Conflict Regarding my immigration status in Canada........urgent help needed !!

[shikharpandey]

Hello Everyone

As of right now, I am in a huge dilemma about what I should do about my immigration status in Canada. My family along with me have lived in Canada as PRs between 2006 and 2007 (when we went back to India). In fall 2017 I applied for a study visa and received it without any problem and came to Canada as an International student on study permit for my masters which I completed recently and applied for a Work permit a week back.

My parents applied for their visitor Visa a week back in India and got a message from the High Commission that they have been permanent residents since 2006 (although their PR cards have expired) and either they have to renounce their permanent residence or apply for Permanent Resident Travel Document (for which they don't qualify). I verified this issue from CIC. It was pretty much clear for my parents about renouncing the PR status but CIC informed me as of right now MY status in Canada is that of permanent resident and I also have a study permit and an application of work permit in process as well. They gave me 2 options either apply for renouncing for my PR status or I can apply for a PR card. I was shocked at the 2nd option since I was here as an international student all this time but after I saw the rules and regulations, I think I can apply for a PR card (since I have lived in Canada now for last almost 2 years, even though I entered Canada as a Student ad have a study permit).

Can somebody tell me what would be right for me ?? Do people like me in my case really get a PR Card ?? even after returning to Canada after 10 years after leaving and that too as an international student even though my status is showing as a permanent resident according to CIC? Or should I renounce my PR status now since I have already applied for a post graduate work permit and this would create a problem in that??

I really need assistance regarding this issue. I request somebody to please help. (sorry for the long post)

 

[k.h.p.]

You're in an odd position. Theoretically, if you could hold off on renewing your PR card until you've been in Canada for more than 2 years (even 2 years plus a week or two) you'd meet your residency obligation. Since they've told you are a PR, you have no need for a study visa or a work permit.

You don't need a valid PR card for anything but commercial air travel.

The catch is that if you apply to renew your card before you have two years of residency that you can demonstrate, you are ineligible for PR, your card will be refused, and you will lose PR status.

Since you're in Canada, your situation is super complicated! You shouldn't have been granted the study visa in the first place BUT since you are there, I'd be tempted to hold off renewing your PR card until Fall 2019 when you can demonstrate two years of unbroken residence.

Do you have your expired PR cards? An expired PR card does not mean the PR status has expired. You continue to have PR status until it is rescinded.

You may also wish to talk to a lawyer.

 

[21Goose]

This is actually really good news for you.

If you are a PR here, you don't need a PGWP! Yes, people like you will get a PR card since they allowed you into the country without reporting you for not meeting your Residency Obligations, you are currently a Permanent Resident of Canada.

IRCC has confirmed this as well - you are a Permanent Resident, and you are in Canada. You really don't need to worry about anything. You just shouldn't apply for a PR card till you have met your RO (so Fall 2019), then you can apply for a PR card and travel after that.

You can get a SIN number and work freely.

Can you get your old CoPR or PR cards? If not, you can apply for a replacement CoPR using this form

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-verification-status-replacement-immigration-document.html

 

[shikharpandey]

You're in an odd position. Theoretically, if you could hold off on renewing your PR card until you've been in Canada for more than 2 years (even 2 years plus a week or two) you'd meet your residency obligation. Since they've told you are a PR, you have no need for a study visa or a work permit.

You don't need a valid PR card for anything but commercial air travel.

The catch is that if you apply to renew your card before you have two years of residency that you can demonstrate, you are ineligible for PR, your card will be refused, and you will lose PR status.

Since you're in Canada, your situation is super complicated! You shouldn't have been granted the study visa in the first place BUT since you are there, I'd be tempted to hold off renewing your PR card until Fall 2019 when you can demonstrate two years of unbroken residence.

Do you have your expired PR cards? An expired PR card does not mean the PR status has expired. You continue to have PR status until it is rescinded.

You may also wish to talk to a lawyer.

I am going to see a lawyer soon. I have an expired PR card but thats in India ( I have the pictures though). I know the Visa office should have asked me to renounce before giving me a study visa in the first place but they didn't do that.

By holding off my PR card application till Feb 2020 (next year), you suggest me to stay on a permanent resident and avoid travelling ?? And since my study permit will be expiring in 3 month time, I have already applied for a work permit and wouldn't this situation cause any trouble in processing my work permit? If I want to work somewhere I should say that I am on a work permit or I am a PR in Canada ??

Thanks for the reply though.

 

[21Goose]

Just to reiterate - you are currently in status as a Permanent Resident and you should withdraw your work permit application. Do NOT renounce your PR or leave Canada before you have fully understood what you want to do. You have the legal right to stay in Canada as long as you like, you are not breaking any rules or laws.

 

[k.h.p.]

I am going to see a lawyer soon. I have an expired PR card but thats in India ( I have the pictures though). I know the Visa office should have asked me to renounce before giving me a study visa in the first place but they didn't do that.

By holding off my PR card application till Feb 2020 (next year), you suggest me to stay on a permanent resident and avoid travelling ?? And since my study permit will be expiring in 3 month time, I have already applied for a work permit and wouldn't this situation cause any trouble in processing my work permit? If I want to work somewhere I should say that I am on a work permit or I am a PR in Canada ??

Thanks for the reply though.

Talk to the lawyer. Like @21Goose says, this is actually good news.

If Canada considers you a PR, you do not need a study permit or a work permit. You are a PR! Do not renounce your PR status until you have talked to the lawyer. Withdraw the work permit application and the study application and anything else. You have status in Canada, you are in a very good position for someone who has violated the residency obligation and wants to stay in Canada.

Have someone from India send you the PR card. I would suggest you stay in Canada until you have at least two solid years of residence in Canada behind you and then apply to renew your card. You'll have met the residency obligation and you'll be fine.

Since you are a PR, you don't need a work permit. You need a SIN number that doesn't start with a 9. To get that, you likely need your PR card - even though it's expired, it should work. If someone asked you why it hasn't been renewed, explain to them you don't need it renewed if you're not travelling outside the country.

 

[k.h.p.]

Just to reiterate - you are currently in status as a Permanent Resident and you should withdraw your work permit application. Do NOT renounce your PR or leave Canada before you have fully understood what you want to do. You have the legal right to stay in Canada as long as you like, you are not breaking any rules or laws.

Yes, this exactly.

Lots of PRs with violations of the RO hope to be in your position. You don't need a visa or a permit or anything, provided that you do not leave Canada. Once you have two clear years of residency, you can renew your card. Then you need to meet the 2 in 5 years residency obligation on a rolling basis.

I feel bad for you, though - you shouldn't have had to pay international tuition!

 

[21Goose]

Yes, this exactly.

Lots of PRs with violations of the RO hope to be in your position. You don't need a visa or a permit or anything, provided that you do not leave Canada. Once you have two clear years of residency, you can renew your card. Then you need to meet the 2 in 5 years residency obligation on a rolling basis.

I feel bad for you, though - you shouldn't have had to pay international tuition!

Haha maybe he can get a refund

But seriously, what a bit of news to get - you wake up and find out you're magically a PR and resident in Canada.. So many people would give their eyeteeth to be in this position.

 

[shikharpandey]

Just to reiterate - you are currently in status as a Permanent Resident and you should withdraw your work permit application. Do NOT renounce your PR or leave Canada before you have fully understood what you want to do. You have the legal right to stay in Canada as long as you like, you are not breaking any rules or laws.

Talk to the lawyer. Like @21Goose says, this is actually good news.

If Canada considers you a PR, you do not need a study permit or a work permit. You are a PR! Do not renounce your PR status until you have talked to the lawyer. Withdraw the work permit application and the study application and anything else. You have status in Canada, you are in a very good position for someone who has violated the residency obligation and wants to stay in Canada.

Have someone from India send you the PR card. I would suggest you stay in Canada until you have at least two solid years of residence in Canada behind you and then apply to renew your card. You'll have met the residency obligation and you'll be fine.

Since you are a PR, you don't need a work permit. You need a SIN number that doesn't start with a 9. To get that, you likely need your PR card - even though it's expired, it should work. If someone asked you why it hasn't been renewed, explain to them you don't need it renewed if you're not travelling outside the country.

Thanks both you, the thing is this really a very confusing situation to be in. I am going to speak with an immigration lawyer in next 3-4 days. I understand that I should fulfil my residency obligation and then apply for PR card. Somebody, in International student's office of my university said that long time back somebody with a similar case did not got the PR after 1 to 1.5 years of processing. I am just scared of risking my work permit for PR if in the end I do not get it.

 

[shikharpandey]

I

Haha maybe he can get a refund

But seriously, what a bit of news to get - you wake up and find out you're magically a PR and resident in Canada.. So many people would give their eyeteeth to be in this position.

I know it feels awesome. But you know I am paranoid with this risk. I know if I can get PR card it would be great. but its still far off as of now.

 

[k.h.p.]

Thanks both you, the thing is this really a very confusing situation to be in. I am going to speak with an immigration lawyer in next 3-4 days. I understand that I should fulfil my residency obligation and then apply for PR card. Somebody, in International student's office of my university said that long time back somebody with a similar case did not got the PR after 1 to 1.5 years of processing. I am just scared of risking my work permit for PR if in the end I do not get it.

You do not need a work permit because you have PR.

You can legally work in Canada right now. No restrictions.

 

[shikharpandey]

Yes, this exactly.

Lots of PRs with violations of the RO hope to be in your position. You don't need a visa or a permit or anything, provided that you do not leave Canada. Once you have two clear years of residency, you can renew your card. Then you need to meet the 2 in 5 years residency obligation on a rolling basis.

I feel bad for you, though - you shouldn't have had to pay international tuition!

The thing is I entered canada as a student and got my current SIN as well as an international student therefore fee was also tend to be international. But do this time of 2 years as a temporary resident or international student count towards my PR to fulfil the residency obligation ??

 

[k.h.p.]

If you're in Canada and have a SIN, you can get a job, no questions asked.

The only thing you'd risk is the PR card renewal - if you tried to renew it before you met the residency obligation, you'd be refused and told to leave Canada. If you can avoid leaving Canada before you meet the residency obligation, you can renew your card and you're good to go.

You need a SIN that doesn't begin with a 9 - available to PRs and citizens - and then that's it. You have PR right now, you are basically a Canadian except for the vote and citizenship by descent.

 

[k.h.p.]

The thing is I entered canada as a student and got my current SIN as well as an international student therefore fee was also tend to be international. But do this time of 2 years as a temporary resident or international student count towards my PR to fulfil the residency obligation ??

It doesn't matter how you entered Canada. You had PR before you entered, you entered. They count.

You were not in Canada as a temporary resident because you cannot be when you have PR. You were in Canada as a PR.

 

[21Goose]

Thanks both you, the thing is this really a very confusing situation to be in. I am going to speak with an immigration lawyer in next 3-4 days. I understand that I should fulfil my residency obligation and then apply for PR card. Somebody, in International student's office of my university said that long time back somebody with a similar case did not got the PR after 1 to 1.5 years of processing. I am just scared of risking my work permit for PR if in the end I do not get it.

Well, you cannot apply for a work permit without renouncing your PR. And you DO NOT want to renounce your PR (unless you really don't care about being a Canadian PR, then sure, renounce it).

I know it seems scary, but there's no reason to be scared. The rules are very clear - you can read them here - https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

In a nutshell, a PR who does not meet his RO (that's you), is supposed to be stopped at the border and CBSA can then either let you in without an issue, or begin the process of revoking your PR. If they did not begin that process (which they didn't), and you were allowed in, you are immediately in status and do not need to worry about anything except staying in Canada for 2 whole years to meet your RO.

As a PR, you have all the rights of any permanent resident of Canada. You can live and work freely anywhere in the country. You qualify for healthcare as well.

PR status is NOT dependent on the card expiring. You are a PR unless a competent authority revokes your status. In your case, there is no cause to revoke your status (unless you do something stupid like getting arrested for a serious crime, DUI, etc).

Don't worry about what someone tells you about other people who didn't get a card. You have no idea whether that's true, and even if it is, the circumstances may be very different (maybe that person had a criminal record). The law is clear and you are a PR.