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Help with my present situation

Mar 24, 2015
16
1
I got my PR 4 years ago and I tried to find jobs in Canada but not successful. I went back to my original country and work there. Now I almost used up my time outside Canada and I left my wife and offsprings in Canada. I would like to know
(1) If i lost my PR but my wife/daughter got Canadian citizenship, can my wife sponsor me again?
(2) Since I lost my pr in the first place, am i eligible to re-apply for PR?
(3) how long it takes to process my wife sponsorship?
 

scylla

VIP Member
Jun 8, 2010
95,856
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1) Yes - your wife can sponsor you again.
2) Yes - you are eligible to reapply.
3) It depends on your home country.
 
Mar 24, 2015
16
1
Thanks for your kind assistance.
I received a message from an immigration consultancy called Akrami and Associates who advised that I can apply for renewal of PR card (depsite I did not meet the residency requirement). He charged me CAD3,500 and recommend me to proceed to apply on the grounds of humantarian and compassonate arguments. The fees are not refundable even if the application is not successful and the consultant advised that the probability of success is quite high.
Can anyone give me an honest opinion is it worthwhile to try? CAD3,500 is a huge amount of money for me.
 

Ponga

VIP Member
Oct 22, 2013
10,417
1,468
Job Offer........
Pre-Assessed..
It's also possible that if you are able to re-enter Canada without any problems...you could simply stay in Canada for 2 years (730 days) and basically restore your existing Residency Obligation.

You haven't [yet ] lost your PR status!
 
Mar 24, 2015
16
1
Many thanks for your kind information.
Two questions if you don't mind:
(1) If i can get back to Canada even after my PR card expired, can i continue to work legally in Canada?
(2) Do you think it is worthwhile to try CAD3,500 to ask the consultant to apply the renewal of PR on humanitarian and compassionate grounds?
Many thanks
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
1) Yes. Just because your PR card expired it doesn't mean PR has been revoked.
2) No, I don't think it is worth it.

I agree with Ponga. Return while your PR card is still valid and stay long enough to renew your card.
 
Mar 24, 2015
16
1
I had an argument with my wife regarding whether i should rescind voluntarily my PR status. There is a button on Canadian Immigration Web site that you can voluntarily give up your PR status. My PR card will expire in Nov/2015 and I can continue to enter Canada freely before Nov/2015. However, after Nov/2015 when I try to get into Canada with an expired card, the immigration will find out I cannot fulfill the residency requirement and may refuse my entry. So my questions are:
(1) Shall I surrender my PR status voluntarily or I wait until I need to get admitted into Canada but with an expired card
(2) If I surrender my PR status, will this affect my wife/offspring apply for citizenship? They stayed in Canada for almost 3 years and will apply for citizenship when the residency requirements are fulfilled. However, I recall that when we apply, I am the principal applicant. Not sure if this will affect their applications for citizenship.
Thanks for your kind advice.
 

SchnookoLoly

Champion Member
Mar 5, 2012
1,147
79
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
25 Jan 2012
File Transfer...
24 Apr 2012
Passport Req..
26 Jun 2012
VISA ISSUED...
21 Aug 2012
LANDED..........
08 Dec 2012
First, the validity of your PR card and your PR 'clock' are two different things. On what date did you land in Canada? You say about 4 years ago, so let's say you landed in October 2010. Your got your PR card in November 2010 with an expiry date of November 2015. You stayed in Canada for a few months, let's say until March 2011, and then you went back to your home country and have not been back to Canada since.

Your PR 'clock' started in October 2010 - when you landed.

You will be a PR until you either give it up, or until CIC takes steps to revoke your PR status.

Basically, when you get to the border, it will be a gamble, and no one can say whether or not it will be successful. It will come down to whether the CBSA officer files the paperwork to start proceedings to remove your PR status when you cross. That may or may not happen, and no way to guess beforehand whether or not it will.

Best case scenario, CBSA asks minimal questions and you are let into Canada with no real fuss. From this point, you stay put in Canada until you have the 730 days, then you apply for renewal of your PR card. You won't be able to travel outside of Canada during this time, but you should be just fine to have your PR renewed.

Worst case scenario, CBSA puts together that you will not be able to meet your residency requirement, and starts the process to revoke your PR. However, they will still let you into Canada as you are technically still a PR until the status has been formally revoked. You'll wait in Canada and you can look for work etc as you are still a valid PR. You'll receive notice from CIC that your PR has been revoked because you have not maintained the residency requirement. At this point, you can file an appeal on H&C grounds given that your wife and children reside in Canada. The decision on the appeal could go either way, but you can remain in Canada while the appeal is processing. I would recommend reading case notes on CANLII to see cases where appeals have and have not been successful. I would also hire a lawyer to help you at this point.

I would not bother with the lawyer right now - the lawyer cannot predict nor influence what will happen at the border when you get to Canada. It really will just depend on the officer, what questions you are asked, and whether the officer decides to start paperwork or not. No one can predict whether or not that will happen - as I said, it will be a gamble.

You losing your PR would not affect your wife and children's PR statuses as they have met their residency requirements. If your PR is revoked, then your wife can lodge another sponsorship application at that time (I think).

Hopefully that helps...
 

bigredmoose

Hero Member
Dec 6, 2014
473
41
Category........
Visa Office......
Sydney, AUS
Job Offer........
Pre-Assessed..
App. Filed.......
30-10-2014
AOR Received.
24-12-2014
File Transfer...
06-01-2015
Med's Done....
07-10-2014
Interview........
Waived
Passport Req..
31/03/2015
VISA ISSUED...
27/04/2015 (COPR)
LANDED..........
08/07/2015
englishpatient2006 said:
Thanks for your kind assistance.
I received a message from an immigration consultancy called Akrami and Associates who advised that I can apply for renewal of PR card (depsite I did not meet the residency requirement). He charged me CAD3,500 and recommend me to proceed to apply on the grounds of humantarian and compassonate arguments. The fees are not refundable even if the application is not successful and the consultant advised that the probability of success is quite high.
Can anyone give me an honest opinion is it worthwhile to try? CAD3,500 is a huge amount of money for me.
OMG do not give this lawyer any money!