Did not completed the PR stay obligation

[Nhuss]

My PR card expires in Oct 2019 and I won't be able to fulfill my stay obligation till then.
I recently traveled via the US-Canada border and was reported for not meeting the stay obligation but was allowed to enter. I stayed outside Canada as my son's doctor is in the US.
I'm planning to move to Toronto in 2 months. Need help with the following questions.
1) Would I be allowed to re-enter?
2) Would my PR card be renewed?
3) Would I be able to work?
4) Would I be able to sponsor my family?
5) Should I give up my PR card and re-apply in express entry?

 

[vensak]

When exactly were you reported?
If you are out of RO, being reported starts the process of removing your PR. So you need to appeal pretty fast. And you will be advised to stay in Canada during your appeal process.
And until that problem is fixed you cannot sponsor anybody. However you can still work (as until decision is made your PR is still valid).

 

[Buletruck]

Agreed with above. Depending on how long ago you were reported, you may have already lost your PR. Did you receive any paperwork when you were reported? It would have instructions on how to file an appeal. An appeal needs to be filed within 60 days of being reported.

 

[dpenabill]

As I recall, and as best I could quickly check, while the time period for making an appeal is 60 days when a PR Travel Document is denied, the time within which an appeal of a 44(1) Report must be made is just 30 days from the date of the Departure or Removal Order (as issued pursuant to the 44(1) Report).

5) Should I give up my PR card and re-apply in express entry?

Obviously, if the time to appeal has elapsed, status is lost and this would be the available option.

If you can still appeal, whether it is better to appeal, or rescind status and re-apply, is a decision which involves the consideration of many factors, the extent to which you have breached the PR RO looming large along with those factors which might support a favourable H&C decision . . . but of course the extent to which you can anticipate making a successful express entry application looms large on the other side of the equation. This is a very personal decision rooted very much in the specific individual's circumstances.

 

[Nhuss]

Thanks for the responses.
I was reported a week ago.
The immigration officer told me that I will receive paper work in mail and will have 60 days to appeal.
What all paperwork do I need for appealing? My primary reason to stay away was to get my sons medical procedure done as his doctor is in the US. Secondary, I delayed moving as my company was promoting me to a site in Canada, which is still pending.

 

[Rob_TO]

Thanks for the responses.
I was reported a week ago.
The immigration officer told me that I will receive paper work in mail and will have 60 days to appeal.
What all paperwork do I need for appealing? My primary reason to stay away was to get my sons medical procedure done as his doctor is in the US. Secondary, I delayed moving as my company was promoting me to a site in Canada, which is still pending.

May not be valid reasons for not meeting RO. Employment reasons are generally not accepted, and you could have got full medical care free in Canada as most procedures done in US can also be done in Canada. Does all this account for more than 3 years outside Canada?

Best to talk to an immigration lawyer experienced in RO appeals, before deciding what to do.

 

[devnill]

May not be valid reasons for not meeting RO. Employment reasons are generally not accepted, and you could have got full medical care free in Canada as most procedures done in US can also be done in Canada. Does all this account for more than 3 years outside Canada?

Best to talk to an immigration lawyer experienced in RO appeals, before deciding what to do.

Does the OP have to stay in Canada while the appeal is in process? If they leave Canada, will they think their appeal is abandoned?

 

[Rob_TO]

Does the OP have to stay in Canada while the appeal is in process? If they leave Canada, will they think their appeal is abandoned?

No you can leave Canada while waiting for your appeal date. Although this shows to IRCC you have no desire to really return to Canada permanently, so would be a negative impact to the chance of success. PRs are advised to stay in Canada and integrate themselves into society as much as possible, so it will show more hardship should the IAD reject the appeal. Of course even this doesn't guarantee anything and in some cases they may not even care.

 

[Nhuss]

May not be valid reasons for not meeting RO. Employment reasons are generally not accepted, and you could have got full medical care free in Canada as most procedures done in US can also be done in Canada. Does all this account for more than 3 years outside Canada?

Best to talk to an immigration lawyer experienced in RO appeals, before deciding what to do.

All this accounts to 1.5 years and I have another 1.5 years before the PR expirres.

 

[Buletruck]

When did you originally land in Canada?

 

[Nhuss]

When did you originally land in Canada?

I landed in Sep 2014

 

[YVR123]

I landed in Sep 2014

And how long have you lived in Canada since Sep 2014?
So in the rolling 5 years, you need to be in Canada for at least 2 years.
End of 5 years will be Sep 2019 and from now (Apr 2018), there are only 17 months.
If you haven't already lived in Canada for 7 months or more, you have already violated your RO.

 

[Nhuss]

May not be valid reasons for not meeting RO. Employment reasons are generally not accepted, and you could have got full medical care free in Canada as most procedures done in US can also be done in Canada. Does all this account for more than 3 years outside Canada?

Best to talk to an immigration lawyer experienced in RO appeals, before deciding what to do.

My son is a US citizen and until he gets his Medical Card (which only residents and citizends get), he wont be able to get free medical care?

 

[Nhuss]

And how long have you lived in Canada since Sep 2014?
So in the rolling 5 years, you need to be in Canada for at least 2 years.
End of 5 years will be Sep 2019 and from now (Apr 2018), there are only 17 months.
If you haven't already lived in Canada for 7 months or more, you have already violated your RO.

I've lived in Canada for less than 7 months and at the end of Sep 2019 I would not be able to meet 2 years of requirement.

If I give up my Residency, would I be able to re-apply for PR or work visa in future?

 

[canuck78]

My son is a US citizen and until he gets his Medical Card (which only residents and citizends get), he wont be able to get free medical care?

Given that you have been reported you won't be able to sponsor your son for pr until your appeal is resolved and you would have to win. No your child wouldn't have medical coverage. What provinces are you trying to move to?