Almost certainly losing my PR... please help!

[Nutshell]

I'll just give a little background to my situation (tldr at end):

I received my PR in early 2016.

In late 2016, I was offered (and I accepted) a year long contract Spain. I was meant to move straight back to Canada after that year, but ended up going back to the UK to do an MA in order to improve my career opportunities back in Canada. I 100% was planning on going back to Canada after this, but after completing MA, I felt that I wanted to continue researching the topic of my dissertation (which I am very passionate about). I desperately searched in Canada for a possible supervisor, but my topic is so niche that even after contacting a great deal of professors working in the field around the world, no one could suggest a supervisor in Canada.

However, in the meantime, I found the perfect supervisor in the UK, who was as enthusiastic about my project as I am. I applied for government funding (which is extremely hard to get), and was awarded a full studentship.

However, as I need to stay in Canada for 2 out of every 5 years in order to keep my PR status, this means that I will lose my PR.

I know that it's extremely unlikely, but I was just wondering whether there is even a remote chance that I can do something to be able to return to Canada once I have finished my four year PhD. Losing my chance to live in Canada is devastating, but I feel I would be stupid to reject this opportunity to do this PhD. If there is anything I can do to be able to return to Canada afterwards, this would make me unbelievably happy.

tldr: I have Canadian PR, and have currently been out of the country for just over 2.5 years. I have been offered a studentship to study for 4 years in the UK. This will mean I'll be out of Canada for 7 years. As this PhD topic isn't offered in Canada, is there any possible way I will be allowed to return to live in Canada. Do they make any exceptions on the 2 out of 5 years rule?

 

[zardoz]

I'll just give a little background to my situation (tldr at end):

I received my PR in early 2016.

In late 2016, I was offered (and I accepted) a year long contract Spain. I was meant to move straight back to Canada after that year, but ended up going back to the UK to do an MA in order to improve my career opportunities back in Canada. I 100% was planning on going back to Canada after this, but after completing MA, I felt that I wanted to continue researching the topic of my dissertation (which I am very passionate about). I desperately searched in Canada for a possible supervisor, but my topic is so niche that even after contacting a great deal of professors working in the field around the world, no one could suggest a supervisor in Canada.

However, in the meantime, I found the perfect supervisor in the UK, who was as enthusiastic about my project as I am. I applied for government funding (which is extremely hard to get), and was awarded a full studentship.

However, as I need to stay in Canada for 2 out of every 5 years in order to keep my PR status, this means that I will lose my PR.

I know that it's extremely unlikely, but I was just wondering whether there is even a remote chance that I can do something to be able to return to Canada once I have finished my four year PhD. Losing my chance to live in Canada is devastating, but I feel I would be stupid to reject this opportunity to do this PhD. If there is anything I can do to be able to return to Canada afterwards, this would make me unbelievably happy.

tldr: I have Canadian PR, and have currently been out of the country for just over 2.5 years. I have been offered a studentship to study for 4 years in the UK. This will mean I'll be out of Canada for 7 years. As this PhD topic isn't offered in Canada, is there any possible way I will be allowed to return to live in Canada. Do they make any exceptions on the 2 out of 5 years rule?

If you are not in compliance with the Residency Obligation requirements, you can expect to be reported on entry to Canada and the process for revocation to begin.

If your PR card expires, you may have problems actually returning to Canada. You would need either a PRTD (which may trigger revocation) or to travel over the USA/Canada land border.

Education choices are not usually accepted as a valid reason for no-compliance with the Residency Obligation. It's unlikely that it would provide an H&C exemption.

 

[steaky]

Yes, these are the exemption:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

 

[Nutshell]

If you are not in compliance with the Residency Obligation requirements, you can expect to be reported on entry to Canada and the process for revocation to begin.

If your PR card expires, you may have problems actually returning to Canada. You would need either a PRTD (which may trigger revocation) or to travel over the USA/Canada land border.

Education choices are not usually accepted as a valid reason for no-compliance with the Residency Obligation. It's unlikely that it would provide an H&C exemption.

Thank you for your response. That's very disappointing, but not surprising.

So should I contact them now to let them know what is happening? As I know I won't meet the PR requirements, is it better for me to start the revocation process straight away, and from the UK? I definitely want to avoid any problems at border control.

A problem is that as I had fully expected to return, I have things in storage in Vancouver, so at some point I will have to go over to sort through it all. I have a UK passport, so can I not still return on a holiday visa to sort out my things there?

 

[bellaluna]

Thank you for your response. That's very disappointing, but not surprising.

So should I contact them now to let them know what is happening? As I know I won't meet the PR requirements, is it better for me to start the revocation process straight away, and from the UK? I definitely want to avoid any problems at border control.

A problem is that as I had fully expected to return, I have things in storage in Vancouver, so at some point I will have to go over to sort through it all. I have a UK passport, so can I not still return on a holiday visa to sort out my things there?

Even applying for a holiday visa or eTA will require you to renounce your PR status:
http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

After renouncing, you'll have to go through the PR application process again if you wish to get PR status again. Might even be faster than being subjected to RO reviews or going through H&C.

 

[Nutshell]

Even applying for a holiday visa or eTA will require you to renounce your PR status:
http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

After renouncing, you'll have to go through the PR application process again if you wish to get PR status again. Might even be faster than being subjected to RO reviews or going through H&C.

Thank you for your reply - I'll get the process started then.

I doubt I could get PR again, as I got it the first time through working in Canada. I'll be almost 40 by the time I finish my PhD, so much too old to go back and get a working holiday visa. But, who knows, maybe the PhD will open some different doors for me residency wise in Canada! I hope so, because it's the one place I've been that truly feels like home

 

[bellaluna]

Thank you for your reply - I'll get the process started then.

I doubt I could get PR again, as I got it the first time through working in Canada. I'll be almost 40 by the time I finish my PhD, so much too old to go back and get a working holiday visa. But, who knows, maybe the PhD will open some different doors for me residency wise in Canada! I hope so, because it's the one place I've been that truly feels like home

Aww. Good luck then. Also look into PNPs that can have incentives for either your PhD or your field...that's one way a lot of people get past Express Entry's ageism.

 

[canuck_in_uk]

Thank you for your reply - I'll get the process started then.

I doubt I could get PR again, as I got it the first time through working in Canada. I'll be almost 40 by the time I finish my PhD, so much too old to go back and get a working holiday visa. But, who knows, maybe the PhD will open some different doors for me residency wise in Canada! I hope so, because it's the one place I've been that truly feels like home

I would not bother starting the revocation process until and unless you actually need to. Many people who fail to meet the RO are able to enter at the Canada-US land border with an expired PR card without being reported.

 

[evdm]

I would not bother starting the revocation process until and unless you actually need to. Many people who fail to meet the RO are able to enter at the Canada-US land border with an expired PR card without being reported.

Though keep in mind if doing this that one has to remain in Canada until they are in compliance with the RO without any interaction with IRCC/CBSA or still risk a report of the violation of the RO. Specifically, this precludes someone from travelling outside of Canada - which can be challenging in certain careers - or applying for renewal of a PR Card.

I stand to be corrected, but without a valid PR card it is difficult to get services in BC (where the OP has indicated they have possessions and would potentially return to).

 

[canuck_in_uk]

Though keep in mind if doing this that one has to remain in Canada until they are in compliance with the RO without any interaction with IRCC/CBSA or still risk a report of the violation of the RO. Specifically, this precludes someone from travelling outside of Canada - which can be challenging in certain careers - or applying for renewal of a PR Card.

True but that would be a bridge to cross later.

I stand to be corrected, but without a valid PR card it is difficult to get services in BC (where the OP has indicated they have possessions and would potentially return to).

Which services are you referring to? The annoying one in BC is that you only get a temporary paper license without a valid PR card but I am not aware of any other issues.

 

[evdm]

True but that would be a bridge to cross later.



Which services are you referring to? The annoying one in BC is that you only get a temporary paper license without a valid PR card but I am not aware of any other issues.

I seem to recall it being mentioned on these forums that you need a valid PR Card after the first year of being a PR to obtain a health card and that BC is strict about this, but I could be wrong.

 

[steaky]

I seem to recall it being mentioned on these forums that you need a valid PR Card after the first year of being a PR to obtain a health card and that BC is strict about this, but I could be wrong.

True, one need to show their PR card to the ICBC locations in order to complete the process to get their health card.

 

[canuck_in_uk]

I seem to recall it being mentioned on these forums that you need a valid PR Card after the first year of being a PR to obtain a health card and that BC is strict about this, but I could be wrong.

You can get BC MSP coverage without a PR card. You just wouldn't get the photo card, like you wouldn't get the photo DL.