Having Property in Canada but not meeting PR requirements

[Coolj]

Hello Everyone,

Well my situation is that I did my first landing in July 2009 and have invested in property in Canada.
After that I have not visited canada and I will not be meeting PR requirements which expires in 2014.
But my plan is to enter canada in 2013 when i wish to sell off my property.

Questions
1. Would there be any issues or can i safely do my sale of property and have my money transferred out of Canada ?
2. Is there anyway i could still maintain my PR status considering i have property in Canada ?
3. Would I be able to enter canada in 2013 without the officers cancelling my PR?

Would appreciate your help on the above. Thank you.
Coolj

 

[scylla]

1. I don't see any reason why you won't be able to sell your property and transfer the money out of Canada.
2. To maintain PR status, you must live in Canada 2 out of every 5 years. Having property in Canada won't help you maintain PR status. You must meet the residency obligation.
3. The officers at the border cannot cancel your PR. However there is a chance they could report you to CIC for failing to meet your residency obligation. If you are reported to CIC, you will have to appear in front of a judge to argue why you should be allowed to retain your PR status.

 

[Coolj]

Dear Scylla,

Thank you for your prompt reply....appreciate it.
One question is there any way i could get through the officers and they don't report me to CIC.
Have read at several places on this forum that if you get through then you could stay for 2
years even if you PR has expired and then apply for a new one. Has anyone really managed
this ? or is this just luck.

I really want to make it to canada if I can before my PR expires.
Cheers!

 

[scylla]

Yes - there's certainly a chance that the immigration officers won't report you for failing to meet the residency obligation. There's really nothing you can do to "get through the officers". When you go through immigration they will either report you or they won't. The sooner you return to Canada the less likely you will be reported.

If you are not reported, then you should remain in Canada without leaving for even one day until you meet the residency obligation - and then apply to renew your PR card.

 

[Leon]

1. No problem

2. Like scylla said, you must meet the residency obligation.

3. It seems to be common that people in your situation get a lecture from immigration as they arrive but reporting them for not meeting the residency obligations does not actually seem to be that common. If you do get reported as you enter, they will tell you that they are doing it and you will have the opportunity to appeal for your PR. If you had good reasons why you could not live in Canada and are now ready to settle and you still have your property, you might win your appeal. If you do not get reported, you can just stay for 2 years, let your PR card expire and only apply to renew after you have stayed for a full 2 years. If they did not report you on entry and you do not have any immigration business in the next 2 years like try to renew your PR card too early or try to sponsor a family member, they will just look at the past 5 year period at the time you apply to renew. If you meet the obligation for that 5 year period, you are ok.

 

[computergeek]

I have previously seen an observation that says your best opportunity to present humanitarian and compassionate reasons for failing to meet the PR residency requirement are with the Border Officer. If you had to attend to sick parents, for example, having evidence of that and presenting it to the officer can be persuasive. That is, of course, assuming that you want to preserve your PR status. While Leon is absolutely correct that you can argue H&C before a judge, it's still best to be prepared to explain it to a border officer as they're more likely to be sympathetic.

Good luck!

 

[Leon]

I have a feeling (no proof) that the immigration officers at the border often do not bother reporting people, especially if they say they have mitigating circumstances because they figure they will apply to renew their PR cards right away and immigration will sort them out.

However, if they do let you in without reporting, you do not have to apply to renew your PR card right away, you can wait for 2 years and then you meet the residency obligations again and can renew your PR card.

 

[Coolj]

Dear All,
I would like to know the tax implications if I have to sell my property in Mississauga-Canada , this is my primary residence. NOTE I have a valid PR but not fulfilled the residence requirement and not filled any tax returns.

Please could you let me know what would happen and what would be best way . Even if you could let me know of some lawyers or Tax professionals who I could write to on this query.

 

[potgoa]

Coolj,

I can help you sell your property if you want.
I am a realtor.

 

[Coolj]

Hi potgoa,

Please can you give me your email so i could write to you the details....
Thank you

 

[computergeek]

People with fewer than 10 posts cannot send private messages, so neither of you can PM the other.

 

[Amhl]

Hi my husband has a PR that will expire soon we live in Lebanon can he renew it from the embassy of Lebanon I have and my kids too a Canadian passport

 

[computergeek]

Hi my husband has a PR that will expire soon we live in Lebanon can he renew it from the embassy of Lebanon I have and my kids too a Canadian passport

PR's do not expire.

Permanent Resident Cards expire - but one remains a permanent resident even with an expired PR card.

I only know of a single case of CIC delivering a Permanent Resident Card outside Canada - and that was due to a court ordering them to do so.

If you are a Canadian citizen living with your PR husband, the time you spend living together counts to maintain his permanent residency and he would not be in breach of the residency obligation. When the time comes for you to go back to Canada, he will need to apply to the visa office for a "Permanent Resident Travel Document" and explain that the basis of his compliance is living with a Canadian spouse outside Canada. They will then issue him a PRTD, which is basically a one-use travel document affixed to his passport. He may then apply for a new PR card from inside Canada.

Permanent resident cards are only delivered within Canada - barring that one exception I mentioned and I hope you never have to go that route.

 

[Amhl]

Do I have to go back to Canada with him to renew his PR and how long does it take for him to get his new PR card also when he does get his new PR card can he travel back to Lebanon

 

[Amhl]

He can travel with his PR card back to Canada before it expires with out a travel document forum