIP and driving license for accepting me as a Permanent Resident or they may ask my PR Card? What should they do if they find out my PR is expired?
6-Totally what are the potential risks for me to be in this status till next two years to ask for renewal?

 

[Leon]

Hello everybody ...
I have been in Canada less than two months during last 5 years & my PR is going two expire in next two weeks. The reason of my absence in Canada were respectively:
a-My wife wanted to continue her education
b-I started and finished my Master degree
c-I had a divorce case unfortunately
Now please let me know:
1-Does H&C gives me a high chance to ask for renewal

In my opinion no. You and your wife chose to stay outside Canada. She could have studied in Canada. Then you chose to study outside Canada, you also could have studied in Canada. Then you had a divorce so if your wife was the one who wanted to stay outside Canada, you should have been able to go back, right.

2-What is my real status in Canada? Am I going to be an illegal resident in here my PR Expiry?

No, you are still a PR until your PR status is officially revoked.

3-If I want to renew my OHIP(which has been expired on 2009) or getting my driving license, do I need my PR for these cases or any similar cases?

You might. OHIP will want to see that you are in Canada legally. As I assume you have made it to Canada at this point, you should go register for OHIP now before your PR card expires. You will have to do the 3 month waiting period again. As for your drivers license, in Ontario, I don't think you need a PR card.

4-For working in Canada, does anyone allow asking me to show my PR or just showing my SIN Number is enough to prove I am permanent resident? ( I have SIN Number which is started with 5)

Your SIN number is enough.

5-I want to continue my education for Ph.D and there is pretty much difference between international students and Canadian students in here. How should I introduce myself when I talk to them? Should I tell them that I am a permanent resident or not? Am I really a permanent resident? Do they fulfill with my SIN Card and OHIP and driving license for accepting me as a Permanent Resident or they may ask my PR Card? What should they do if they find out my PR is expired?

I have heard that students are sometimes asked for their PR cards to prove their status. However, you are still a PR unless they have revoked your status so you can introduce yourself as a PR. You don't don't have a valid card. If you are afraid to tell people that you don't meet the requirements, you could actually say that you have applied to renew your card but they had requested a residency questionnaire, even though you had met the requirements and you are waiting for it. It is a plausible story. RQ's take forever.

6-Totally what are the potential risks for me to be in this status till next two years to ask for renewal?

It is unlikely that immigration will go after you unless you leave Canada again. If you leave, you would have a problem getting back. After 2 years when you meet the requirements, you can apply, no problem.

 

[Siavash]

Leon, I have no word to thank you ... You are pure gift of God to me ... I deeply thank you so much

 

[scylla]

Just to add...

In your very first post on this forum you also added the following details that were excluded from your post above:

"At the airport the officer asked me how long have you been in Canada? And I frankly replied approximately a month or so. He said may be the immigration revokes your PR, and I said but I have my own excuse to be out, he said it is depend on them to decide base on the H&C case. I said nothing more and peacefully finished the conversation."

Since the officer said this, I think there is a small chance he may have reported you to CIC for failing to meet your residency obligations. If he did, then you will have to appear in front of a judge to argue why you should be allowed to retain your PR status. If he didn't (hopefully he didn't), then you can just do as Leon so well described.

 

[benk]

Leon and Syclla,

But how would the OP know if he/she is reported by the CIC for not meeting the residency obligation?

Should they (i.e. immigration officers) provide the OP paper documents telling him/her that he/she is reported and therefore had to appeal for the PR status?

What does it mean if the OP didn't receive any paper documents about the report? Can the OP safely assume that he/she is NOT reported and is therefore still a PR of Canada and would be able to renew his/her PR card after staying in Canada for the next 2 or more years?

 

[benk]

Also, to add another question -- Should the immigration officers provide the OP paper documents about the report right before the OP leaves the port-of-entry after the questioning? Or should the OP wait something to arrive in the mail?

 

[scylla]

To the best of my knowledge the immigration officer does not provide any paperwork if they have reported someone to CIC. The person who has been reported finds out when they receive a letter in the mail instructing them to appear before a judge.

Hopefully someone can confirm the above is correct...

 

[benk]

Hi Scylla,

But sometimes they (the immigration officers) do not ask for current mailing address. So, if that is the case, will they use the mailing address you gave them when you first landed in Canada? But what about if you moved and lived in a different address in Canada afterwards?

 

[benk]

Anybody (Leon, Scylla, Alabaman, PMM, steaky) who knows the answer to my questions above? Please help as my friend is in the same situation.

 

[Siavash]

I have returned from Service Ontario right now in order to renew my OHIP, They accept expired PR if the expiry is less than 5 years. This may help some of the people who may have the same issue. Thank you all

 

[Siavash]

How can I understand that the police at the airport reported me to CIC? How can I check my status? Could I be in a danger?

 

[benk]

Siavash,

When you were at the airport with the immigration officer, did the officer asked for your current mailing address in Canada? Did they say if they gonna send you something in the mail?

 

[Siavash]

No ... Never Ever ... Fortunetly the guy was so tired and just told me what I have told you ... "They (means the CIC) may do not renew your PR card sir!" it is all he said after I told him I have been in Canada for just a month ... Why I say always the truth?!?!?

 

[Leon]

He did not report you. If he had reported you, he would have given you some paperwork. I have heard of cases where people have been reported and that is what happens but it seems common that immigration officers do not bother with it but instead let CIC deal with you when you apply to renew your PR card.

Do not try to check your status or you will just be bringing attention to yourself. You made it in, now just go on about your daily life for 2 years and then you can apply to renew.

 

[benk]

Thank you very much Leon for helping explain things to us. My friend will definitely renew her PR card only after staying here in Canada for at least 2 years and apply for Canadian citizenship after staying for at least 3 years.