help needed regarding Canadian PR status please???

[cerealkiller]

Hello,

I am a Singaporean who has been granted PR because of my step dad (who is a Canadian citizen) marrying my mum approximately 2 - 3 years ago. I was kinda automatically granted PR because I was below 21 years of age at that moment. Now I'm 23 (by birth year)/ coming 24 (by birth month which is coming Nov). I had been part time working and part time studying (doing my diploma/degree) since a year or so back from now. Actual plans was to finish my degree (by approx Nov or Dec 2011), then I will make some arrangements to go to Canada and stay there for 2 years to fulfill the requirements of my PR (staying 2 out of 5 years in Canada). I have gotten my Social insurance number card but I do not have the PR card. (Reason being my photo was rejected years back when I had to fly to Canada just to submit this photo but yet in the end was rejected because of some back ground color (if i never remembered wrongly). Canada Officials side had requested me to fly back to Canada to submit another photo (can't do it by post/must be in person) to let them do the card again which I never did as it deemed kinda impossible back then to really just fly back to submit a photo!

Now, my studies are near ending and I've started to make some google checks and had visited my local Canadian embassy only to discover that I do not know how to go about checking all these infos. My Local Canadian embassy can't seem to check this info too. They did said that I am not even considered a PR yet as I do not have the card? So does anybody knows what I can do next? I wish to check if its true that I'm not considered a PR as I don't even have the card ( but I have social insurance number )? I know that I needd to stay there for 2 years, but must the 2 years be within the 5 years time frame granted or can I actually reach Canada on my 4th year and 6 months and then I start to fulfill the 2 years straight stay from there? I also have alot more other questions as I really don't know nuts about it..... Is there someone out there with the same background or can someone help me please?? I will compose and post my questions in orders later....

 

[Leon]

What must have happened 2-3 years ago for you to get PR would have been that you got a PR visa, you went to Canada to "land" as a PR and filled out some documents and got some documents. Just because your photo was refused and you didn't get a PR card would not be a reason for you not to be PR. You do however have to fulfill the 2 years in Canada within a 5 year period of you coming to Canada to "land".

What you need to do to get back to Canada is to apply for a PR travel document: http://www.cic.gc.ca/English/information/applications/travel.asp at the Canadian embassy where you live. You will have to fill out how many days you have spent in Canada since you became PR. If you tell them that your intention is to go to Canada now to fulfil your two years and it is still possible for you to do that (that is, you have not been outside Canada more than 3 years already since you got the PR), then they should give you the travel document, you can use it to go to Canada now and apply for your PR card with a new photo.

 

[cerealkiller]

Hi Leon, thanks for the prompt reply... very appreciated... I know 2-3 years back, I should have done that but I'm really unable to do so as there was some family issues back then. As for the documents, I vaguely remembered that I did filled in some forms but really can't recall what are they.. You also said that I need to fill in how many days I have stayed in Canada. I've actually been to Canada 3 times now but they are all short stays with my direct family and with their working commitments, we did not stay long for each time. Lastly, I actually think that this past April 2011 is the 3 years mark. But Is there a way to check it by the way?

 

[Leon]

Hi Leon, thanks for the prompt reply... very appreciated... I know 2-3 years back, I should have done that but I'm really unable to do so as there was some family issues back then. As for the documents, I vaguely remembered that I did filled in some forms but really can't recall what are they.. You also said that I need to fill in how many days I have stayed in Canada. I've actually been to Canada 3 times now but they are all short stays with my direct family and with their working commitments, we did not stay long for each time. Lastly, I actually think that this past April 2011 is the 3 years mark. But Is there a way to check it by the way?

Did you actually get a PR visa and you were unable to land as a PR within the expiry date of that visa? If that is the case, you are not PR and never were. If you did land as a PR, those are very important forms and you are now saying you do not have them any more? Where is your proof that you are PR?

If you do think you landed as a PR, you can apply for a copy of the documents using these forms: http://www.cic.gc.ca/english/information/applications/certcopy.asp but you are running out of time. If your 3 years were up in April 2011 and you had only stayed in Canada for a short time, you are probably at the point now that you will not be able to meet the residency requirements any more in your first 5 years.

 

[cerealkiller]

Hi Leon, I am a PR in canada.. the only thing is that i do not have the PR Card (due to photo issues). but they issued me a temp PR card which only states the social insurance card. however, I have to go over to canada and submit a photograph of myself, and then they will issue me a PR card about a months time ( i was told).

I also checked the website you provided me on your previous reply. as for the forms you are saying, i do not recall about the forms as the information was done by my step dad. however when i mention to him about other documents, he has no idea what im saying.. may i check with you, are you aware of what kind of documents are needed for proof? so i may reconfirm with step dad more thoroughly if there are any specific documents needed to present..

and also, he did mention to me, although my PR has been about 3 years till date (over the 2 years stay within 5 years), if i were to go over to canada year end and fulfill my 2 years stay, most probably they will overlook on the expire date as i have proof that i am studying and unable to go over to canada during these 3 years.. do you know if is that true??
thanks...

 

[Leon]

The SIN card is not a temporary PR card. They are different cards for different purposes.

If you go to Canada now to get your PR card, because it has been more than 6 months since you landed as a PR, you will not just submit a photo and get a PR card in a month. You will need to apply for a PR card and pay $50 and you will need to wait for it for 3-4 months.

The landing document is as it says on the website Confirmation of Permanent Residence or COPR for short. If you don't have it any more, you can order it like I said.

If you want to go to Canada now without a PR card, there are a couple of issues. If you arrive at the border with your passport and enter on the basis of being a visa exempt Singaporean citizen, you are actually misrepresenting yourself because you are in fact a PR. If they see in the system that you are in fact a PR, they may ask themselves why you are hiding that fact. If you arrive saying that you are a PR but you don't have a PR card and never actually had one, they will wonder why. They will realize that you haven't stayed in Canada for any length of time for the past 3 years (not long enough to get your PR card anyway) and if they believe you have lost your PR because of that, they may start proceedings to revoke your PR. You would be able to appeal this decision but you may not necessarily win.

If you do get into Canada without any questions but then apply for a new PR card right away listing your address history as having been outside Canada for more than 3 years in your first 5 as a PR, they do not have to renew your PR card, they can actually revoke your PR status again. You would only be safe if you stay for a full 2 years and then apply for a new PR card. However, then you might have the problem that getting a drivers license in Canada or a health card might be tricky.

Studying in another country is no excuse not to meet the residency requirements. You could have chosen to study in Canada. The only good reason you might have not to meet the residency requirements would be humane and compassionate, for example taking care of a sick relative or something like that.

 

[cerealkiller]

sorry for the late reply Leon.... I've asked some people over my side and also talked to my mum about it but seems like everybody has different say on my specific case.... I'm in a big dilemma right now... and I don't know what I can do further... Ive also talked to my stepdad and he said in cases like this, most probably Canada side will overlook this matter but like ive said, everybody is saying different things now... he is a Canadian citizen and has experience on applying PR issues as he has done it before for his direct family (brothers and sisters back then) and also my mum's application and mine was also done by him. so I really dont know what I can do further.. I cant call Canada as there are no lines to call outside of Canada.. I can only go Canada embassy but most people is telling me that Canada embassy in my country cant do me much either as they can only answer me 'by-the-book' scenarios. Which I've also did and truly enough, they told me a strictly no-no for my case and that I'm not considered a PR in anyway as I do not have proof... yet on the other hand again, my stepdad keeps insisting that I'm 'definitely' a PR except that the card is not processed because of my photo issue and that I can fly there after my studies end this coming Oct and bring all relevant documents and explain to them in person. Nonetheless, Ive read about the links you've sent to me (big thanks) and discovered a paragraph about staying with the 'Canadian' outside of Canada can exempt the datelines of the 2 out of 5 years. So I'm really still very unsure about all the questions that I'm having.... any further suggestions please?? Should I trust my stepdad?

 

[Leon]

I have already told you all I know. You can go to Canada once you finish your studies. Explain things at the border and see what they decide to do. If they want to revoke your PR, your step-dad can help you appeal.