about the Permanent Resident obligation

[tkr]

hi all

landed in P.I.A Toronto with my family became PR on feb 22,2005, left canada on 25 of feb 2005 for USA with my family. again went back to P.I.A Toronto on august 17, 2005 this time by mysef live in Toronto,canada stayed approx. 17 months worked and paid taxes again came back and join my family in USA in nov 17,2006 so this time i am planning to go myself back to vancouver,BC Canada within 1 or 2 months and my PR is still valid till Feb 22, 2010 and for your information my wife is in H1b and me and my son is in H4 status in USA finally do i have any problem in canadian port of entry in vancouver,BC due to my PR obligation cause i am away from canada for almost a year,please let my know thanks.

 

[Libra]

Your PR card is good for five years and in your case till 2010, and during that 5 year period, you can come and go as you like into and from Canada.

Your PR obligation does not come into play now - however, it will come into play on February 23, 2010 after the card would have expired and time for renewal - although you can send in your renewal application well before February 22, 2010.

So, just make sure that you keep counting, and you must endeavor to meet the 730 days requirement by February 22, 2010, and lastly, to be back inside Canada by that date in order to avoid the hassle, fretting, and worries of renewing your PR outside of Canada so that you can renew your card from within Canada.

Currently, PR card renewals within Canada takes 50 days, so it is best to send your renewal application at least 2 months prior to the expiration date, or better still, 90 days prior.

hi all

landed in P.I.A Toronto with my family became PR on feb 22,2005, left canada on 25 of feb 2005 for USA with my family. again went back to P.I.A Toronto on august 17, 2005 this time by mysef live in Toronto,canada stayed approx. 17 months worked and paid taxes again came back and join my family in USA in nov 17,2006 so this time i am planning to go myself back to vancouver,BC Canada within 1 or 2 months and my PR is still valid till Feb 22, 2010 and for your information my wife is in H1b and me and my son is in H4 status in USA finally do i have any problem in canadian port of entry in vancouver,BC due to my PR obligation cause i am away from canada for almost a year,please let my know thanks.

 

[al26]

I landed in Canada in May 2007 and went back to my home country in July 2007 with my family due to liabilities back home. I came back in Canada on 01 June 2012 alongwith my family and my PR card was expired on 04 June 2012. Since then i am living here in a rented apartment, my kids have been registered in the school. I have got admission in Ryerson University in M.Eng course. Please advise whether I should go for renewal of PR card. Am i legally eligible to live and work in Canada?

 

[Leon]

I landed in Canada in May 2007 and went back to my home country in July 2007 with my family due to liabilities back home. I came back in Canada on 01 June 2012 alongwith my family and my PR card was expired on 04 June 2012. Since then i am living here in a rented apartment, my kids have been registered in the school. I have got admission in Ryerson University in M.Eng course. Please advise whether I should go for renewal of PR card. Am i legally eligible to live and work in Canada?

You are eligible to live and work in Canada because you are still a PR even if you don't have a valid card. However, you should not leave Canada or try to renew your card until June 2014 at the earliest because then you will meet the residency requirements again.

 

[Choquita]

Hi there, good afternoon.
I have a question, I hope you can help me.
I became a permanent resident in Dec of 2007, lived in Toronto for 3 years and then I was offered a job overseas and left in March of 2011. So I applied for the citizenship in January of 2011, got a letter to write the test in Sep 2011. I traveled to Canada for the test but when I got to the interview part, the lady gave me this RQ. I flew back to my country and sent all the paper work to them in June of 2012. Now, my PR card is expiring on Jan of 2013 and Im still abroad. Can I travel to Toronto, send all the documents by post to renew my PR card proving that I have over 800 days, travel back to my country and then come back to Canada to pick it up? What should I do? What does it mean that I have to be phisically present to apply for a PR renewal? Regards and thank you

 

[Leon]

The application must originate in Canada so if you go to Canada to mail your application, that should work. It is possibly that they mail your card to a Canadian address you give them instead of making you pick it up. However, you have to keep in mind that if you continue to stay outside Canada, you will not continue to meet the residency requirements for much longer. If you get an RQ for the PR card, you may have a problem.

 

[Choquita]

Hi Leo, thank you very much for your reply. You know what, I just bought tickets and I am moving back to Canada in October. After that, I will look for a job in Toronto and stay put. Better safe than sorry. I have another question, sorry to bother again. I own a house in Toronto and I was thinking of spending some time in Montreal to practice French. Do you think it can affect my citizenship process? And also, can I apply for the PR card renewal and move out to Montreal or you think it should be better to wait until I receive my new PR Card. Finally, I think that I will send the proof of residency and so on in advance to them, because I have the feeling they will send me a RQ as well because I have lots of stamps on my passport.... Regards, Choquita

 

[Leon]

Moving to Montreal might cause them to move your citizenship file to Montreal and could cause delays. Not sure about the PR card. They try to mail most of them now so it might never end up at your local office. Of course you could move to Montreal without telling them as long as you have someone in Toronto checking your mail in case they try to contact you.

 

[Choquita]

About citizenship denied

Hi Leon, how are you?

I am coming back in October, as said in my previous e-mail. I was wondering though if you have heard of any one who had the citizenship denied. My case is that I applied for the citizenship and was given the RQ. I am sure the reason why they gave me the RQ was because after applying for the citizenship I left Canada to work overseas. So, what would be the the worst case scenario? What if they send me to a citizenship judge? Holy! I am so lost. Please tell me from your experience from this forum. Thank you Leon, Regards.

 

[Leon]

Hi,

if they believe that you do not meet the residency requirements for citizenship, they could deny you, that is true. If they do, you still have your PR and you have to make sure you continue to meet the requirements for your PR. If you stay in Canada for 3 years again, you can apply for citizenship again but this time, better stay and wait for it.

 

[Niagara22]

Hi Leon

We landed in 2010 and Family moved to Canada in 2011 with PR valid till 2015. I continue to work overseas and file Canadian taxes, I only spend about 55 days in a year in Canada. I am now certain that I will not meet 2/5years stay in Canada before my PR expires in 2015, unless i can get a job in Canada. However family will be 3yrs plus in early 2014 and able to qualify for citizenship.

Questions:

1. In 2014 when it will become certain I cannot meet the residency obligations, will that impact the family;s qualification for citizenship.
2. Any formal way to file for PR renewal early in 2014
3. If and When family gets PR renewal or citizenship, how easy is it for them to file for me.
4. Do you foresee any change in Govt Immigration regulations/guidelines that could imapct me

Thanks
N-22

 

[Leon]

1. In 2014 when it will become certain I cannot meet the residency obligations, will that impact the family;s qualification for citizenship.
2. Any formal way to file for PR renewal early in 2014
3. If and When family gets PR renewal or citizenship, how easy is it for them to file for me.
4. Do you foresee any change in Govt Immigration regulations/guidelines that could imapct me

1. No, it will not impact your family at all.

2. You mean for you? If you have not yet spent 1095 days outside Canada since your landing, you still kind of meet the requirements of 730 days in 5 years or lets say that you still could if you moved to Canada right away. However, if you are very close to the 1095 days outside and you haven't done very many of your 730 at all yet, it is most likely that you will get an RQ which means your application will take forever and they will figure out that you are still living overseas and do not meet the requirements any more which means you could lose your PR.

3. If you lose your PR, if your wife is still a PR and living in Canada and meets her requirements or she is a citizen, doesn't matter, she can sponsor you for PR again.

If she gets citizenship and you have never officially lost your PR yet, they could come join you where you are and after 2 years of her living with you, you would meet the residency requirements again because a day outside Canada with your Canadian citizen spouse counts towards your PR requirements and PR requirements are only dealt with at any time for the previous 5 years. Hence, if that happened, you could apply for a PR travel document stating that you spent 2/5 years living with your citizen wife, they would have to give it to you and you could go to Canada and renew your PR card.

Another option, if you make it to Canada just before your PR card expires and they don't report you for not meeting the requirements as you enter, you could let your PR card expire, stay for 2 years so you will meet the requirements again and then apply to renew your PR card.

4. No, I do not foresee any changes. They always surprise me just as much as everybody else.

 

[Choquita]

Thank you Leon. Have a great day

 

[canada aspirant]

Hi, I had lived in Canada on student visa for 10 months in the past (my study visa was issued for total time period for 27 months Multi-entry, 27 months stamp), and during that time-period I finished one semester completely of master's degree, and left next semester in-between and returned to India due to family problems. I did not even told to university and to any Canadian visa authorities. Later on university sent me email to apply for withdrawal from Master degree as I did not wrote / appeared in any exams in second semester and returned to India, and never returned back. I just returned back without informing university and Canadian embassy. I just quit that master's degree in-between.

Now I have few questions, please reply to each questions and share your views and please advise me.
1. Will they bar or ban me for any further entry to Canada in future on any other visa (temporary visa, permanent resident immigration application) ?
2. If someone left Master's degree in-between and return to India / home country without informing anyone, does that mean he or she had broken immigration laws, rules, or study permit rules ? In such condition, If he qualify, and want to apply for immigration in future will they reject permanent residence application on the basis that He or she had not finished Master's degree and returned to their home country / country of origin.
I had not stayed overtime, I just left Canada after 10 months. I did not get any letter from Immigration authorities regarding anything till date. I did not commit any crime, nor broken any law in Canada while during 10 months stay as student visa.
3. During that time, when I applied for student visa application, I mentioned I do not have any relatives in Canada, but now a time no such column is mentioned in student visa application. So, should I show relative this time during Canadian federal fast track immigration this time, as I can get 5 points towards blood-relative.
Please advise and guide me. I am also consulting immigration lawyer, but your suggestions are also value-able guys.
Thanks.

 

[al26]

Renewal of PR card

Hi,
I will be applying for renewal of PR card in June 2014 on completion of 730 days. Because I have to attend a marriage ceremony back home this summer, I would need the PR card urgently. Is urgent processing for PR card renewal being done these days? How long does it take them to issue urgent PR card?