Gap years in PR status

[chlorella28]

Hi

I received Canadian PR status since 2004, but my PR card expired in 2010. Alas, I have not been able to meet my residency requirements since 2005, due to multiple invaluable opportunities for continuing my education within USA and UK. Now I have multiple higher education degrees and specializations (and in highly demanded field). I am currently able to enter Canada with my USA passport. However, in 2020 I wish to find work in Canada and finally live close to my Canadian family. I am wondering what my options are to achieve this. I understand I am still a permanent resident of Canada (as my PR has not been revoked) and my SIN has not expired. Would it be a problem for me to find a job in Canada and apply for card renewal after 3-5 years of working & living in Canada?

Alternatively, would I have to officially renounce my PR and apply for work visa instead?? Would I be able to obtain that? Would I be able to regain PR status ever again?

Thank you

 

[scylla]

Hi

I received Canadian PR status since 2004, but my PR card expired in 2010. Alas, I have not been able to meet my residency requirements since 2005, due to multiple invaluable opportunities for continuing my education within USA and UK. Now I have multiple higher education degrees and specializations (and in highly demanded field). I am currently able to enter Canada with my USA passport. However, in 2020 I wish to find work in Canada and finally live close to my Canadian family. I am wondering what my options are to achieve this. I understand I am still a permanent resident of Canada (as my PR has not been revoked) and my SIN has not expired. Would it be a problem for me to find a job in Canada and apply for card renewal after 3-5 years of working & living in Canada?

Alternatively, would I have to officially renounce my PR and apply for work visa instead?? Would I be able to obtain that? Would I be able to regain PR status ever again?

Thank you

If you want to try to save your PR status, you would need to re-enter Canada through a land border and hope you are not reported for failing to meet the residency requirement. If you are able to enter without being reported, then you can remain in Canada for two straight years and then apply to renew your PR card. I'm assuming you have a SIN - which will allow you to work. However it may be difficult to get provincial health care coverage during that two year period. If you have any family members you want to sponsor for PR (i.e. spouse, children) - you will need to wait until you have lived in Canada for two years and meet RO before you will be able to do so.

If, on the other hand, you are reported at the border for failing to meet RO, you should expect to have your PR status officially revoked and be required to leave Canada.

In terms of getting a work permit if you renounce PR, how easy this will be depends on your occupation. If your occupation falls under NAFTA, then all you need is a job offer to qualify for a work permit. Otherwise your employer has to obtain an approved LMIA which is a long and very drawn out process (it's generally next to impossible to find employers who are willing to do it).

 

[chlorella28]

Thank you for direct and detailed answer! Now I have a couple of follow-up questions.

My occupation definitely falls under NAFTA. If my PR status is revoked at the border, am I immediately eligible for work permit, if I have the job offer ready?

As I would like to save my PR and assuming I have no problems entering Canada, is there any laws against me remaining in Canada to work for 3 to 5 years and then reapplying for my Canadian PR card? Would I have to account for the previous gap years of not being in Canada, for the renewal?

Thank you

 

[scylla]

Thank you for direct and detailed answer! Now I have a couple of follow-up questions.

My occupation definitely falls under NAFTA. If my PR status is revoked at the border, am I immediately eligible for work permit, if I have the job offer ready?

As I would like to save my PR and assuming I have no problems entering Canada, is there any laws against me remaining in Canada to work for 3 to 5 years and then reapplying for my Canadian PR card? Would I have to account for the previous gap years of not being in Canada, for the renewal?

Thank you

Your PR status won't be revoked at the border. If CBSA reports you, you will be allowed to enter Canada and will then be required to appear at a hearing at a later date regarding your PR status. Once you have the hearing, you should assume your status will be revoked given how long it's been since you have lived here. You would then at some point be required to leave Canada - and then have to try to re-enter on a work permit. Probably safe to assume there will be a period of time (likely a couple of months?) when you can't work as you switch from being a PR to a work permit. So something you may want to take into consideration as you make plans.

There is no law against you returning to Canada, living here and then renewing your PR card (again, provided you're not reported at the border). Not sure why you would live here for 3-5 years before applying to renew your card - all you need is 730 days. You would be good to go after 2 years here. No - your previous gap of not being in Canada will not be an issue for the renewal.

 

[6327farag]

Sorry to jump in on this, I was in a similiar situation and returned to canada without being reported.

In terms of sponsoring family is it a requirement that I MUST apply for PR card renewal before i can sponsor them? After i am back in RO compliance thatbis

I do not have my expired PR card only COPR

 

[k.h.p.]

You don't need to have a valid PR card to sponsor your family, but you do need to meet the residency obligation - likely with a healthy margin would be better.

 

[chlorella28]

Sorry to jump in on this, I was in a similiar situation and returned to canada without being reported.

In terms of sponsoring family is it a requirement that I MUST apply for PR card renewal before i can sponsor them? After i am back in RO compliance thatbis

I do not have my expired PR card only COPR

Thank you for this information! Did you manage to enter Canada as a US visitor or did you show your expired PR, maybe a job offer and explain the situation, to be let in? I am trying to understand what is acceptable/allowed and what is not.

 

[6327farag]

Thank you for this information! Did you manage to enter Canada as a US visitor or did you show your expired PR, maybe a job offer and explain the situation, to be let in? I am trying to understand what is acceptable/allowed and what is not.

Showed my COPR answered some questions honestly and was on my way.

There is no guarantee that the answers I gave will be acceptable to the CBSA officer who interviews you.
It is entirely at the officers own discretion

 

[6327farag]

Showed my COPR answered some questions honestly and was on my way.

There is no guarantee that the answers I gave will be acceptable to the CBSA officer who interviews you.
It is entirely at the officers own discretion

Sorry to elaborate that wasnt I answered just some questions honestly, it was I was asked some questions and answered them all honestly

 

[chlorella28]

Thank you for the detail!!!