Thanks rish888, appreciate your feedback.
I could also probably try to see if my current PR can be renewed for another 5 years. Probably wouldn't hurt to try, easier than re-filing again I suppose.
Probable Resident status Revocation ...please advise
- Thread starter DVR
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I could also probably try to see if my current PR can be renewed for another 5 years. Probably wouldn't hurt to try, easier than re-filing again I suppose.
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rish888
Guest
I think you have some confusion about PR status.
PR is like citizenship. Once you get that status you have it for life, just like citizenship. (Unless it is taken away from you.) You do not "renew" your PR.
The PR card (which is what has a 5 year validity) is like a passport. It is only a document meant to get onto airplanes. Even if you don't have a PR card or it is expired, you don't loose your PR status.
Getting a new PR card (which is not happening if you have not met your residency obligation, and btw you can only apply for the card inside Canada) doesn't reset your residency obligation clock. You will still be in residency violation and you will still be unable to sponsor your child.
Either you get to Canada, stay 2 years without leaving, then apply to sponsor, or you renounce, reapply as a family, and get PR status again with a fresh residency obligation requirement.
Hi Rish,
Yes, I understand about the PR status. My reasoning is as follows:
I am already in breach of my residency obligation, so even if I got into Canada, my child would never be given entry without me applying for a Temporary Residence Permit for her. This request would be denied as I've obviously not met my residency obligation and will never be able to meet it, having been out of the country for more than 3 yrs out of 5.
However, if I give justification as to why I couldn't immigrate on H&C grounds, then it's possible I'd be given a so-called 'renewal' of my PR Status, not only the PR card. This would mean that my last 5 yrs of breach have been ignored and I have a FRESH 5 yrs within which I need to be physically present in Canada to meet my residency obligation. At this point, if I decided to immigrate anytime in the next 2 yrs and applied for a TRP for my child prior to travelling, it would be granted since I'm in good standing based on my fresh PR status.
Is this feasible, you think?
Incorrect. Just because your PR status is in good standing by no means indicates your child's TRV or TRP will be approved. We see plenty of refusals here (I would say it's about 50/50). As a PR, you can only sponsor your child while you are physically in Canada. So if the TRV/TRP is refused, one of you would have to remain in your home country with the child when the other moves to Canada earlier to sponsor the child (the sponsor will need to remain in Canada while the application is processed).
Thank you for that clarification Scylla, I had no idea that was the case.
In that case, how long would it take for the sponsorship process to complete so that my wife (who stayed back, potentially) and child could join me in Canada?
What is your actual H&C reason?
There are only a few ways you can request a formal H&C evaluation of your case.
1. Apply for PR TD from your home country. The visa officer will evaluate your H&C claim and either accept it or not.
If they don't accept the H&C claim and reject the PR TD, this will automatically start the process to formally revoke your PR status.
If they do accept the H&C claim and PR TD is issued, this means you can fly directly to Canada and immediately apply to renew PR card and sponsor your child
2. Travel to Canada via USA land border. At the POE, most likely the CBSA officer will see you don't meet the RO. At this point you can request a review by the Minister's Delegate, who will make a formal decision on your H&C claim. Same process will then happen as above. Only in this case, even if H&C is rejected you are still able to enter Canada under the right of appealing the decision. However if you decided to appeal you will wait a long time (1-2 years) for the appeal date and during this time can't sponsor your child. Appeals also in general do not have a good chance of success.
3. If CBSA officer simply passes you into Canada with no reporting of RO violation, you can then try to apply for PR card renewal on H&C claim. The officer processing the PR renewal app will assess your H&C claim. This will probably take a very long time to process in secondary review.
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rish888
Guest
There is a misunderstanding you have here.
A successful H&C PRTD application excuses your residency obligation violation prior to that date. What you get with a successful H&C application is the right to enter Canada on time without being issued a departure order for noncompliance.
Additionally, with a successful H&C PRTD getting a PR card is pretty easy.
But make no mistake. H&C doesn't reset your residency obligation clock. Because you would have a valid PR card chances of being questioned upon re entry to Canada is low in the case of foreign travel, but it is still very much a possibility.
Even with H&C the only way to be 100% safe is to not leave Canada for 2 years.
There was an IAD case Wan v MCI, which is partially about the H&C concept.
Basically he applied for a PRTD on H&C, got it, went to Canada, came back to Hong Kong without a PR card for holidays, applied again for a PRTD (saying he already got H&C) and the PRTD was denied. IAD ruled the denial was valid in law.
My thanks to Rishi, Scylla and Rob_TO for your genuinely informative responses. It does seem that, due to my daughter not having a PR card, the ideal way would be to give up my PR status and start a fresh case. I'm not sure I can make it under the express entry program, as my age is 43 now, but I do get points for being an IT professional with 19+ years experience and a Bachelors degree. My wife doesn't work, but she got a BCOM degree.
When advised by immigration specialists, they say my chances of qualifying to go into the pool are good. However, because the pool is competitive, my chances of getting sponsored for PR by a province or company are lower as younger professionals would be given first preference.
Still, it's better giving this a shot rather than going for other complicated scenarios. Wish me luck!
When advised by immigration specialists, they say my chances of qualifying to go into the pool are good. However, because the pool is competitive, my chances of getting sponsored for PR by a province or company are lower as younger professionals would be given first preference.
Still, it's better giving this a shot rather than going for other complicated scenarios. Wish me luck!
You may as well apply for the PR TD just to see what happens. H&C cases are often unpredictable, I have seen several cases that I thought had no real H&C reason get accepted, and other cases I thought were sure things getting denied. So just apply, submit all your H&C proofs, and hope for the best.
Best case scenario you get PR TD approved and can move back to Canada and renew PR card and apply to sponsor family members immediately.
Worst case you get PR TD denied, which will lead to officially revoking your PR status if you don't appeal. Which is what you were thinking of doing anyways. After PR status is gone, you can then try your luck with EE.
Thanks Rob,
My worry is that even if I apply for PR TD for my daughter and it's accepted based on the H&C grounds provided, that just gets her into the country. However, my case will get flagged for review, just because I applied for the PR TD and it's clear my residency obligations weren't met. Once its reviewed, the immigration officer reviewing it can potentially reject my entire FAMILY's PR statuses, which means that I go into appeal mode. During that time (1 - 2 yrs), if I've applied for my daughter's PR, processing will be on hold unless my appeal is successful.
During the appeal period, I don't even know if my daughter would be able to attend school as she only got into the country through a PR TD, so would she get a study permit? Would she face any other issues? Also, having the sword of potential PR Status denial hanging over my head for a couple of years isn't a situation I'd want to get into since I want to setup my new life in Canada with a clear head.
Not sure if I'm being highly pessimistic, I know other people who've been in similar situations and won out in the end but there's also a high probability of failure, correct?
My worry is that even if I apply for PR TD for my daughter and it's accepted based on the H&C grounds provided, that just gets her into the country. However, my case will get flagged for review, just because I applied for the PR TD and it's clear my residency obligations weren't met. Once its reviewed, the immigration officer reviewing it can potentially reject my entire FAMILY's PR statuses, which means that I go into appeal mode. During that time (1 - 2 yrs), if I've applied for my daughter's PR, processing will be on hold unless my appeal is successful.
During the appeal period, I don't even know if my daughter would be able to attend school as she only got into the country through a PR TD, so would she get a study permit? Would she face any other issues? Also, having the sword of potential PR Status denial hanging over my head for a couple of years isn't a situation I'd want to get into since I want to setup my new life in Canada with a clear head.
Not sure if I'm being highly pessimistic, I know other people who've been in similar situations and won out in the end but there's also a high probability of failure, correct?
Hi All,
Just wanted you to know, I've spoken with an immigration consultant, the same one who got me my current PR. They say that, because my occupation category is 'Information Technology', this is currently a category 'A' profession which is in high demand in certain provinces like Ontario. As such, it's not my points that count towards getting an invitation to apply (ITA) but rather my profession which would make me a strong contender for getting a provincial nomination. This is probably the only way I can get an ITA, as my age (43) prevents me from getting more than 370 points (I checked through an online self-assessment tool).
Does this make sense to you?
Just wanted you to know, I've spoken with an immigration consultant, the same one who got me my current PR. They say that, because my occupation category is 'Information Technology', this is currently a category 'A' profession which is in high demand in certain provinces like Ontario. As such, it's not my points that count towards getting an invitation to apply (ITA) but rather my profession which would make me a strong contender for getting a provincial nomination. This is probably the only way I can get an ITA, as my age (43) prevents me from getting more than 370 points (I checked through an online self-assessment tool).
Does this make sense to you?
Hi All,
I did have one more question on this topic, if you could still help me out. If my PR card has expired and I get a tourist visa to go to Canada in 2020, then will the authorities flag my case for review and revocation of my PR status when I land at the airport? Or will it be flagged for review and revocation when I apply for the tourist visa itself? I guess I'm trying to figure out what prevents me from going to Canada on tourist visa, even after my PR card has expired and just staying there permanently. I already have a SIN card so I'll be able to work.
I did have one more question on this topic, if you could still help me out. If my PR card has expired and I get a tourist visa to go to Canada in 2020, then will the authorities flag my case for review and revocation of my PR status when I land at the airport? Or will it be flagged for review and revocation when I apply for the tourist visa itself? I guess I'm trying to figure out what prevents me from going to Canada on tourist visa, even after my PR card has expired and just staying there permanently. I already have a SIN card so I'll be able to work.
As a PR you cannot apply for a tourist visa the application simply will not go anywhere .
If you did succeed in applying then the system will flag you as a PR and my guess is you will get a letter telling you to apply for a PRTD or to renounce your PR status but others can comment on that. In applying for the PRTD that will of course highlight any residency obligation failure to IRCC.
Once a PR always a PR unless you renounce or it gets revoked so PR card expiry not relevant. Get a visa for the US and cross the US/Canada border , you may or may not get reported but for sure a Canada visit visa as a PR is not an option.
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Thank you very much BS65, that's of great help. One additional question:
My daughter doesn't have a PR, she was born after I had obtained my PR. If she joins me in Canada (she's 4 yrs old so she'll be travelling with a guardian on a tourist visa) would I be able to put her in public school immediately? I'm just wondering if not having a PR would create any difficulties for her? I know once I've completed my 2 years in Canada I can then comfortably apply for a PR for her from within the country, but during those two years will she face any difficulties?