Apply for Temp work permit and does not met PR obligation

[meghashyams]

Hi Members,

I got my PR in 2009 and is valid till 2014 . I have n't met my 730 day PR obligation and I still have 7 months left in PR . In 2012 when I am crossing US border, the Canadian officer questioned me that my intention to enter Canada is to Visit and not for work and he had documented that in system . my plan is to stay in Canada when I went back in 2012 , however due to my wife's health problems I have to return back to US for her diagnosis. My wife is not having any PR and My child is an US citizen . So please share your thoughts Sad

1)Is it possible for me to enter Canada and begin working.
2) Is it possible to renew my PR based on humanitarian grounds.
3)IF not able to renew , can I apply for temp work permit and continue to work till I meet the PR obligation .
4)I am in IT,and I how difficult in getting a temp work permit inside Canada.

 

[zardoz]

If you are a PR, you are not entitled to any form of visa or work permit, because you don't need them.
If you are a PR, you have the right to enter Canada and the right to work., until your PR status is revoked formally.

I have no idea what the conversation that you had at the border was all about because you should never have been restricted to "just visiting". Did you tell them that you are a PR? You don't seem to understand your own immigration status...

 

[meghashyams]

So my question is before they get revoked , If I can apply for work permit and that does cause any problem. If work permit is not required on what status does my dependents will be while we are in canada.

 

[meghashyams]

Did you tell them that you are a PR? You don't seem to understand your own immigration status...(yes I told officer that I am planning to stay for good and he made citation saying next time if I enter again then the port of entry officer has the right to send me back Also could you please clarify the below as well.


2) Is it possible to renew my PR based on humanitarian grounds.
3)IF not able to renew , can I apply for temp work permit and continue to work till I meet the PR obligation .
4)I am in IT,and I how difficult in getting a temp work permit inside Canada

.

 

[zardoz]

he made citation saying next time if I enter again then the port of entry officer has the right to send me back

This is completely incorrect. A CBSA officer does not have the right to refuse entry to Canada to a PR under the circumstances that you describe. The procedure is clearly defined in the Operational Manuals at http://www.cic.gc.ca/english/resources/manuals/
See http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf Section 11.

11. Examining permanent residents at ports of entry

A2(1) defines a permanent resident as a person who:

• has acquired permanent resident status; and
• has not subsequently lost that status under section A46.

11.1. Rights of permanent residents

A27(1) provides that a permanent resident has the right to enter and remain in Canada subject to
the provisions of the Act.
A19(2) requires an officer to allow a permanent resident to enter Canada if satisfied following an
examination on their entry that they have that status.
Permanent residents who are under enforcement proceedings keep their permanent resident
status and retain the right to enter Canada until a final determination of their loss of status has
been made.

They CAN report you for not meeting the RO (residency obligations) but they cannot refuse you entry. Nor can they confiscate your PR card.

Now for some answers.

2) Only if you have very good H&C reasons for not meeting the RO. Given that you had between 2009 and 2012 to meet them, you have an uphill battle ahead.
3) No. You cannot get a work permit if you are still a PR.
4) See 3). This is not applicable.

 

[zardoz]

So my question is before they get revoked , If I can apply for work permit and that does cause any problem. If work permit is not required on what status does my dependents will be while we are in canada.

Your dependants will only have "visitor" status. They will have to show that they will return to the USA at the end of their "visit". They have NO other Canadian immigration status just because YOU are a PR.

 

[meghashyams]

So , I read through lot of discussions saying that PR resident can stay with out renewing PR status and can file PR when he /she met 2 year PR obligation. Is that legal to stay with PR date got expired.


Thanks in advance.

 

[zardoz]

You are still confused. Let me try this another way.

PR card does NOT equal PR status.

You DON'T have to possess a valid PR card to live in Canada. You only NEED it to travel to Canada.

(is there anyone here who can render this fact in the native language of the OP?)