One month short of PR obligation , but still "WANT" to move permanently - Please advise.

[kn2172]

Hi All,

Here is our scenario.

1) Became PR on 10-OCT-2016
2) PR card validity: 09-NOV-2016 To 09-NOV-2021
3) Days in Canada: 10-OCT-2016 to 17-OCT-2016: 8 days
4) Final date to reach Canada to fulfill PR obligation was: 18-OCT-2019 (passed)

Family of: Me (35), wife (34) & Kid (3.5 years old)

Mistake number 1): Till 15-OCT-2019 we were under the impression that the duration of 730 days within which we need to be in Canada was as per the PR Card. So we were set to move around 31-OCT-2019. Luckily I was browsing the forum and came to know this truth. I was going to leave my job and planned to move on 31-OCT-2019. If I had done this, I would have been the biggest mess as I would be left without a job and also an order to revoke PR would have generated on 31-OCT-2019. When I realized this, I had only 3 days left to reach Canada to be within the limit to fulfill the 730 days obligation. It wasn't possible for me to pack up and leave within a few hours.

Thinking about the PR revocation, we just gave up the plan to make the move and tried to forget about Canada & PR and got into our lives back here.

But as human nature, the thought of losing such a great opportunity due to this silly mistake started haunting me day and night, especially when I came back from work. What am I doing? How can I give up on everything due to such a silly thing?

It has been almost one month now since I have been trying to settle my mind here, but I am unable to forget about it. I seriously want to move and do not find any reason to stay back here.

Things I have thought of doing :

option 1) leave my current job and fly to Canada, if am lucky and not reported for PR revocation, I will stay there for 2 years continuously and get PR cards renewed. If I am unlucky, I will be in a big mess as my current job would be gone.

option 2 ) Take a leave from the current job and try to enter Canada once. If reported I will have to come back and join my current job. But if not reported will have to stay in Canda and would not be able to leave Canada. The tricky part here is my current company wants me to be physically present here for at least one day (the most stupid thing I have heard from a company ) for completing the resignation formalities. But as I will not be able to leave Canada, How can I do that? I will be reported as absconding and not given any experience letters. I have been working here for 6 years.

option 3) Give up current PR and apply for new. This seems to be a bit hard for me as I am 35 years old now. When I applied I was 32 and had a CRS of only 330. Luckily I got the PNP nomination and I got the PR. But PR streams have become too much limited now and have many more eligibility criteria than 3 years back.

option 4) I know if I am reported for RP revocation, I will have a chance to appeal. Is there a way, I can appeal from here itself before flying to Canada. I do not have any H&C grounds except for the good future and life of my kids. (present and prospective). This is the truth: I made a mistake in the calculation but I don't want my kids to suffer because of such a silly mistake I have done. I would like to take the permission to be able to enter even if I am short of PR obligation by 30-45 days and then enter Canada. In this case, as I will be sure shot of not being reported at the airport I can leave my present job and fly to Canada without a risk of being reported. I will also get my letters from my current company and maintain good relations with them. If anyone can guide me on how to do make this kind of appeal and where - PLZ PLZ let me know. - biggest Q? is - "HOW TO DO THIS"? Can we do it ourselves or we need to hire a lawyer for this ?

option 5) I have a USA B1 visa & I suppose as a B1 Visa I can enter Canada as a visitor. In this case, will my PR obligation be taken into condition at the airport? Does anyone know if this is a feasible option? Once entered, will stay in for 2 years..till PR renewal.

Please help, what can be a good and less risky thing to do here? The baseline is " we want to move "

I know, many of you might think why I waited till the end? but there were factors both financial and emotional & we had planned to buy as much time we can before making the move.

Thanks in advance to each and everyone who read this and would love to hear from you.

Thanks.

 

[k.h.p.]

If you had stayed longer than a week in Canada in the past three years, I would tell you that missing the RO by a handful of days is not going to get you reported. But you've missed the RO by a lot more than a handful of days - you only have a handful of days left.

As many people here would tell you, your best option is to arrive at the border and be honest if asked about your RO - but fully intend to move to Canada and be ready to move to Canada. That being said, the options as you've outlined them are not super pretty are they?

I have no real advice for you other than to say that if you got to Canada very quickly and were honest if asked, you'd stand your best chance.

 

[canuck78]

Your best bet is to enter as soon as possible with your whole family. With almost 2 years left on the 5 years from landing you have a better chance than many of not being approved. Do you have a second child? That would be what would complicate things.

 

[kn2172]

Your best bet is to enter as soon as possible with your whole family. With almost 2 years left on the 5 years from landing you have a better chance than many of not being approved. Do you have a second child? That would be what would complicate things.

We have only one child right now and not even pregnant now.

 

[kn2172]

Hi , Can someone please point me out how to contact the CIC or IRCC regarding PR obligation request ?

 

[Bs65]

Contacting them isnt going to change much given the call center will likely just quote the rules that you need to be in Canada for 2 years in a 5 year period. They are just a call center and have zero influence on what might happen at the border.