Failed to meet redidency obligations- job offer

[HOH]

Hello Canadavisa.com community,

I would kindly ask for you thoughts on issues listed below, please. I found no info on CIC website and have not found any similar posting on this website.
My situation is that I am residing outside Canada and North America for 4+ years and have few more moths left before my permanent residentship card officially expires as indicated on PR card. I failed to accumulate 730 days within 5 years period residency requirement; and thus, theoretically lost my PR status. However, I am negotiating a job position in Ontario. Assuming that I will be rewarded a job offer …….

1) In your opinion, what might happen at the point of entry if immigration officer determines the fact that I failed to meet residency obligations but have a valid job offer? From previous posts, I understand that 2 case scenarios are possible (access granted with and without reporting to immigration officer).
2) Before my PR card expires, should my employer apply for a work permit?
3) I cannot work without valid work permit, I presume?
4) I will sponsor my family to join me as visitors. Once being granted entrance to Canada, I will sponsor them for PR. I am not sure if I my application going to be successful, for reasons listed above. Please advise.

Thanks
Cheers

 

[Leon]

1) It seems to be more common than not that people in that situation are allowed to enter Canada without being reported but sometimes with a stern talking to, maybe even told that their PR is no longer valid etc. If you are let in without being reported though, you can just stay for 2 years without leaving and your PR will be in good status again. Do not try to renew you PR card until you have the 2 years and be aware that if you leave Canada during this time, you are risking that you will not be able to return.

2) If you get reported and lose your PR, your employer would have to apply for an LMO for you so you could apply for a work permit. If you do not get reported, you will still be a PR after your PR card expires so there is no need for a work permit.

3) You are only not allowed to work if your PR is officially revoked as in you are reported and do not appeal or you lose your appeal.

4) Your family needs a visa to visit Canada? It is not certain that they will be granted a visa to visit as they may be considered a risk to overstay. Sponsoring your family while your PR status is not in good standing could be risky because it may bring the attention of immigration to the fact that there you are sitting around in Canada and not meeting the residency requirements but on the other hand, as far as I know, there is no automatic residency requirements check on sponsors and I have heard of people sponsoring family even though their PR was not in good standing so it might work out.

 

[HOH]

Hello Leon,

Many thanks on your opinion ( btw are you an immigration lawyer).

1) Based on your reply under #1, are you referring that usually people were let in without being reported by immigration authorities at POE?
2) If you get reported and lose your PR, your employer would have to apply for an LMO for you so you could apply for a work permit. Are you suggesting that I cannot work if I do not get a work permit (it seems logical to me)?
3) Regarding family sponsorship..........
From IMM5540E.PDF, I understand that sponsor is required to enter employment and residency history . Therefore my question is, what makes you think there is no automatic residency requirements check on sponsors by CIC?

Thank you for your time and consideration.
Kind regards

 

[Leon]

I am not an immigration lawyer, no. If I was, I would be charging for my advice

1) Reply is just based on what people have said on here. More people than not seem to be let in without being reported.

2) If you lose your PR, you would need a work permit if you want to work in Canada. Otherwise you would just be like any tourist who wants to work. You are not allowed to do it unless you get a permit.

3) I have only noticed that people have said they have sponsored their family even though they did not meet the requirements. If you look through the publications on the CIC website (bottom left corner) there are guidelines on residency requirements and when to examine for the residency requirements and that time is basically either as you enter Canada or as you apply for a travel document (outside Canada) or apply to renew your PR card (inside Canada). Even though they ask for your address and employment history for sponsorship, that does not necessarily mean that they are using it to check if you meet the residency requirements. They might just be checking that you were living in the same place where the person you want to sponsor as your spouse was and that you are a hard worker and not sitting around unemployed all the time. Still, it is possible that they check for residency requirements too. No guarantees. Personally I think it is risky to sponsor when you don't meet the requirements. You can discuss this with an immigration lawyer but then you have to pay.

 

[HOH]

Hello Leon,


Thanks for your time and consideration then.
At this forum, I wanted to hear various opinions based on experience etc.
I thought that my case might be different for might having job offer.
Cheers