Will I be able to keep my PR status when I clearly fail to meet the PR status?

[sattitarartimir]

Hello all:

I highly appreciate you taking time to read this and, may be, reply to this post.

I am an associate prof. in a reputed Canadian university.

I drove to Coutts and received the "Confirmation of PR" document on May 13 2012. I went back to my home country a week later and received the PR card despatched there by one of my friends and the card expires on July 16 2017, finishing the five year period.

As I said, upon receiving the card, I left for a six-month academic sabbatical (have the letter from the university granting the leave) and came back to Canada on Jan 4 2013. Again I became eligible for another six month sabbatical which I took and due to that I remained absent in Canada from Jan 1 2014 to Sep 7 2014 (I have the original six month letter and the extension letter for July 1 to Sep 7, 2014). Given that I also travelled outside Canada other than these two occasions, I have stayed in Canada a total of about 555 days to this date.
Due to a personal reason, I have to leave for the US and will stay there and most probably will add another 2 months stay (60 days) before July 16 2017. So, this will be added to the 555 days. So, clearly I am not meeting the PR requirement.

Given this, I have a few questions and would greatly appreciate your help.

1. Is there any chance to get my PR card renewed if I state on a separate letter (during the renewal time) that I had to stay out of Canada for conducting research outside Canada and this is part of my job (meaning academicians typically use sabbatical times to visit a foreign country and conduct joint research)? Will this fall under one of the special three clauses for PR obligations?

2. The above numbers indicate that I am falling short of about 6 months to meet the requirement. If I try real hard, then before I apply for the renewal in July 2017, I can reduce that shortfall to, say, 2 months. Do you think this may sway the officer to approve my renewal application?

3. Should I apply for the renewal being inside Canada during July 2017 or I can apply from outside Canada?

4. I am not trying to game the situation (of course because I have been associated with a reputed Canadian university and my personal records have been immaculate to date), but just wanted to know how CIC keeps track of the total number of days one stays inside Canada? This is because CIC doesn't stamp passports while leaving Canada.

Thanks for reading. Please help because I would like to keep the residency and come back to this beautiful country.

 

[steaky]

I can answer some of the questions:

3) You can only renew PR cards within Canada
4) CBSA shares info with CBP and they can access airline manifest to track the total number of days one departs Canada via airplane.

 

[scylla]

1) No. This won't be accepted as an excuse for failing to meet RO. You should avoid applying to renew your PR card until you fully meet the 730 day residency requirement.
2) No. Again, you need to fully meet the 730 day requirement before you apply for a renewal.

Once you finally return to Canada to stay here permanently, you should remain in Canada without leaving until you have 730 days of residency within the last five years - and only then apply to renew your PR card.

 

[sattitarartimir]

Thanks to both scylla and steaky for your time.

OK. That clarifies a lot. It seems that I will not have much chance to renew it.
Now, let me add this piece of information to have the final say from you over the matter.

I have accepted a position in the US and therefore for some time in the future I have to live (at least 2 years) in the US.
Given that I won't be able to renew the card, should I go ahead and renounce the PR so that in future if and when I get a job in a Canadian university I can apply for a new PR, applied by my new university in Canada?

Also, suppose I don't renounce and don't renew, now assuming that I get a job in a Canadian university, what additional problems my new university in Canada may face when they want to process my PR application OR for that matter when I want to re-enter Canada for giving seminars in a university sometime after July 2017 (the card expiration date), how do I enter as my PR has become invalid?
I feel so BAD that the PR card will go bad and there is so much uncertainty there regarding my next entry to Canada.

 

[Rob_TO]

Given that I won't be able to renew the card, should I go ahead and renounce the PR so that in future if and when I get a job in a Canadian university I can apply for a new PR, applied by my new university in Canada?

If you renounce your PR, you will need to check if you can actually work in Canada again. A university can't apply for PR status for you. You would need to qualify for PR again based on whatever open immigration streams Canada has at the time.

If you renounced your PR and wanted to work at a university, you would need to secure a work permit either by them going through LMIA process, or if the job description qualifies under NAFTA (I assume you're a US citizen).

Also, suppose I don't renounce and don't renew, now assuming that I get a job in a Canadian university, what additional problems my new university in Canada may face when they want to process my PR application OR for that matter when I want to re-enter Canada for giving seminars in a university sometime after July 2017 (the card expiration date), how do I enter as my PR has become invalid?

If you don't renounce your PR, then you will still be a PR even if you let your card expire and live in the US long term. As soon as you no longer comply with the residency obligation, then upon any entry to Canada you may be reported by CBSA and they will start the process to revoke your PR. You can always appeal this, but in your case if you won't stay long term in Canada and since you don't seem to have a valid H&C reason to appeal, you would probably lose and your PR would be revoked anyways.

Since your future PR status will be uncertain in trying to enter Canada, it may be better for you to renounce it voluntarily so next time you want to work here the university can just try to get you a valid work visa (again they can't apply for your PR). If you have PR status but don't meet RO, you may find yourself starting to work at a Canadian university under your PR status and valid SIN, but then if CIC/CBSA revokes your PR status you'll need to suddenly stop working while the university then sorts out getting you a work permit.

 

[sattitarartimir]

ROB_TO:

Many thanks for clearing up many lingering doubts.

So, I think it will be the best decision for me file non-residency after sometime by completing a form with the CRA. Do you think this is the usual way to renounce the PR? Please advise.

Also, once that is renounced, I can always find for a professorial position in Canada and once I have an offer, the usual route will be taken, which is get a work visa, then eventually apply for a PR (BTW, my experience tells me that for Canadian professors working on a work visa, the university's legal office basically takes all the hassle to apply for the PR application).

Finally, it seems that nobody knows what would happen when one approaches Canada with an expired PR card. You may or may not get through. Even though some posts (from reliable long-term posters like you) suggest that a CBSA officer at the border is bound to let you in with an expired card for one month because you still have your basic PR rights.

I am finding this forum extraordinarily helpful. This is amazing.

 

[Rob_TO]

So, I think it will be the best decision for me file non-residency after sometime by completing a form with the CRA. Do you think this is the usual way to renounce the PR? Please advise.

CRA and CIC are 2 completely separate entities. One can be a non-resident for tax purposes with CRA for a couple years, and still maintain their residency obligation and keep their PR status. Or if living with their Canadian citizen spouse, a PR can stay out of Canada forever as a non-resident and still be considered a PR in compliance with the RO.

To renounce your PR, you must officially renounce it to CIC or CBSA. I believe you can do this on your next trip to Canada at the border, or to your local visa office wherever you are.

Finally, it seems that nobody knows what would happen when one approaches Canada with an expired PR card. You may or may not get through. Even though some posts (from reliable long-term posters like you) suggest that a CBSA officer at the border is bound to let you in with an expired card for one month because you still have your basic PR rights.

What happens at the border is very well known. As a PR, you are guaranteed entry into Canada whether you have an expired card or no card at all. If CBSA discovers you don't meet the RO they can file a report against you, but still it's your right as a PR to enter Canada even if you don't meet the RO. You will then be expected to appeal the RO report in Canada with CIC.

In your case, if CBSA reports you for not meeting RO it may be better to just renounce it on the spot, and then enter Canada as a visitor instead.