How to Retain the PR Status?

[antho065]

Hi everyone, I really need some advice from you guys.
Here's my situation:
- I lived in Canada for 6 years in the 1990s, but I left Canada as a dependent child with my family (they're all Canadian citizens, but I'm not... long story...)
- For years, I was not aware of anything or factors that could affect my status since I have been accompanying my Canadian immediate family. I recently learned that as an adult, I would lose the PR status and I have not satisfied the PR obligations. I read that I still have the "landed immigrant" status until CIC deemed otherwise. I've read that I could drive to Canada in a private car with the IMM 1000 form Record of Landing, and start to satisfy the residence obligations, but how can I get a job, or to rent a place, or to open a bank account without a PR card? (all of those are needed as residency evidence)
- FYI, I am a US citizen

Please advise how I can retain my Landed Immigrant/PR status. Thanks.

 

[scylla]

Yes - if you can return to Canada and live here for two years, you can apply for a new PR card.

Do you have a SIN? If you have a social insurance number then you should have no issues applying for a job. If you don't have a SIN, that's quite a different matter and will complicate your situation significantly.

 

[Leon]

Until the age of 19, your PR status would have been protected as a minor child living with your Canadian citizen parent(s). Your days spent accompanying your Canadian citizen parent in the US would count towards the residency requirements of 730 days in a 5 year period. If you are at this point under 22 years of age and you had spent the two years between ages 17 and 19 living with your parents, you would still meet the residency obligation and would be able to go to Canada at this point and apply for a PR card.

If that is not the case, that is you are over 22, you do not meet the RO. You could drive your car to Canada with your IMM1000 and see if they report you for not meeting the RO. If they report you, you could appeal based on having been removed from Canada as a minor by your parents and while under an appeal, you can apply for a PR card that is valid for one year at a time. What happens with the report is that if you win the appeal, you keep your PR, if you lose, you lose it and will be asked to leave.

If they don't report you, you are still PR and can stay although you may have some problems in your daily life without a valid PR card and you can't apply for a PR card because you don't meet the RO and applying could get you reported as well as they simply would not give you one anyway.

If you don't have a SIN, you would have to apply for one at Service Canada using your IMM1000 and your US passport as ID. They are not immigration so they should give you one and not really question why you don't have a PR card. With a SIN, you can work. Getting a drivers license could be a problem. Getting health care may be possible with your IMM1000. You do not need to be a PR to open a bank account.

If you manage to stay for 2 years, you satisfy the RO again and can apply for a PR card.

 

[antho065]

Thanks guys for your quick responses. I'm over 22 years of age.
- SIN: I don't have one. Great to hear I can apply for one with a IMM1000. But can I apply for it with a US address? Or I have to be physically in Canada, with a Canadian address?
- RO: If I try to enter Canada with a IMM1000 + a US Passport, and they let me in, does it mean I can stay in Canada as a PR? If I managed to get in, and somehow got a SIN, does it mean I can work in Canada legally?
And, so if they report me for not meeting the RO, how should I build my case? Does having been removed from Canada as a minor count as a legit reason? Would they then ask me why I didn't return to Canada as soon as I hit adulthood?
Or, is it possible to get a job in a US border city, rent a place on the Canadian side and commute everyday? Would this count towards the RO?
If I appealed and lost the case, does it mean I have to apply for a PR status via the Federal Skilled program?

Thanks!

 

[scylla]

You need a Canadian address to apply for a SIN and you need to be physically in Canada.

If you are reported for failing to meet the residency requirement when you enter Canada - you can expect to lose your PR status officially. The "I was removed as a minor" argument would only work if you were younger.

Forget about getting a residence in Canada and a job in the US. If you travel back and forth each day across the border for works, sooner or later you will be stopped and your PR status will be revoked.

Yes - if you lose your PR status you would have to apply again from scratch (assuming you qualify).

 

[Leon]

scylla is right. You should wait until you have an address in Canada to apply for your SIN. If you are allowed to enter Canada, you are still a PR and with a SIN, you are legally allowed to work. Like scylla, I would not advise commuting every day or even leave at all once you get in. Each entry is a risk to get reported. There is no reason to either as you are legally allowed to work in Canada with your SIN. You might however have a problem getting a drivers license but you know what, you can take a bus. It's not the end of the world.

If you get reported and appeal, you still remain a PR until your appeal has been processed and you can still apply for a SIN and work and if you are under an appeal, you can even apply for a PR card for a year at a time.
Removed as a minor was working very well in the past but the government seems to be clamping down. The younger you are, the better. Immigration may not believe that you have a need to live in Canada having spent only a few years as a child and happily lived in the US for years after that. However, the appeal processing can take 1-2 years and if you are well settled in Canada at that point, it might work in your favour. However, if you lose your appeal, you lose your PR and it will be like you never had one so if you want one again, you would have to find a way to apply.

 

[antho065]

Thank you for your replies. They're really helpful.
Re: Driver's license, I can use my US license for the time being?
So does it mean that I shouldn't enter Canada for any other purposes other than staying there for at least 2 years?
i.e. If I want to visit Canada, every time I enter, I risk losing the PR...? Even if it's for leisure? Can I enter as a visitor to avoid losing the PR status?
And once I enter Canada, I should never leave until accumulating 2 years?
If I manage to get an interview or even a job offer, is SIN enough to let me work in Canada? Or, do employers require me to show a PR card?
Once I am employed in Canada, if I want to go on a holiday, even for a few days, can I leave the country? Would Immigration refuse my entry (return to Canada), even if I am working and living there?
Re: Appeal, so if the appeal process takes 2 years, by then, assuming I'm already settled in Canada, I should have accumulated 2 years of residency, so even if the decision is ruled against me, can they still kick me out as I've already accumulated 2 years by then?
Lastly, how do I record my duration or create evidence of my residency? e.g. Rent agreement, phone bills, utilities, etc. are these solid evidence for my residency? Or, does the Immigration/Border officers record each of my entry on my US passport (I know Canada doesn't stamp US passports, but do they have an electronic record), and CIC uses that data to calculate the number of days for my residency obligation?

 

[scylla]

- You can legally use your license for 90 days. After that you have to convert it to a Canadian (provincial) license if you want to continue to be able to drive.
- Each time you enter Canada there is some risk of being reported for failing to meet the residency requirement. So the more you enter, the greater the risk you won't be successful in keeping your status. So yes - ideally you should enter once and they stay for the two years required. If you leave on vacation, you may get reported on re-entry. So it will be up to you if you want to take that risk or not. They won't refused you entry, but they may report you for failing to meet the residency obligation if you leave and return.
- An employer should not ask for your PR card. All they will want to see is that you have a valid SIN.
- If you are reported when you enter Canada, your residency days will be locked in the day you entered Canada. If it takes two years to appeal and your appeal is refused, you will lose your PR status and will be asked to leave Canada. It won't matter that you've lived in Canada for two years and yes, they can and will kick you out.
- Yes. All of those things you've mentioned are good evidence of residency.

 

[keesio]

- An employer should not ask for your PR card. All they will want to see is that you have a valid SIN.

This is mostly true but some employers will ask for it if they know you are a PR. They asked for my wife's PR card when she started her new job. They knew she was a PR based on her resume and interview.

 

[kateg]

This is mostly true but some employers will ask for it if they know you are a PR.

You shouldn't tell them, and they shouldn't ask.

http://www.hireimmigrants.ca/2012/05/17/what-you-can-and-cant-ask-in-an-interview/

Under human rights laws in Canada, employers can’t discriminate against a job candidate based on a protected characteristic — such as race, sex, religion or, most importantly in the case of immigrant candidates, country of origin.

Generally, you can ask a candidate, on an application or in an interview, if she is legally entitled to work in Canada. However, you cannot ask if she is a Canadian citizen, a permanent resident, has a work permit or ask to see her social insurance number. You also can’t ask about place of birth, refugee status or religion.

...

Once you have made a conditional offer of employment, then you can ask for proof of eligibility to work in Canada, such as a social insurance number or a work permit. This is also when you can ask for copies of diplomas, degrees, certificates or professional credentials.

 

[keesio]

You shouldn't tell them, and they shouldn't ask.

http://www.hireimmigrants.ca/2012/05/17/what-you-can-and-cant-ask-in-an-interview/

They didn't ask. Considering that all her work experience was from the USA and she listed her citizenship as "USA" on her resume, I'm sure they figured it out on her own.

 

[antho065]

Thank guys for sharing the info.
So when and if they ask me for work authorisation/evidence of my legal status, can I just provide them with a SIN (Social Insurance Number) and as long as it doesn't start with a 8, 9, or 0, would they be fine with it?
I only have a IMM1000 (Record of Landing).

Also, if I enter Canada, does it matter which ID/Passport I use? e.g. US Passport Book, US Passport Card, a US Enhanced Driver's License, or another country's passport?
If I enter with my US Passport (recently renewed), in my experience, they would never stamp my passport, does CBSA have a record/history of my entries and exits? If they don't, how do they know if I've fulfilled my residency obligations?

 

[Leon]

Thank you for your replies. They're really helpful.
Re: Driver's license, I can use my US license for the time being?
So does it mean that I shouldn't enter Canada for any other purposes other than staying there for at least 2 years?
i.e. If I want to visit Canada, every time I enter, I risk losing the PR...? Even if it's for leisure? Can I enter as a visitor to avoid losing the PR status?
And once I enter Canada, I should never leave until accumulating 2 years?
If I manage to get an interview or even a job offer, is SIN enough to let me work in Canada? Or, do employers require me to show a PR card?
Once I am employed in Canada, if I want to go on a holiday, even for a few days, can I leave the country? Would Immigration refuse my entry (return to Canada), even if I am working and living there?

Re: Appeal, so if the appeal process takes 2 years, by then, assuming I'm already settled in Canada, I should have accumulated 2 years of residency, so even if the decision is ruled against me, can they still kick me out as I've already accumulated 2 years by then?
Lastly, how do I record my duration or create evidence of my residency? e.g. Rent agreement, phone bills, utilities, etc. are these solid evidence for my residency? Or, does the Immigration/Border officers record each of my entry on my US passport (I know Canada doesn't stamp US passports, but do they have an electronic record), and CIC uses that data to calculate the number of days for my residency obligation?

As I said earlier, any time you enter Canada while not meeting the RO, you risk getting reported for being in breach of the RO. It does not matter if you have rented an apartment, are already working etc. If you are in breach of the RO, you can get reported. This is why it is better to stay for 2 years straight if you manage to get in. If you leave for a vacation, you might get lucky and get back in without a problem or you might get reported. If you want to risk it, that is up to you.

Time spent in Canada on an appeal does not count towards the RO unless you win so even if your appeal processing takes 2 years, they can still kick you out.

The best evidence for your residency is a regular paycheck. Rental agreement and utility bills mean you were renting an apartment but not that you were necessarily living there. Phone bills mean that somebody was using the phone. Of course all of that together can help.

Canada shares info with the US border and some other countries. Some have said that their entry/exit record from CBSA was very accurate even though Canada does not do exit checks.

If I enter with my US Passport (recently renewed), in my experience, they would never stamp my passport, does CBSA have a record/history of my entries and exits? If they don't, how do they know if I've fulfilled my residency obligations?

Maybe they don't, maybe they do. Do you want to try to lie to them and find out? I wouldn't recommend that though

 

[antho065]

Thanks guys. A quick question, does the IMM1000 have an expiration date? And what if the IMM1000 is expired, does it mean it's no longer valid and I'm no longer a "Landed Immigrant"? Or, does it mean as long as I had landed before the expiration date, then I would be considered as "landed"?
Does CBSA or any other governmental offices accept a valid or expired IMM1000?

 

[keesio]

I believe it has an expiry date like the IMM5292. But that expiry date should be for when you have to land to become a PR.