Want to move to Canada in May 2023, PR expiring in June 2024. RO not met

[canadapr2590]

I did my soft landing on May 30th, 2019 and received my PR card shortly after that. At the time I stayed in Canada for 4 days and then never returned. I am currently residing in the US on H1-B visa and my initial plan was to move to Canada in May 2022 (so I could fulfill my RO of 2 years in the first 5 years) however that didn't happen due to my personal circumstances. Now my company is offering me an option to take an internal transfer and move to Canada to work full time for them over there starting in May 2023. As I read through the other threads I do understand at this point it will be a matter of luck for me at the border whether I am reported or not to IRCC.

However my questions are -

1. What can I do to strengthen my case and make an argument with the Immigration officer if he/she questions me why I was away for 3+ years after my soft landing?

2. I am currently single but I might get officially married before I plan to move to Canada in May. Would this affect my case in terms of convincing the officer that I am in fact planning to permanently move to Canada?
Note - My fiancé (who may become my wife by that time) is not a PR yet however she also has the option from her company to move to Canada on work permit.

Thanks!

 

[armoured]

1. What can I do to strengthen my case and make an argument with the Immigration officer if he/she questions me why I was away for 3+ years after my soft landing?

You refer to personal circumstances, give them the brief version of those personal circumstances. You can (and I would say should) also refer to uncertainty around covid and not wanting to risk during that period.

Some here will want to lecture about what are 'official' reasons for H&C cases or that you could have moved before you are planning to (i.e. that border was never closed for PRs during covid). Ignore that. You can still make the best case that you are able, just of course with knowledge that it may not be considered sufficient. On the other hand, it may be.

I'd also emphasize that you have a (good) job in Canada and that's one of the reasons. Again, may not be sufficient, but CBSA officers also likely instinctively prefer people who are going to contribute.

2. I am currently single but I might get officially married before I plan to move to Canada in May. Would this affect my case in terms of convincing the officer that I am in fact planning to permanently move to Canada?
Note - My fiancé (who may become my wife by that time) is not a PR yet however she also has the option from her company to move to Canada on work permit.

Don't see any relevance unless she was also/already a PR or citizen (and in Canada).

You should keep in mind that you will face one ongoing issue until you are back in compliacne with the RO - that you will face some risk of having an issue every time you travel. You can probably reduce that risk by minimiizing travel generally and esp for six months or so (to show you are establshed in Canada). I put it this way because I kind of assume that with a US employer you may be expected to go there from time to time. Set expectations with your employer that you need to travel less.

Also you shouldn't renew your PR card until in compliance, which will restrict your travel options when your PR card runs out (won't be able to fly in until renewed).

 

[canadapr2590]

Thanks for a detailed response, that makes sense. I will definitely mention uncertainty around covid but in addition to that I will also try to establish a case where my employer wants me to build out a team of software engineers and hire people under me (which is actually true to some extent) in Canada. I have already clarified with my US employer, there won't be any requirement for me to come back to US for the foreseeable future so once I get in without any issues maintaining my PR and not leaving Canada for a couple years until I fulfill my RO shouldn't be a problem.

 

[armoured]

Thanks for a detailed response, that makes sense. I will definitely mention uncertainty around covid but in addition to that I will also try to establish a case where my employer wants me to build out a team of software engineers and hire people under me (which is actually true to some extent) in Canada. I have already clarified with my US employer, there won't be any requirement for me to come back to US for the foreseeable future so once I get in without any issues maintaining my PR and not leaving Canada for a couple years until I fulfill my RO shouldn't be a problem.

In interactions with them, emphasize the core of the issue and be brief. Hit the main points, no romantic novels. Detail only where needed to make that point (let them ask questions). But yes, stating simply that there were delays in transferring (hiring) you for the Canadian subsidiary because of [reasons] including need to hire/build the right team locally may be a reason they'd take as a positive.

My gut feeling also is that they are more likely to be lenient where things are not under control of the PR, eg "was supposed to be transferred ages ago but bureaucracy". I mean, who doesnt' like to complain about bureaucracy (even where it's just internal to some company).

 

[canuck78]

Thanks for a detailed response, that makes sense. I will definitely mention uncertainty around covid but in addition to that I will also try to establish a case where my employer wants me to build out a team of software engineers and hire people under me (which is actually true to some extent) in Canada. I have already clarified with my US employer, there won't be any requirement for me to come back to US for the foreseeable future so once I get in without any issues maintaining my PR and not leaving Canada for a couple years until I fulfill my RO shouldn't be a problem.

The bigger issue is your future wife. You shouldn’t apply to sponsor someone until you are in compliance with your RO so your wife should try to get a WP if you want to be together earlier.

 

[canadapr2590]

Yes, I will make up some solid points and go for it.

The bigger issue is your future wife. You shouldn’t apply to sponsor someone until you are in compliance with your RO so your wife should try to get a WP if you want to be together earlier.

Yes I am aware of it, the good part is that she won't require my sponsorship, her company is sending her on work permit. My only concern was if it would weaken my case because she would be coming after me to Canada (somewhere around July) and who knows how convinced the immigration officer would be if I tell him I won't need to sponser her.

 

[armoured]

Yes I am aware of it, the good part is that she won't require my sponsorship, her company is sending her on work permit. My only concern was if it would weaken my case because she would be coming after me to Canada (somewhere around July) and who knows how convinced the immigration officer would be if I tell him I won't need to sponser her.

I don't see any reason to bring it up. Obviously tell the truth if asked.

 

[canuck78]

Yes, I will make up some solid points and go for it.

Yes I am aware of it, the good part is that she won't require my sponsorship, her company is sending her on work permit. My only concern was if it would weaken my case because she would be coming after me to Canada (somewhere around July) and who knows how convinced the immigration officer would be if I tell him I won't need to sponser her.

Spouses don’t have to travel together. Not sure how where your wife is is relevant to your entry into Canada.

 

[abdo_85]

I did my soft landing on May 30th, 2019 and received my PR card shortly after that. At the time I stayed in Canada for 4 days and then never returned. I am currently residing in the US on H1-B visa and my initial plan was to move to Canada in May 2022 (so I could fulfill my RO of 2 years in the first 5 years) however that didn't happen due to my personal circumstances. Now my company is offering me an option to take an internal transfer and move to Canada to work full time for them over there starting in May 2023. As I read through the other threads I do understand at this point it will be a matter of luck for me at the border whether I am reported or not to IRCC.

However my questions are -

1. What can I do to strengthen my case and make an argument with the Immigration officer if he/she questions me why I was away for 3+ years after my soft landing?

2. I am currently single but I might get officially married before I plan to move to Canada in May. Would this affect my case in terms of convincing the officer that I am in fact planning to permanently move to Canada?
Note - My fiancé (who may become my wife by that time) is not a PR yet however she also has the option from her company to move to Canada on work permit.

Thanks!

Good luck,
Hope to update us here your experience after returning.
Thanks

 

[lollyIrl]

I am bumping this as I am in a similar situation. I stayed for 2 weeks after landing. I have spent additional 4 weeks in Canada.
Will likely be here in May for 1wk
But will be moving in 2023 in July/august and will be staying permanently after this.
The delay was due to covid 19 - travel restrictions, also as healthcare I was working during the COVID 19, there were also delays with royal college registration during the pandemic.

My questions are if I continue to stay after my PR expires in 2024 without renewal, are there situations other than travel that my PR card may be required? e.g. work purposes, banks, etc.

Thanks in advance

 

[armoured]

My questions are if I continue to stay after my PR expires in 2024 without renewal, are there situations other than travel that my PR card may be required? e.g. work purposes, banks, etc.

Basically no. There may be cases where places ask for it, but it's not a required form of ID, and you can show an expired PR card without fear.

Lots of people live in Canada for ages without valid PR cards. There's a thread here where a guy is applying for his first one after 20 years in Canada.

Do make sure to get other Canadian ID though, like a driver's license.

 

[lollyIrl]

Basically no. There may be cases where places ask for it, but it's not a required form of ID, and you can show an expired PR card without fear.

Lots of people live in Canada for ages without valid PR cards. There's a thread here where a guy is applying for his first one after 20 years in Canada.

Do make sure to get other Canadian ID though, like a driver's license.

Thank you!

 

[canuck78]

I am bumping this as I am in a similar situation. I stayed for 2 weeks after landing. I have spent additional 4 weeks in Canada.
Will likely be here in May for 1wk
But will be moving in 2023 in July/august and will be staying permanently after this.
The delay was due to covid 19 - travel restrictions, also as healthcare I was working during the COVID 19, there were also delays with royal college registration during the pandemic.

My questions are if I continue to stay after my PR expires in 2024 without renewal, are there situations other than travel that my PR card may be required? e.g. work purposes, banks, etc.

Thanks in advance

Only issue once in Canada and not compliant with your RO is sponsoring spouses or children but if that isn‘t an issue for you then living in Canada without a valid PR card isn’t an issue. Arriving in Canada without a valid PR card and/or SIN# can causes many problems. Assume you are a physician. At this point Canada would have a tough time turning back physicians who are licensed to work in Canada and assume already employed.