Canadian PR extension

[kknl]

Hi

I got Canadian PR in Feb 2006 and it ends by Feb 2011.I stayed only for 3 months in the past 5 years due to personal issues.Can I cross the border now since I am still having valid card.

1.Will visa officer at the border will know that i didn't maintain my days.
2.can i apply for extension of my card,i came to canada in Dec 2008 by flight and taken entry in my passport,while coming to US i came by car.
3.Should I claim on humanitarion grounds for extension of PR
4.Should I reapply on PNP or fast track for PR again.
5.Is there any fastrack for getting PR now.
6.will they maintain all the status in the data base.


please let me know your experince and advice.

thanks
kk

 

[Leon]

1. They might know, they might not. They might ask how long you were outside Canada. You don't know what info he has so if you lie, he might know.

2. If you apply to renew your PR card after having stayed outside Canada for 1095 days or more in the last 5 years, they will refuse your application. You can appeal based on H&C grounds but if you don't have a good reason, you will lose the appeal. If you lie on your application and say that you were in Canada enough to meet the residency requirements, they may suspect that you were lying based on tax information etc. and they can call on you to prove that what you said is true.

3. You can try but again, if you don't have any, then you will be denied.

4. First you have to officially lose your PR and then you can apply again if you qualify.

5. I believe that getting a PR through the skilled worker program should now take less than a year in most cases, also under PNP with an employer sponsorship.

6. What do you mean with "all status"? They will enter some information in their databases. You don't really know what they know about you but people who have had problems entering Canada at the border will have records saved in the database and will often have continuing problems because of something they said or did years earlier.

 

[kknl]

Hi Leon,

Thnaks for your feed back.

I was told that if i join one of the canadian based company and work for 2 years the residency obligation got full filled and I can reapply for extension.I was told that Immigration authorities check the application based on the day you apply back to 5 years.In out of 5 years 2 years i am representing canadian company hence that should full fill the requirement.This is long term process to wait.Please suggest your advice and feed back.

Secondly you told that less than 1 year we can get PR thru skilled worker employer sponsorship or PNP,can you please give more details.I was told Alberta H1 got closed for Software people.Which program is open which wil help to get PR in less than one year.

thanks
kk

 

[Leon]

It's not so simple as to get a job at a Canadian based company. You must have been working there while you were in Canada and they transferred you to another country. They do not like to leave it too open for people to use that to cheat the residency requirements.

All PNP's are open if you have a job offer from that province.

 

[kknl]

HI Leon,

Thanks for the feed back.

I will be completing my 5 years PR validity by Feb 2011.As I mentioned I didn't maintain my 2 years stay in canada due to valid personal issues.Can I request immigration authorities to consider on humanitarian conditions.Will they accept if I have valid reason why i couldn't make it.

What is the best option for me to go on this situation.Should I surrender and then apply for fresh PR with job offer under PNP program.

Can I apply for travel document after FEB 2011 to go to canada and file for immigration court consideration.I am not sure which is the best possible way.Should I contach any attorney to deal this.

Can you please advice.

thanks
kk

 

[Leon]

You have the following options:

1. Come to Canada before your PR card expires and take your chances with immigration. If they believe that you don't meet the residency requirements, they may start proceedings to revoke your PR. They will give you a chance to appeal in which case you can mention H&C reasons. If you get in without your PR status being questioned, you should stay for 2 years and only apply to renew your PR card when you meet the residency requirements again. You should not leave Canada during that time.

2. Wait until your PR card expires and then apply for a travel document at the Canadian embassy mentioning H&C reasons for why you could not meet the residency requirements. If you get it, you can go to Canada and renew your PR card.

If you end up losing your PR after trying methods 1 or 2, you will have the option of trying to apply for a new PR under some immigration class you qualify under, perhaps with a job offer.

You always must meet the residency requirements of staying in Canada for 730 days in each 5 year period. If you apply for a travel document or PR card renewal, they will consider the 5 year period immedately preceeding your application. Time in Canada prior to the previous 5 year period does not count.

 

[kknl]

Hi Leon,

Thanks for your advice.

I feel option 2 is good instead of going to canada and filing for PR extension on HC grounds if they so no then i need to go thru removal order etc spending lot money for legal options.

If I go for second option and if canadian embassy says no then will loos my PR or I need to go and submit my card.

One more clarifications,as far as HC grounds they consider based on the hardship living in there country and child issues.If I am seeking any other ground other than child and hardship issue will they consider.

What are the best possible chances to win this.When I read lot cases in immigration cases chances of winning for not maintaing 730 days are very less.

thnaks
kk

 

[Leon]

Your chance of being considered for H&C reasons depends on if they consider you to have H&C reasons. If you were stuck in your homeland taking care of a sick relative for example, that would be considered H&C reasons.

 

[kknl]

Hi Leon,

The chances for considering H&C are very less.I had disucussion with Immigration attorney and I was told that chances of loosing the case is very high since I stayed in canada for 70 days out of 5 years.I don't want to come to canada before expire of the card since they know very well that i have not maintain the status.They will issue removal order and then i need to go and fight in court etc..its all wasting time,money and energy.

1.I am planning to reapply for PR,Is there any fast track process where i can get my PR in a year.Like Alberta H1b program or etc.if so can you please give that link.

2.If i choose to fight in IRA for my PR then how much i need to sell down the fee etc i mean approxmat level of amount.

3.Which is the best way I can get back.

4.If you go on visiting visa,will they stamp for every entry to canada in the passport.

please let me know ur feed back

thanks
kknl

 

[Leon]

If you want to try to go back and see if they will catch you at the border and realize you have lost your PR, it would probably be best to enter on the land border from the US with very little luggage as if you are coming from a short trip. You can have more things sent to you later. You should then not leave for 2 years and then apply to renew your PR card.

You can not apply for PR again until you have officially lost the PR you have now. If you wish to lose it, contact the embassy where you live now, tell them you do not meet the residency requirements and wish to renounce in order to apply again.

If you are planning to re-apply, look at the CIC website to find the current immigration programs.