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Sustaining PR status with almost expired PR cards

can1da

Member
Dec 9, 2009
17
0
Hi!

We (I, my wife and daughter) are living outside Canada since March 2010, very soon after getting our PR cards and have lived only three months in Canada. Our PR cards will expire on March 2015. We finalized this immigration process while we (I and my Wife) both were PhD students in Europe but we did not know exact date for award of our degrees (March 2011). The main reasons to live outside Canada was

1. Legal Agreements with the Government of our country to fulfill 5-years requirement (serving National Universities)

2. We wanted to move to Canada in March 2013 but couldn't due to twins pregnancy of my wife

Now, we still want to avail/ sustain our PR status; we intend to move to Canada in September 2014 (to present conference research papers) and we still have ~ 6 months in hand. Moreover, we are blessed with twin baby boys in November 2013 and they will be traveling with us if they get Canadian Visas. I want to ask:

1. Can we still return to Canada before the card expires without any hassle at immigration office? and stay in Canada with expired PR cards while waiting to complete the 2 years obligatory requirement?

2. If the above does not work; can our relatives (Canadian Citizens) sponsor us to extend our visas and if yes, then does our stay on sponsored visa count toward our PR time to meet the requirements?

Many thanks and best regards
 

txboyscout

Hero Member
Jun 9, 2009
563
14
Job Offer........
Pre-Assessed..
LANDED..........
03-08-2011
can1da said:
Hi!

We (I, my wife and daughter) are living outside Canada since March 2010, very soon after getting our PR cards and have lived only three months in Canada. Our PR cards will expire on March 2015. We finalized this immigration process while we (I and my Wife) both were PhD students in Europe but we did not know exact date for award of our degrees (March 2011). The main reasons to live outside Canada was

1. Legal Agreements with the Government of our country to fulfill 5-years requirement (serving National Universities)

2. We wanted to move to Canada in March 2013 but couldn't due to twins pregnancy of my wife

Now, we still want to avail/ sustain our PR status; we intend to move to Canada in September 2014 (to present conference research papers) and we still have ~ 6 months in hand. Moreover, we are blessed with twin baby boys in November 2013 and they will be traveling with us if they get Canadian Visas. I want to ask:

1. Can we still return to Canada before the card expires without any hassle at immigration office? and stay in Canada with expired PR cards while waiting to complete the 2 years obligatory requirement?

2. If the above does not work; can our relatives (Canadian Citizens) sponsor us to extend our visas and if yes, then does our stay on sponsored visa count toward our PR time to meet the requirements?

Many thanks and best regards
I will assume that you were granted PR in MARCH 2010. This means your PR cards are expiring in March 2015. If you have lived in Canada for only three months of this time period, you will not be able to meet the RO (2 out of 5 years).

1.If you are on a visa exempt passport, you can just use that to come to Canada and hope that the IO does not realize you are not meeting the RO and report you. If they do, then you will still be allowed to enter Canada while you go through the entire process. If they don't report you, then you can stay in Canada and AFTER two full years apply to have your PR cards renewed.

2.Only people allowed to sponsor are your parents, Children and grandchildren. No one else can sponsor you for Canadian PR. If you are talking about visit visa, they can provide statements of support but you have to apply for and qualify for the visit visa. If you have to apply for a visit visa, they will def figure out that you have not met your RO and revoke your PR.

If for any reason, you have to go before immigration because of not meeting the RO, expect to lose your PR. The reasons you have provided are not good enough for retaining your PR.

P.S: I skipped the part about the children needing visas. This complicates the situation completely. It seems you do not hold visa exempt passports. If you try to apply for any type of immigration benefits for your children (visit visas, PR) they will figure out that you do not meet your RO and revoke your PR.

My advise is that 1 of you tries to come to Canada and hope that you do not get reported. If you are lucky and do not get reported, stay here for 2 years, meet the RO, renew the PR card and then sponsor your spouse and children
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
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can1da said:
Hi!

We (I, my wife and daughter) are living outside Canada since March 2010, very soon after getting our PR cards and have lived only three months in Canada. Our PR cards will expire on March 2015. We finalized this immigration process while we (I and my Wife) both were PhD students in Europe but we did not know exact date for award of our degrees (March 2011). The main reasons to live outside Canada was

1. Legal Agreements with the Government of our country to fulfill 5-years requirement (serving National Universities)

2. We wanted to move to Canada in March 2013 but couldn't due to twins pregnancy of my wife

Now, we still want to avail/ sustain our PR status; we intend to move to Canada in September 2014 (to present conference research papers) and we still have ~ 6 months in hand. Moreover, we are blessed with twin baby boys in November 2013 and they will be traveling with us if they get Canadian Visas. I want to ask:

1. Can we still return to Canada before the card expires without any hassle at immigration office? and stay in Canada with expired PR cards while waiting to complete the 2 years obligatory requirement?

2. If the above does not work; can our relatives (Canadian Citizens) sponsor us to extend our visas and if yes, then does our stay on sponsored visa count toward our PR time to meet the requirements?

Many thanks and best regards
1. Read through this forum - it has extensive details about PRs breaching the RO for lifestyle reasons. As much as you think your reasons deserve consideration they are lifestyle reasons so if you get reported you will likely lose your PR.

2. Read also the experiences of those PRs who have children born abroad that are not visitor visa exempt nationals to Canada. You must apply for either a Canadian Visa (often refused), a Temporary Resident Permit (complicated) or Sponsorship. If you are in breach of the RO then any of these steps will bring to the attention of CIC the breach. The only thing saving your PR at this time is that CIC don't know you are in breach.

3. You will pick up from my suggested reviews that you only have 2 options - (i) one parent enters without report then wait for 2 years to get your RO back on track at which point you can re-sponsor your spouse/children or (ii) voluntarily relinquish your PRs and re-apply for PR in whatever category that is available on the CIC website for which you qualify.

4. Citizens can sponsor dependent kids, spouse or grandparents (restricted numbers) - I don't believe any of these options are available to you.

Sorry CIC, The Courts and increasingly the Canadian public rightly are of the view that PR Status is for you to live in Canada...its not a glorified visitors visa or back up insurance that you can turn to when it suits you...well you can but its not the walk in the park it used to be. Try your luck with a re-entry. Good fortune may be with you - good luck.
 

zardoz

VIP Member
Feb 2, 2013
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Category........
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Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
can1da said:
Hi!

We (I, my wife and daughter) are living outside Canada since March 2010, very soon after getting our PR cards and have lived only three months in Canada. Our PR cards will expire on March 2015. We finalized this immigration process while we (I and my Wife) both were PhD students in Europe but we did not know exact date for award of our degrees (March 2011). The main reasons to live outside Canada was

1. Legal Agreements with the Government of our country to fulfill 5-years requirement (serving National Universities)

2. We wanted to move to Canada in March 2013 but couldn't due to twins pregnancy of my wife

Now, we still want to avail/ sustain our PR status; we intend to move to Canada in September 2014 (to present conference research papers) and we still have ~ 6 months in hand. Moreover, we are blessed with twin baby boys in November 2013 and they will be traveling with us if they get Canadian Visas. I want to ask:

1. Can we still return to Canada before the card expires without any hassle at immigration office? and stay in Canada with expired PR cards while waiting to complete the 2 years obligatory requirement?

2. If the above does not work; can our relatives (Canadian Citizens) sponsor us to extend our visas and if yes, then does our stay on sponsored visa count toward our PR time to meet the requirements?

Many thanks and best regards
Oh dear... You have dug a really big hole for yourself.
1) You don't meet the Residency Obligation requirements, so on entry to Canada you could be reported with the potential loss of your PR status.
2) You can't sponsor your children until you are residing in Canada.
3) You can't sponsor your children until you are back in compliance with the Residency Obligation.
4) Your relatives cannot sponsor you.
 

scylla

VIP Member
Jun 8, 2010
95,999
22,215
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
zardoz said:
Oh dear... You have dug a really big hole for yourself.
1) You don't meet the Residency Obligation requirements, so on entry to Canada you could be reported with the potential loss of your PR status.
2) You can't sponsor your children until you are residing in Canada.
3) You can't sponsor your children until you are back in compliance with the Residency Obligation.
4) Your relatives cannot sponsor you.
I agree with zardoz. Your biggest issue is that no matter when you return to Canada, you won't meet the residency requirement. And you can't sponsor your children for PR until you meet the residency requirement. So this means you'll have to return (without being reported) and live in Canada for two years without leaving before you will be able to sponsor your children for PR. I think this is your biggest problem and what you'll need to think about most carefully before you make your next move.
 

can1da

Member
Dec 9, 2009
17
0
We (I and my wife) got an opportunity in late 2021 to stay in Canada for one year, but, after applying for Work Visa (based on LMIA), the authorities posed a condition (based on our PR status without RO met) that we could launch a request on the basis of H&C for PR status. We did so, but it was declined. We were given a letter indicating that if we cant appeal then our PR status will be revoked. We did not appeal.

Now question is:
1: Do we need to renounce our PR status officially (or it is revoked already)?
2: Now we intend to move permanently to Canada. Will our new application (EE/FSW/PNP) will be impacted based on our revoked PR status? if not

Your suggestions are highly appreciated to help us apply in the most appropriate category (FSW/PNP).

[We are family of five (parents and 3 kids). I have PhD Electrical Engineering (with 10+ years of experience as University Professor). My wife has got PhD (Physical Sciences) degree as well with 10+ years experience as University Professor. We both have IELTS with 7 band. Relatives/Canadian Citizens living in Toronto but we have established collaboration with UofAlberta.]
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

We (I and my wife) got an opportunity in late 2021 to stay in Canada for one year, but, after applying for Work Visa (based on LMIA), the authorities posed a condition (based on our PR status without RO met) that we could launch a request on the basis of H&C for PR status. We did so, but it was declined. We were given a letter indicating that if we cant appeal then our PR status will be revoked. We did not appeal.

Now question is:
1: Do we need to renounce our PR status officially (or it is revoked already)?
2: Now we intend to move permanently to Canada. Will our new application (EE/FSW/PNP) will be impacted based on our revoked PR status? if not

Your suggestions are highly appreciated to help us apply in the most appropriate category (FSW/PNP).

[We are family of five (parents and 3 kids). I have PhD Electrical Engineering (with 10+ years of experience as University Professor). My wife has got PhD (Physical Sciences) degree as well with 10+ years experience as University Professor. We both have IELTS with 7 band. Relatives/Canadian Citizens living in Toronto but we have established collaboration with UofAlberta.]
1. You didn't appeal, your PR status is gone.
2, New application when EE opens in June/22
 

canuck78

VIP Member
Jun 18, 2017
55,818
13,606
We (I and my wife) got an opportunity in late 2021 to stay in Canada for one year, but, after applying for Work Visa (based on LMIA), the authorities posed a condition (based on our PR status without RO met) that we could launch a request on the basis of H&C for PR status. We did so, but it was declined. We were given a letter indicating that if we cant appeal then our PR status will be revoked. We did not appeal.

Now question is:
1: Do we need to renounce our PR status officially (or it is revoked already)?
2: Now we intend to move permanently to Canada. Will our new application (EE/FSW/PNP) will be impacted based on our revoked PR status? if not

Your suggestions are highly appreciated to help us apply in the most appropriate category (FSW/PNP).

[We are family of five (parents and 3 kids). I have PhD Electrical Engineering (with 10+ years of experience as University Professor). My wife has got PhD (Physical Sciences) degree as well with 10+ years experience as University Professor. We both have IELTS with 7 band. Relatives/Canadian Citizens living in Toronto but we have established collaboration with UofAlberta.]
You lost your PR status. The only reason you were able to get a WP. How old are you and do you have job offers?
 

can1da

Member
Dec 9, 2009
17
0
You lost your PR status. The only reason you were able to get a WP. How old are you and do you have job offers?
I am 46 years old and wife's age is 43 yrs. No job offers till now.
What abt PNP for Alberta? Is this appropriate category? On the other hand either we opt Nova Scotia (upto age 55 yrs) or Saskatchewan PNP?.
Do we still have to wait for EE to open in Jun22 for any of the PNPs?

Moreover, Is it a good option to file application for PR as individual (single applicant)? Settle there, get PR and sponsor my family right after I get PR?
 

Naturgrl

VIP Member
Apr 5, 2020
45,151
9,622
I am 46 years old and wife's age is 43 yrs. No job offers till now.
What abt PNP for Alberta? Is this appropriate category? On the other hand either we opt Nova Scotia (upto age 55 yrs) or Saskatchewan PNP?.
Do we still have to wait for EE to open in Jun22 for any of the PNPs?

Moreover, Is it a good option to file application for PR as individual (single applicant)? Settle there, get PR and sponsor my family right after I get PR?
What is your CRS score with ECA and IELTS? What is your NOC? PNPs are possible depending on if your NOC and CRS score are selected. SINP has its own points system so calculate points and look at the draws sheets if your NOC is drawn and/or eligible. Nova Scotia PNP usually requires a job offer so what stream? Again your NOC has to be in demand to be selected like healthcare.
 

can1da

Member
Dec 9, 2009
17
0
What is your CRS score with ECA and IELTS? What is your NOC? PNPs are possible depending on if your NOC and CRS score are selected. SINP has its own points system so calculate points and look at the draws sheets if your NOC is drawn and/or eligible. Nova Scotia PNP usually requires a job offer so what stream? Again your NOC has to be in demand to be selected like healthcare.
NOC 4011 University professors and lecturers