Applying for PR when already a resident as thought it had expired...

[Dandandandan]

Hi,

I've found myself in a bit of an unexpected position and was wondering if anyone on here can offer any advice...

My parents moved my family over to Canada in 2008 just after I'd completed my second year at university. As I had 2 years left for my course I then went back to the UK with the plan to move over once my studies were completed. I then, through changing my course, ended up doing an extra year at Uni and subsequently ended up moving to London instead as I got a pretty good job offer there (not working for a Canadian company).

Recently my girlfriend got offered a position in Canada and as my family are (all except my sister) Canadian citizens she took the job and I looked into what I could do to move over. As I knew that I had not fulfilled the RO and there was no way round that fact, I assumed my PR status was revoked as I didn't realise there was a formal procedure to do this (something I now realise is a massive oversight). I then submitted a new application for PR status under the FSW class.

My girlfriend starts her job next week so my plan was to come over with her for just under six months (which I believe is allowed with a British passport), apply for the one years work and travel visa when those apps open and live and work in Canada under that permit until the new PR status comes through.

However, when I got to immigration in Canada, I was told as I'd never formally surrendered my residency status I was therefore still a resident on the system. They told me this was actually quite a common misunderstanding and that I should look into it, then let me into the country.

This means I am now in the country as a resident(?) but obviously my PR card has now expired. My understanding is if I stay here for the 730 days I could renew my PR card(?) but my main questions are, what happens when Immigration Canada go to process an application for PR for someone who already has PR status? And, am I able to get a job if I have an expired PR card? As it is not really feasible (or sensible) to stay here for 2 years and not work.

Effectively what I'm asking is, would it be better to remain here for 2 years to renew the PR card (if that is an option) or to revoke the current PR status and carry on with the original (and somewhat risky) plan.

I realise this is probably a bit of an unusual case but if anyone with a better understanding of the system is able to offer any advice it would be greatly appreciated!

Thanks,
Dan

 

[Leon]

It would be better for you to not renew the PR card for two years if you want to keep your old PR status. Living in Canada without a PR card can cause you some problems because potential employers may ask to see it, you may have problems getting a drivers license etc.

If you wish to have it revoked, your girlfriend can sponsor you for PR again if you have lived together for a year or more or if you get married. It will however cost time and money.

 

[MarioYYZ]

The fact that an immigration officer at a POE asks you "to look into it" is what puzzles me most about this system. I am assuming that you did not present your expired PR card…so did you enter as a British visitor ?

 

[david1697]

OP, I think your case is rare but if you search long enough you will find similar cases and , perhaps, even a page on CIC website which specify what happens to Canadian PR who applies for PR while Canadian PR.


While I don't know about your case, just off the top of my head I am guessing that if your PR application is 'touched' in less than 730 days from your last entry to Canada and it is determined by CIC that you have a PR (but failed RO), then your existing PR status could be revoked.
How would it affect the PR application currently in processing? I don't know. May be it would, may be it wouldn't.
If they don't 'touch' your PR for 730 days or more since your last entry, and if at the time of entry CBSA decided to waive your RO and let you in as PR , then chances are your pending PR application would be denied on the grounds that you are already a PR with valid status and you must be something other than PR with valid status in order to become a PR.
Above is my pure guess, based on application of logic and my general understanding of the operation of law.
I do not know about statutory regulations applicable in the specific case circumstances as yours.

If I personally had applied for FSW before visiting Canada and if CBSA wanted to just waive my RO and let me in as PR, I would have brought this up at the border and renounce my PR right there and then, instead of creating a complex legal case you are in right now. At very least I would have consulted a seasoned Canadian Immigration attorney before doing anything.

Good luck.

 

[Rob_TO]

And, am I able to get a job if I have an expired PR card? As it is not really feasible (or sensible) to stay here for 2 years and not work.

You need a SIN to get a job. Did you by chance register for a SIN when you first landed as a PR back in 2008? If so, then that SIN should still be valid so just need the # and you can work wherever you want.

If you never got a SIN, then you would need to get one before working. If you still have copy of your COPR you should be able to get a SIN with that. If no COPR, then with your expired PR card I'm not sure if Service Canada will even be able to issue you a SIN. Will need to call them and ask. But end of the day if you don't have a SIN, you can't work.

Effectively what I'm asking is, would it be better to remain here for 2 years to renew the PR card (if that is an option) or to revoke the current PR status and carry on with the original (and somewhat risky) plan.

There are pros and cons to each.
Renew current card: Pro is that it's guaranteed, after 2 years in Canada you will be able to renew your card. Plus assuming you have or can get a SIN, you can work right away.
Con is that you basically need to spend the next 2 years in Canada and not leave for any reason whatsoever. Every time you left, upon re-entry you would run the risk of being reported for not meeting RO and having your PR revoked, making you start everything from scratch again.

If you decide to stay and wait out the 2 years here, you should probably cancel your submitted FSW app.

Renounce PR: Pro is that if you renounce PR and apply under FSW, the whole process will probably take less than 2 years. Plus you can come and go from Canada as you like with your visa-exempt passport during the process.
Con is that you wouldn't be able to work in Canada while the FSW app is processing, unless you go through the difficult LMIA process with an employer, or get an IEC working holiday visa. Also not sure how strong your FSW app is, or if there's a chance it would be rejected.

And as Leon mentioned if you've lived with your gf for 12 months you can apply as common-law under family class PR. Could always have this as a back-up plan in case FSW doesn't work out.

The fact that an immigration officer at a POE asks you "to look into it" is what puzzles me most about this system. I am assuming that you did not present your expired PR card...so did you enter as a British visitor ?

One can't enter as a visitor if they are a PR. You don't actually need any PR card, as CBSA can easily determine your PR status by your passport and having record in their computer system.

 

[david1697]

One can't enter as a visitor if they are a PR. You don't actually need any PR card, as CBSA can easily determine your PR status by your passport and having record in their computer system.

Rob,

Someone holding valid Canadian PR can indeed enter Canada as a visitor (with definition of word "visitor" varying, but still), under the following circumstances:

1. There are cases when Canadian PR's visit Canada for a short trip (they are actually residing in another country). In such cases, they retain their PR status under relevant statutes, but are treated as "visitors" for Customs purposes.

2. There are cases when PR's renounce their PR status at the border and enter Canada as Visitors.

What one can't do is hold Canadian Visitor (as in #2 option) and Canadian PR status at the same time.

We don't know what the status of OP is. It's not clear if CBSA waived his RO and let him in as fully compliant Canadian PR, or sent a referral to CIC (for CIC to decide whether to investigate the OP for failure of RO) , reported OP as failed to maintain RO and allowed him to enter and appeal or revoked his PR, by having OP sign some sort of a voluntary renunciation, and admitted him as a Visitor (I guess OP should know for sure, but what if they are confused and don't?).

Even if Canadian CBSA waived his RO and let him in, what will happen to his current PR status when CIC looks into his FSW application and finds out that he didn't meet his RO? Wouldn't his FSW application provide full residence information , relying upon which CIC could determine that he lived outside of Canada and failed to meet his RO? What if CIC takes a look at his FSW application and finds out about his failure to meet RO before his petition to withdraw FSW is processed?
Even if petition to withdraw is received before his failure to meet RO is formally discovered, can't CIC (if it so chooses) still take action against him based on residency information provided in his currently pending FSW application?

 

[Rob_TO]

What one can't do is hold Canadian Visitor (as in #2 option) and Canadian PR status at the same time.

Right, which is my point as it applies to the OP (at least how I read his situation).

Even if Canadian CBSA waived his RO and let him in, what will happen to his current PR status when CIC looks into his FSW application and finds out that he didn't meet his RO?

As I said, if he decides to stay in Canada 2 years to renew his PR, he should then immediately cancel/withdraw his FSW app. Once withdrawn, no visa officer will ever look into it further.

And the fact OP has not yet received any feedback from FSW visa officer regarding his current PR status, means most likely they haven't started processing it yet. A request to withdraw the app can be done by CIC within days, meaning they will most likely not proceed with anything. Just an educated guess of course.

To add, even if FSW app is processed in the meantime, I don't think any visa officer will get past the first page. Once they enter in his bio info and see his is already a PR, he will be found ineligible for FSW so there would be no point to waste time going through the application (and residence history) any further. Of course a visa office could review it and report him if they felt like it, but I doubt they would.

 

[david1697]

Right, which is my point as it applies to the OP (at least how I read his situation).


As I said, if he decides to stay in Canada 2 years to renew his PR, he should then immediately cancel/withdraw his FSW app. Once withdrawn, no visa officer will ever look into it further.

And the fact OP has not yet received any feedback from FSW visa officer regarding his current PR status, means most likely they haven't started processing it yet. A request to withdraw the app can be done by CIC within days, meaning they will most likely not proceed with anything. Just an educated guess of course.

To add, even if FSW app is processed in the meantime, I don't think any visa officer will get past the first page. Once they enter in his bio info and see his is already a PR, he will be found ineligible for FSW so there would be no point to waste time going through the application (and residence history) any further. Of course a visa office could review it and report him if they felt like it, but I doubt they would.

But , according to your logic, wouldn't Canadian CIC first have to determine that applicant for FSW is indeed current Canadian PR , before they could deny pending FSW on the grounds of applicant already holding a PR status?
And wouldn't the very act of determining the applicant's current PR status require the CIC officer to look into dates of Residency (which is part of FSW application)? How could they determine that OP is indeed holding valid PR status if they don't examine his status against ENF 23?

http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

Regarding your assumption that mere withdrawal of FSW application would prevent CIC (or make it very unlikely for CIC) to look into residency data OP provided in his FSW application, do you have any reference , article, guideline or evidence of the same?

 

[Rob_TO]

But , according to your logic, wouldn't Canadian CIC first have to determine that applicant for FSW is indeed current Canadian PR , before they could deny pending FSW on the grounds of applicant already holding a PR status?

They can tell he's a current PR simply by his basic bio info. Same way a CBSA officer at any POE can quickly and easily determine your PR status.

That would most likely be enough to stop the FSW application. Whether he is a PR who does or doesn't meet RO, in either case he's not eligible to apply for FSW so any further investigation into the application would really not be required by the visa officer. Of course a VO could continue to investigate if they want and that is 1 risk still, but I don't think they would waste time doing this on an ineligible application.

And wouldn't the very act of determining the applicant's current PR status require the CIC officer to look into dates of Residency (which is part of FSW application)? How could they determine that OP is indeed holding valid PR status if they don't examine his status against ENF 23?

Again his RO status is irrelevant to a FSW app since in either case he's still ineligible to apply for FSW.

Regarding your assumption that mere withdrawal of FSW application would prevent CIC (or make it very unlikely for CIC) to look into residency data OP provided in his FSW application, do you have any reference , article, guideline or evidence of the same?

I don't understand your question, there are no guidelines on what doesn't happen. Better question to ask if there are any references/evidence etc of people withdrawing/cancelling an app, and still seeing it being processed or analyzed afterwards. I have certainly not seen any.

If you withdraw an application, the application is terminated and CIC won't waste time having a VO review it.

Perhaps the app may stay on file, and could be used in the future to cross-reference against any future apps or investigations. But if the OP wasn't reported by CBSA upon entry, cancels his FSW app immediately, and stays under the radar for 2 years in Canada and doesn't try to leave/re-enter during that time, there is no reason his RO issue should come up again.


Anyways this is all a moot point, as IMO it's better if he renounces his PR status and continues on with his FSW app already in progress. I think the pros here outweigh the cons.

 

[david1697]

They can tell he's a current PR simply by his basic bio info. Same way a CBSA officer at any POE can quickly and easily determine your PR status.

That would most likely be enough to stop the FSW application. Whether he is a PR who does or doesn't meet RO, in either case he's not eligible to apply for FSW so any further investigation into the application would really not be required by the visa officer. Of course a VO could continue to investigate if they want and that is 1 risk still, but I don't think they would waste time doing this on an ineligible application.

Again his RO status is irrelevant to a FSW app since in either case he's still ineligible to apply for FSW.


I don't understand your question, there are no guidelines on what doesn't happen. Better question to ask if there are any references/evidence etc of people withdrawing/cancelling an app, and still seeing it being processed or analyzed afterwards. I have certainly not seen any.

If you withdraw an application, the application is terminated and CIC won't waste time having a VO review it.

Perhaps the app may stay on file, and could be used in the future to cross-reference against any future apps or investigations. But if the OP wasn't reported by CBSA upon entry, cancels his FSW app immediately, and stays under the radar for 2 years in Canada and doesn't try to leave/re-enter during that time, there is no reason his RO issue should come up again.


Anyways this is all a moot point, as IMO it's better if he renounces his PR status and continues on with his FSW app already in progress. I think the pros here outweigh the cons.

You contradict yourself. If you believe there are no chances or extremely low chances CIC will investigate his RO based on pending FSW application, then why you think OP should sacrifice his existing PR status (which he can solidify by staying the next 2 years in Canada and never again breaching RO) in exchange for mere possibility that his pending FSW could one day be approved (that is if he is not rejected and able to get positive assessment and etc.)?

Regarding the rest of your post, the case OP presents is rare enough for general public not to have heard, and not know about ramifications of having pending FSW while admitted to Canada as a PR after failing to meet RO. I personally haven't heard of anyone in his circumstances before.
But is it in any way an indication that OP will retain his PR and that CIC will not look into his maintenance of his current PR status in the context of reviewing his FSW application? Why wouldn't they? (BTW, the application initially goes to Halifax, Nova Scotia not to VO, or have the CIC changed process once again?).

I think the very fact that someone with PR status filed an FSW application could alert CIC officer and make any reasonable officer wonder why would applicant do such a thing?
After all, who would pay over $1000 in processing fees to qualify for PR and then request it to be withdrawn when one already has a PR status in Canada?

 

[Rob_TO]

You contradict yourself. If you believe there are no chances or extremely low chances CIC will investigate his RO based on pending FSW application, then why you think OP should sacrifice his existing PR status (which he can solidify by staying the next 2 years in Canada and never again breaching RO) in exchange for mere possibility that his pending FSW could one day be approved (that is if he is not rejected and able to get positive assessment and etc.)?

As I explained above there are pros and cons to each way, and one of those cons was that waiting to renew his PR status will tie him to Canada, unable to leave for the next 2 straight years for any reason whatsoever.

If he instead opts to renounce his PR and continue with the FSW app, he can come and go from Canada as he pleases. It really depends being able to travel is important to him or not, I know for many it's incredibly important. Plus if FSW is already in process, it should be done in less than 2 years time so quicker then waiting to renew PR.

Also I noted that I didn't know if he felt his FSW app was a strong one or not, or what chance of success was. This is another variable that only OP knows.

But is it in any way an indication that OP will retain his PR and that CIC will not look into his maintenance of his current PR status in the context of reviewing his FSW application? Why wouldn't they? (BTW, the application initially goes to Halifax, Nova Scotia not to VO, or have the CIC changed process once again?).

By "VO" i mean Visa Officer, or simply the person that will be reviewing his FSW app.

As to why wouldn't they, you could also ask, why would they? Is there any guideline/rule in the manuals that states a VO reviewing a FSW app, if it's discovered the applicant is already a PR, must then do a further check into their RO? I highly doubt it (but if there is please share), so any opinion on the matter after that is pure speculation or personal opinion.

I think the very fact that someone with PR status filed an FSW application could alert CIC officer and make any reasonable officer wonder why would applicant do such a thing?

It might, or the VO really might not care and simply dismiss the app as ineligible, inform the applicant, and move on to the next one. It's all a complete guess what would happen, and as I said if the app is withdrawn most likely a VO will not even review it at all if they haven't already done so. But at the same time it is a risk... giving more sense to simply renouncing PR so it doesn't become an issue.

 

[david1697]

As I explained above there are pros and cons to each way, and one of those cons was that waiting to renew his PR status will tie him to Canada, unable to leave for the next 2 straight years for any reason whatsoever.

If he instead opts to renounce his PR and continue with the FSW app, he can come and go from Canada as he pleases. It really depends being able to travel is important to him or not, I know for many it's incredibly important. Plus if FSW is already in process, it should be done in less than 2 years time so quicker then waiting to renew PR.

Also I noted that I didn't know if he felt his FSW app was a strong one or not, or what chance of success was. This is another variable that only OP knows.


By "VO" i mean Visa Officer, or simply the person that will be reviewing his FSW app.

As to why wouldn't they, you could also ask, why would they? Is there any guideline/rule in the manuals that states a VO reviewing a FSW app, if it's discovered the applicant is already a PR, must then do a further check into their RO? I highly doubt it (but if there is please share), so any opinion on the matter after that is pure speculation or personal opinion.

It might, or the VO really might not care and simply dismiss the app as ineligible, inform the applicant, and move on to the next one. It's all a complete guess what would happen, and as I said if the app is withdrawn most likely a VO will not even review it at all if they haven't already done so. But at the same time it is a risk... giving more sense to simply renouncing PR so it doesn't become an issue.

Each case and each individual of course is different, but given a choice to stay in Canada for 2 years and maintain PR versus leave Canada , renounce PR and apply for FSW or wait for pending FSW to be approved (which no one can guarantee would be approved), do you really think latter option has a greater advantage?

As to "why would they?", I think because applicant literally asks for it by submitting an application , particularly one like FSW (which is inviting very very thorough scrutiny). In fact you pay (with no option of a refund) a rather large fee to have CIC officers carefully look into your entire folder.

If he is able to withdraw application before they begin assessments and review, he might get lucky and they may archive his application without further action, as you suggest (but it's just a guess, as you admit). However, if his withdrawal reaches CIC by the time they started processing and discovered his status, then his withdrawal could only add to CIC wondering why someone took such an unreasonable action (as to apply for FSW while Canadian PR). If anything, this would only ensure that the CIC officer would take further steps to comprehend the reasons behind such seemingly irrational action.

OP should at this point consult a seasoned immigration attorney in Canada.

 

[Rob_TO]

Each case and each individual of course is different, but given a choice to stay in Canada for 2 years and maintain PR versus leave Canada , renounce PR and apply for FSW or wait for pending FSW to be approved (which no one can guarantee would be approved), do you really think latter option has a greater advantage?

Personally, if it was my situation and I thought I had a good case for FSW, I would choose that option in a heartbeat. Being unable to leave Canada for 2 straight years would be the key factor here as I could not accept that. But of course everyone has their own views on what is and isn't important to them, so need to weigh the pros and cons of each decision accordingly and choose what's best for them.

In fact you pay (with no option of a refund) a rather large fee to have CIC officers carefully look into your entire folder.

I know for a fact in the family class, even if you've already submitted an application, if you withdraw/cancel it before a visa officer actually begins to work on the file then you get a full refund of your processing fees. Not sure if something like this also applies to FSW though.

And as a Canadian tax payer, I really don't want my tax dollars (since the fee alone an applicant pays does not cover all the labour and overhead costs associated with a single PR application, and CIC is subsidized by the government) going to government employees to work on cancelled or ineligible applications. Not to mention putting unnecessary effort into an application that is already deemed ineligible instead of moving on to the next one, will just slow down the entire FSW process for everyone.

But that is just my common sense, something that CIC has shown many times they don't have. I wouldn't be surprised either way what they actually end up doing.

However, if his withdrawal reaches CIC by the time they started processing and discovered his status, then his withdrawal could only add to CIC wondering why someone took such an unreasonable action (as to apply for FSW while Canadian PR). If anything, this would only ensure that the CIC officer would take further steps to comprehend the reasons behind such seemingly irrational action.

By the same logic you should also question why CBSA, who is Canada's front-line defense against catching PRs not meeting RO, decide to let an incredible number of PRs clearly not meeting the RO back into Canada without reporting them (including the OP here since he didn't mention anything about being reported). In this forum you can find hundreds upon hundreds of cases of PRs being let back in, where the CBSA officer simply didn't care enough to report them. My general view of the whole thing is that CIC/CBSA is not as emphatic about catching people in violation of RO as much as you think they are.

 

[david1697]

Personally, if it was my situation and I thought I had a good case for FSW, I would choose that option in a heartbeat. Being unable to leave Canada for 2 straight years would be the key factor here as I could not accept that. But of course everyone has their own views on what is and isn't important to them, so need to weigh the pros and cons of each decision accordingly and choose what's best for them.

I know for a fact in the family class, even if you've already submitted an application, if you withdraw/cancel it before a visa officer actually begins to work on the file then you get a full refund of your processing fees. Not sure if something like this also applies to FSW though.

And as a Canadian tax payer, I really don't want my tax dollars (since the fee alone an applicant pays does not cover all the labour and overhead costs associated with a single PR application, and CIC is subsidized by the government) going to government employees to work on cancelled or ineligible applications. Not to mention putting unnecessary effort into an application that is already deemed ineligible instead of moving on to the next one, will just slow down the entire FSW process for everyone.

But that is just my common sense, something that CIC has shown many times they don't have. I wouldn't be surprised either way what they actually end up doing.

By the same logic you should also question why CBSA, who is Canada's front-line defense against catching PRs not meeting RO, decide to let an incredible number of PRs clearly not meeting the RO back into Canada without reporting them (including the OP here since he didn't mention anything about being reported). In this forum you can find hundreds upon hundreds of cases of PRs being let back in, where the CBSA officer simply didn't care enough to report them. My general view of the whole thing is that CIC/CBSA is not as emphatic about catching people in violation of RO as much as you think they are.

1. Regarding RO and CBSA allowing immigrants who are in breach of RO:

There is a concept in Law Enforcement, it's called "Prosecutorial Discretion."
It is a power of Law Enforcing official to prosecute or not prosecute violation of the law.
Government of Canada vested on CBSA officers a power to enforce the RO or let immigrants go, upon their discretion.
I haven't seen "hundreds upon hundreds" of cases where people who failed RO were let go, but I have no doubt such cases exist, and do so under the laws of Canada.

2. Here we have a case of Canadian PR who claims to have sent FSW application to CIC assuming his PR had expired, and who then traveled to Canada as Visa Exempt visitor, but admitted as PR (or so it's assumed) and now is questioning what he should do.

The short answer to question is: I don't know. And I am sure, neither do you know what will happen to OP, to his FSW app and his current PR status if he takes one or another action.


Therefore, what we are debating are hypothetical possibilities (yes, in effect we both speculate, since we don't know anything about the case law of OP , nor heard of similar cases).

Now, within our speculative discussion one particular imaginary scenario arose , whereby we ask: what could possibly happen to OP ,who is , presumably, in Canada as freshly admitted PR after failing his RO , when his pending FSW application hits the desk of reviewing CIC officer?

It's my assumption , and I believe its reasonable, that part of processing FSW application is to check the past and current immigration statuses of the applicant, any applicant. Among other things it's done to find out if someone was deported in past, violated any Canadian immigration laws or , as in case of OP, currently holds the status which precludes possibility of granting PR status (OP has PR status, and thus can not be granted PR status, since he already holds it). The very act of checking the eligibility of OP for FSW would thus cause the discovery of his current status, and with it bring to light and scrutiny the validity of the status he currently has. With FSW application providing all the information to check the OP against ENF 23, I see no reason why it wouldn't be done by any CIC officer discharging his duties.

You , on the other hand, suggest that CIC would just find out that OP is PR and immediately cease processing of the application , without further inquiries into the validity of the OP's PR status, much less into reasons why would someone waste over $1000 to file FSW application while being a lawful PR of Canada. This is your opinion, of course, just as above is mine, and you are entitled to it.

However, knowing that many people get caught and charged with immigration laws violation in the course of CIC adjudicating their petition for an immigration benefit, and also knowing that CIC is not only benefit granting body but also an entity in charge of ensuring compliance with Canadian Immigration Laws (which includes enforcement of the Canadian Immigration Laws), I find your opinion to be unreasonable.
And I highly doubt that betting on prosecutorial discretion is a reasonable thing to do.

Either way, we are not helping OP because neither of us knows the answer to the question he asks ("would it be better to remain here for 2 years to renew the PR card (if that is an option) or to revoke the current PR status and carry on with the original (and somewhat risky) plan."), since we don't know anything about admittedly very rare circumstance OP finds himself in, or specific laws and regulations, or case law, applicable in his case.

 

[Rob_TO]

1. Regarding RO and CBSA allowing immigrants who are in breach of RO:

There is a concept in Law Enforcement, it's called "Prosecutorial Discretion."
It is a power of Law Enforcing official to prosecute or not prosecute violation of the law.
Government of Canada vested on CBSA officers a power to enforce the RO or let immigrants go, upon their discretion.
I haven't seen "hundreds upon hundreds" of cases where people who failed RO were let go, but I have no doubt such cases exist, and do so under the laws of Canada.

If you take the time to read all the historical posts of people from this site, and some other immigration sites, you'll quickly add up to hundreds of people that have been admitted without being reported even though in violation of RO.

My point remains, whether at the discretion of CBSA or a CIC VO, there is no mandatory rule that says someone must be investigated even if it's determined they don't meet RO, and it seems Canada does not put a lot of emphasis on revoking PRs those that don't meet RO.

It's my assumption , and I believe its reasonable, that part of processing FSW application is to check the past and current immigration statuses of the applicant, any applicant. Among other things it's done to find out if someone was deported in past, violated any Canadian immigration laws or , as in case of OP, currently holds the status which precludes possibility of granting PR status (OP has PR status, and thus can not be granted PR status, since he already holds it). The very act of checking the eligibility of OP for FSW would thus cause the discovery of his current status, and with it bring to light and scrutiny the validity of the status he currently has. With FSW application providing all the information to check the OP against ENF 23, I see no reason why it wouldn't be done by any CIC officer discharging his duties.

Because once a VO sees he is a PR and declares him ineligible for FSW, there is no required duty of that VO to then continue investigation of the applicant to check their RO. That would be done purely at the whim of the VO, if they cared to do it. And while some VOs may like to play Sherlock Holmes and get to the bottom of this, others will simply not care why applicants do what they do, they will only be interested in moving on to the next FSW application in their pile. Like many CBSA officers, many VOs also simply won't care.

However, knowing that many people get caught and charged with immigration laws violation in the course of CIC adjudicating their petition for an immigration benefit, and also knowing that CIC is not only benefit granting body but also an entity in charge of ensuring compliance with Canadian Immigration Laws (which includes enforcement of the Canadian Immigration Laws), I find your opinion to be unreasonable.

Not unreasonable at all, as we have also seen many cases when applicants get their PR through any of the streams, but then when they try to sponsor a family member themselves for PR there is a material fact discovered in their original PR application that wasn't true (such as declaring all family members) and even though there was clear misrepresentation CIC makes no effort to revoke the original PR.

What's unreasonable is pretending to have any real insight into what a VO would do, seeing as there are lots of examples around of them doing both ways.

Either way, we are not helping OP because neither of us knows the answer to the question he asks ("would it be better to remain here for 2 years to renew the PR card (if that is an option) or to revoke the current PR status and carry on with the original (and somewhat risky) plan."), since we don't know anything about admittedly very rare circumstance OP finds himself in, or specific laws and regulations, or case law, applicable in his case.

On the contrary, there are safe and riskier aspects to either decision, so seeing the potential things that could happen (even if speculative) could help OP decide which decision would carry less risk or be better in their situation.