Canada residency obligations

[Aradh]

I had recd PR in Sept 2010 along with my wife & a kid. We all went there, stayed for a month & came back to home country. After 3 years we went back but again come back after a month. My PR card will expire Sept 2015. Since PR is going to expire, but now I want to retain it & planned to stay in Can permanently. Should I resign from current Job & went to Can along with my family. Would we be able to enter or live in Can without any problem. I read that in Australia anybody can enter on the last day of their PR visa without any problem & stay there for minimum next two years for further extension or indefinitely if not planned to travel overseas.
Are there same rules for CAN. This is very critical decision at the moment for me. I am requesting everybody pl guide me as I want to do it now as I am unable to forgive me since the day i came back from Can.

Pl guide me with your valuable suggestions.

 

[Aradh]

I had recd PR in Sept 2010 along with my wife & a kid. We all went there, stayed for a month & came back to home country. After 3 years we went back but again come back after a month. My PR card will expire in Sept 2015.But now I want to retain it & planned to stay in Can permanently. Should I resign from current Job & went to Can along with my family. Would we be able to enter or live in Can without any problem. I read that in Australia anybody can enter on the last day of their PR visa without any problem & stay there for minimum next two years for further extension or indefinitely if not planned to travel overseas.
Are there same rules for CAN. This is very critical decision at the moment for me. I am requesting everybody pl guide me as I want to do it now.

Pl guide me with your valuable suggestions.

 

[dpenabill]

Tough call. Odds are probably not good.

You are in breach of the PR Residency Obligation, since you have been outside Canada for more than 1095 days since the date you landed and became a PR (thus you cannot possibly meet the requirement to be present in Canada for at least 730 days by the fifth year anniversary of the day you landed).

There are some indications POE officers can be fairly lenient toward PRs who still have a valid PR card, still within the first five years since they landed, and who are definitely settling in Canada. It is possible you will be allowed to enter Canada without a problem. Then all you would have to do is stay for two years without leaving.

But technically you are in breach, thus inadmissible, and a POE officer who recognizes this can (probably should according to CBSA and CIC policy) make a 44(1) report, which would be followed by the issuance of a Removal Order. You would still be allowed to enter Canada. You will have at least 30 days to make an appeal. You can stay in Canada while the appeal is pending. But if you lose the appeal, you lost PR status.

If you decide to try to come to Canada, be sure to put together your best explanation for why it took you so long. The POE officers must consider any offered reasons for excusing the failure to return to Canada sooner.

 

[wayneli]

Most likely, I say most likely you can enter Canada without a problem but once you are in you have to stay for 2 years so you can renew your PR card. This means you can't travel out of Canada for a period of time as you will be holding an expired PR card and can't renew it till you meet the 2 years obligation.

You may be questioned going through immigration and just honestly tell them that due to work and family situations you have to be wherever you are now. And now you are ready to move to Canada and look for jobs and stay permanent. If you are entering through Vancouver, Toronto there are card scanning machines (without need to be in line talking to customs) and your chance of being questions are lower..

To be even safer, you can fly to USA and cross the border through land and your chance of being questioned are lower.

Again, nothing is guaranteed but you are fairly safe to be able to get in Canada. You do need prove that you are now moving to Canada permanently.

 

[keesio]

If you are entering through Vancouver, Toronto there are card scanning machines (without need to be in line talking to customs) and your chance of being questions are lower..

I have heard mixed things about the kiosks. They are quick to send someone to secondary inspection if certain criteria are (not) met. I have no idea what information the kiosks can access or what criteria there is. Being a machine, the decision is pretty binary. It is not like running into a friendly border official who lets you in without much trouble.

 

[Aradh]

Dear All

Thank you very much for your valuable inputs, I have found same suggestions under the same other topics. When I had visited last time in Toronto , I had scanned my PR card & nobody asked me anything.
May be I have to do this again in the same fashion.

But in any case If somebody asked me later during my stay regarding PR card (which will be expired) What would be my status at that time & what reply I have to give. How Can i stay there without any valid visa. Pl reply.

Many Thanks

 

[Rob_TO]

But in any case If somebody asked me later during my stay regarding PR card (which will be expired) What would be my status at that time & what reply I have to give. How Can i stay there without any valid visa. Pl reply.

Many Thanks

You are still a PR, regardless of if your PR card has expired. Same as a citizen is still a citizen, even if their passport expires.

If someone asks your status you can tell them you're a PR. A PR doesn't need a visa to be in Canada. You just won't be able to prove you're a PR with a valid PR card, which may or may not cause difficulties in signing up for certain things. In some cases you may be able to use your COPR as proof of status, but I'm not sure if some places accept only the PR card as proof.

 

[wayneli]

Rob's response is spot on. Once you are in Canada, the PR card expires or not does not affect anything. You have your legal permanent residence status. The only thing is as I mentioned since PR will be your travel document you can't travel outside of Canada anymore.

 

[Aradh]

Dear Members

Great thanks for your kind support, what I understood from your valuable suggestions that I can move to Canada without any major issue, however I must stay there for 2years minimum for further extension. I can only move out of canada after receiving a new PR card.
I can work, Live without any problem.
Am I right?

thanks

 

[Rob_TO]

Great thanks for your kind support, what I understood from your valuable suggestions that I can move to Canada without any major issue,

No, the big issue is that since you don't meet RO, you may be reported by CBSA upon entering Canada. If you are reported you will face a hearing with CIC during which you may have your PR status revoked and have to leave Canada.

You can only stay in Canada 2 years to renew your PR card, if you are lucky enough to not be reported upon entry.

 

[ZingyDNA]

Dear Members

Great thanks for your kind support, what I understood from your valuable suggestions that I can move to Canada without any major issue, however I must stay there for 2years minimum for further extension. I can only move out of canada after receiving a new PR card.
I can work, Live without any problem.
Am I right?

thanks

NO! Having a new PR card or not, every time you enter Canada without fulfilling the RO, you risk getting reported and losing PR later!

 

[Leon]

Dear Members

Great thanks for your kind support, what I understood from your valuable suggestions that I can move to Canada without any major issue, however I must stay there for 2years minimum for further extension. I can only move out of canada after receiving a new PR card.
I can work, Live without any problem.
Am I right?

thanks

First, you can enter Canada as a PR even if you don't meet the residency obligation. However, it is possible that you get reported on entry in which case you would have to appeal if you want to keep your PR. This would be a major issue because you could lose the appeal and lose your PR. Even if you don't get reported, after your PR card expires, you could have problems living in Canada without one for things such as getting a health card, getting a drivers license, getting a job etc. There is no law that says you need a PR card inside Canada. However, many govt. agencies have started to ask for them anyway as a proof of your valid PR status.

After spending 2 years and getting a new PR card, you can leave Canada again but you still have to continue meeting the residency obligations. Having stayed for 2 years, you can leave again for up to 3 years but then you have to return or you risk losing your PR again. The residency obligation has to be met in any rolling 5 year period after getting your PR. It is not just for the first 5 years.

 

[Aradh]

Thank you all
Still I am in jeopardy, what I have to do finally? Should I resign from my current job & move? If something happens wrong I ll be flattened at all.

 

[keesio]

Thank you all
Still I am in jeopardy, what I have to do finally? Should I resign from my current job & move? If something happens wrong I ll be flattened at all.

You have to decide if you want to risk trying to re-enter Canada with your family and potentially getting reported. That is your decision. No one can tell you for sure or not if you will get reported.