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How can I maintain my PR status w/o PR Obligation . is it possible?

absolute_zer0o

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31-08-2013
i am now in the process in obtaining my Permanent residency.
I came from a single family and my mom is terribly ill, although she wants me to stay in canada but I really want to go back and take care of her.
So i heard, (since I hold a HK passport and i do not need a visa to enter the country)
If i leave Canada after receiving the PR . and did not fulfill PR obligation, If i come back to canada in the future
Can i enter the country with my HK passport, and wait up for two years until my pr obligation is fulfill . and then apply for PR card renewnal ?
Or I will got taken off my PR status as long as I did not fulfill the PR obligation ?

Or should I report to the CIC first. before leaving the country . and apply for exemption . ?
 

Leon

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Currently it is possible to enter on a visa exempt passport and stay for 2 years and have your PR in good standing again, that is if you aren't reported on entry but you can't bank on that it will always be like that. You can not apply for an exception beforehand but a sick mother is good grounds for an appeal for your PR if you can prove it.
 

absolute_zer0o

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Thanks Leon.

I think I can obtain some of the medical doc. because my mother has had cancers twice and health have been going down hill, do I need a lawyer to appeal?


I wonder, if I was abroad without fulfill the PR obligation, they are going to send me a letter in written say my PR is taken away ??

And also, did people say its more easy going if i come back from US /Canada broader if I did not meet the PR obligation?

Last but not least, I have been here the past 5 years, so I shall say, if i stay for two more years, i should be eligible for the citizenship?
 

Leon

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In order to apply for citizenship, you need 1095 days in Canada in 4 years but days before getting the PR only count as half so if you have been in Canada for 2 years straight before you got your PR, those 2 years count for 365 days and then you need another 2 years after getting the PR before you can apply. If you took vacations outside Canada in the 4 year period, you will have to make up for it by staying longer.
 

absolute_zer0o

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31-08-2013
Hi Thanks.

Another question would be.I am actually two passports holder right now.

I have another UK(oversea) passport that is visa exempted beside the Hong Kong passport i used to apply for PR.
on the port on entry, Can I just enter with my UK(oversea) passport as visitor? ( i assume Canada do not have my other passport information) Is it less likely to be found out I am a PR w/o fulfilling obligation.

Also, how would the CIC knows you did not fulfill the obligation, if they do not know you left the country, since there's no record on departure ?
 

scylla

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absolute_zer0o said:
Hi Thanks.

Another question would be.I am actually two passports holder right now.

I have another UK(oversea) passport that is visa exempted beside the Hong Kong passport i used to apply for PR.
on the port on entry, Can I just enter with my UK(oversea) passport as visitor? ( i assume Canada do not have my other passport information) Is it less likely to be found out I am a PR w/o fulfilling obligation.

Also, how would the CIC knows you did not fulfill the obligation, if they do not know you left the country, since there's no record on departure ?
CIC has access to flight manifests. They know about exits. Also, assume that they will be able to match up the travel on your two passports easily.
 

absolute_zer0o

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31-08-2013
Hi Thanks for your answer.

my question is based on a conversation i had with a immigration lawyer yesterday. He claims that its very hard to find out the individual has violate the PR obligation on port of entry,when they are entering thru the Visa exempt passport instead of the PR card. and especially enter thru US with non-commercial vehicle. So i am not sure can they match my two passports easily on the port of entry?

So i wonder do they have a scan system that automatically find out th PR obligation has been violated?

If its possible i would like to stay in canada for two more years to obtain the citizenship, but my mom has just diagnosis with cancer, she's having treatment now. but i am not sure what will be happening in the future given I am from the single family i need to go back to take care of her. But I also spent lots of efforts and time to obtain my PR, so I do not want to lose it .



So even i were outside of canada long enough w/o fulfilling the PR obligation, if i do not enter canada, i should able to remain my PR until the next port of entry , then ill be risking to lose my PR status right?

thanks,
 

Msafiri

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absolute_zer0o said:
Hi Thanks.

Another question would be.I am actually two passports holder right now.

I have another UK(oversea) passport that is visa exempted beside the Hong Kong passport i used to apply for PR.
on the port on entry, Can I just enter with my UK(oversea) passport as visitor? ( i assume Canada do not have my other passport information) Is it less likely to be found out I am a PR w/o fulfilling obligation.

Also, how would the CIC knows you did not fulfill the obligation, if they do not know you left the country, since there's no record on departure ?
This use of multiple travel document to falsify Canadian presence/ minimize Canadian absence is a major reason for CIC issuing Residence Questionnaires and/or extensive immigration checks during Citizenship applications. You appear to have solid reasons for H&C consideration for a PR renewal so why not be honest and avoid being busted for misrepresentation? There is no 'expiry' on loss of PR or Citizenship if at a later stage you are busted for misrepresentation. In any case I believe your speculation is premature...you have 5 years from date of PR issuance to meet the 730 days requirement..from what I discern from your post this is some time away.
 

absolute_zer0o

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31-08-2013
I'm sorry. I am not trying to fool my way in , but just try to know of all option possible ,as the reason explained above
How can I apply or renewal with H&C reason? Or do I need to wait until I'm report on the port of entry and appeal in court for h & c reason? If I'm a way for too long will they automatically take my pr away by writing?
No
 

Msafiri

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1. In what class are you applying for PR - CEC, PNP etc?

2. On what date do you expect to be a PR?

3. Is 2 based on progress to date e.g. done medicals or are you speculating?
 

absolute_zer0o

Star Member
May 4, 2012
115
5
Visa Office......
Ottawa CPP
Job Offer........
Yes
App. Filed.......
23 -03 -2012
Doc's Request.
05- 2012
Nomination.....
02 - 2012
AOR Received.
05 - 2012
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n/a
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n/a
Med's Request
05 - 2012
Med's Done....
05 - 2012
Interview........
n/a
Passport Req..
visa exempted
VISA ISSUED...
visa exempted
LANDED..........
31-08-2013
Msafiri said:
1. In what class are you applying for PR - CEC, PNP etc?

2. On what date do you expect to be a PR?

3. Is 2 based on progress to date e.g. done medicals or are you speculating?
HI, I am currently under PNP application, my timeline is at my profile. I have done with my medical last year's may, should be likely getting my PR in may - aug... CIC has been really slow these days.
 

Msafiri

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Nov 18, 2012
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absolute_zer0o said:
HI, I am currently under PNP application, my timeline is at my profile. I have done with my medical last year's may, should be likely getting my PR in may - aug... CIC has been really slow these days.
My bad...time for that eye test eh!! So you have between August 2013 and August 2018 to get 730 days...don't you think you are looking at this too early? Do you intend to leave for more than 3 years after Aug 2013?