Alternatives to loss of Permanent Residency? (Family application)

[trop]

Hello,

I came to Canada on a Study visa to study a few years ago. During my studies, as planned, my immediate family immigrated to Canada under the federal entrepreneur program and we (myself included) received permanent residency. Unfortunately though, they were unable to stay due to problems in the extended family, and had to move back to Germany.

The situation now is that, due to returning to Germany, they are not fulfilling the requirements to uphold the PR. And from what I understand, this will lead to the PR being terminated for all of us, since my parents were the main applicants if I recall correctly. Is there anything I can do to not lose my PR status? (I.e. 'transfer' out of the family application, or something similar?) While I would not be able to fulfill the conditions for the entrepreneur program, I would fulfill the requirements to uphold a regular PR.

I am currently living in Quebec with my common law partner, and have permanent full type employment. I was also looking into applying for my citizenship, and while I believe that I fulfill the conditions here, I am unsure whether the application could actually be completed before my PR status would be removed.

Thanks you very much for any help in advance,
trop

 

[steaky]

If you lose your PR and your common law partner is Canadian citizen or PR, then your partner can sponsor you to become PR again.

 

[Leon]

If your parents applied under an immigration class where they had to fulfill certain business requirements such as run a business for x years creating x jobs, and they did not fulfill this, that would cause the loss of PR to the whole family. This seems to be the case for the federal entrepreneur program, see http://www.cic.gc.ca/english/immigrate/business/entrepreneurs/arriving-conditions.asp

If they were not under such requirements but are simply failing to meet the residency obligations, that will not affect your PR as long as you do.

You can try applying for citizenship and see what happens. Maybe you'll make it.

Worst case, like steaky says, if you lose your PR, your common law partner can sponsor you or failing that, you can check if there is some immigration class you can apply under yourself.

 

[akanbitope]

Hello,

Please I need help understanding certain things regarding PR Status.

I applied for FSW 2014 with my wife and we received it. We applied while in Nigeria and during the application moved to the states. I completed another masters in the states and got a Phd Assistantship with a University.

My wife on the other hand is a pharmacist and while I was studying was sitting for her conversion exams in Canada, she's done with that now. The plan was to move to Canada this may but the Phd offer changes everything.

My question is can we live in Windsor, ON as the University is in Michigan. It's a two hour drive, what's the implication for me and her if I
1. Drive to Michigan three time a week ( cross the border in ads out)
2. Stay in US three nights a week.

I am asking these questions because I am the main applicant. I don't mind loosing my PR status as long as it doesn't affect her. By the time I am done, she would be close to citizenship anyway and can re-file for me.

 

[Leon]

Hello,

Please I need help understanding certain things regarding PR Status.

I applied for FSW 2014 with my wife and we received it. We applied while in Nigeria and during the application moved to the states. I completed another masters in the states and got a Phd Assistantship with a University.

My wife on the other hand is a pharmacist and while I was studying was sitting for her conversion exams in Canada, she's done with that now. The plan was to move to Canada this may but the Phd offer changes everything.

My question is can we live in Windsor, ON as the University is in Michigan. It's a two hour drive, what's the implication for me and her if I
1. Drive to Michigan three time a week ( cross the border in ads out)
2. Stay in US three nights a week.

I am asking these questions because I am the main applicant. I don't mind loosing my PR status as long as it doesn't affect her. By the time I am done, she would be close to citizenship anyway and can re-file for me.

The residency obligation (RO) for PR is 730 days in a 5 year period so if you stay in the US 3 nights a week and in Canada for 4, you would have 1040 days after 5 years so you would actually meet the RO.

Also if you applied under FSW, your wife's PR is not dependent on yours in any way. Even if you leave Canada for good, she can keep her PR if she stays.

Also, she doesn't need to be a citizen to sponsor you back if you lose your PR. It's enough that she is a PR who meets the RO and lives in Canada.