How to Retain the PR Status?

[Leon]

Right, the IMM1000 expiration date was for when you had to land by. If you landed before that date, you became a PR and your IMM1000 was filled out and stamped when you landed and proves that you became a PR on that day.

 

[kateg]

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.

Why list the Citizenship?

 

[antho065]

hi folks, another quick question, if I get a job offer in Canada, can I work there with a work permit? how easy is it, if the company sponsors me? or, how hard is it if the company doesn't want to sponsor me?
if the company doesn't sponsor me, can I apply via the NAFTA TN visa scheme/program? I work in one of the qualified occupations under the TN visa program and I am a US citizen.
To my knowledge, the TN visa in the US is a nonimmigrant visa and it is not a dual intent visa, meaning it can't be converted into a green card. Is it the same in Canada? i.e. does it count towards a PR?

 

[scylla]

hi folks, another quick question, if I get a job offer in Canada, can I work there with a work permit? how easy is it, if the company sponsors me? or, how hard is it if the company doesn't want to sponsor me?
if the company doesn't sponsor me, can I apply via the NAFTA TN visa scheme/program? I work in one of the qualified occupations under the TN visa program and I am a US citizen. To my knowledge, the TN visa in the US is a nonimmigrant visa and it is not a dual intent visa, meaning it can't be converted into a green card. Is it the same in Canada? i.e. does it count towards a PR?

Before you can do any of the above, you would have to officially renounce your PR status.

If the job you find in Canada qualifies under NAFTA, you can obtain a work permit with the employer job offer alone. If the job does not qualify under NAFTA, then the employer will have to obtain an approved LMIA before you can obtain a work permit. You cannot obtain a work permit without first securing a job offer from a Canadian employer.

Yes - this work experience can be counted towards PR.

 

[antho065]

Scylla & any other immigration legal professionals, I need your help.
Given the facts:
- I am a landed immigrant, I have a IM1000
- job I found in Canada qualifies under NAFTA (it's one of the professions listed)
- I am a US citizen

Questions:
1. If a Canadian employer extends a job offer to me, how should I enter Canada legally and work there? I was suggested to enter Canada in a private car (does it have to be a Canadian license plate or US plate?) with my IM1000. Does anyone know if I can rent a Canadian license plate car in Buffalo, NY or US cities bordering Canada?

2. If #1 doesn't work, I believe there are two options: a) to get a regular work permit, b) to get a NAFTA work permit. Does (b) a NAFTA work permit count towards days of residency for both Permanent Residency and a Canadian citizenship? My understanding of (a) a regular work permit is that it counts only half a day for each physical day in Canada for both PR and citizenship.

3. When I enter Canada and CBSA officer asks about my RO, is it advisable to show him/her why I've been away from Canada? I have (probably legitimate) reasons (examples: family, health, personal, etc). and do I need to show evidence (e.g. documents)?

Before you can do any of the above, you would have to officially renounce your PR status.

If the job you find in Canada qualifies under NAFTA, you can obtain a work permit with the employer job offer alone. If the job does not qualify under NAFTA, then the employer will have to obtain an approved LMIA before you can obtain a work permit. You cannot obtain a work permit without first securing a job offer from a Canadian employer.

Yes - this work experience can be counted towards PR.

 

[Leon]

Scylla & any other immigration legal professionals, I need your help.
Given the facts:
- I am a landed immigrant, I have a IM1000
- job I found in Canada qualifies under NAFTA (it's one of the professions listed)
- I am a US citizen

Questions:
1. If a Canadian employer extends a job offer to me, how should I enter Canada legally and work there? I was suggested to enter Canada in a private car (does it have to be a Canadian license plate or US plate?) with my IM1000. Does anyone know if I can rent a Canadian license plate car in Buffalo, NY or US cities bordering Canada?

2. If #1 doesn't work, I believe there are two options: a) to get a regular work permit, b) to get a NAFTA work permit. Does (b) a NAFTA work permit count towards days of residency for both Permanent Residency and a Canadian citizenship? My understanding of (a) a regular work permit is that it counts only half a day for each physical day in Canada for both PR and citizenship.

3. When I enter Canada and CBSA officer asks about my RO, is it advisable to show him/her why I've been away from Canada? I have (probably legitimate) reasons (examples: family, health, personal, etc). and do I need to show evidence (e.g. documents)?

1. You should be able to rent a car on Canadian plates in a border town. Ask at some of the bigger car rental companies.

2. #1 will work in the way that you will be allowed to enter Canada as a PR. It is just a question of getting reported for not meeting the RO or not. If you get reported, you can appeal but you stay a PR during your appeal processing which can take 1-2 years during which time you can work and live in Canada. If you lose the appeal, you will lose your PR but you could then apply for a work permit. You can not get a work permit while you are still PR. Time spent in Canada on a work permit only counts in order to apply for PR later under Canadian experience class. It does not count for PR or citizenship residency requirements. Time spent in Canada as a PR under an appeal only counts towards the residency requirements if you win.

3. Yes, if you want to immigration officer to not report you for being in breach of the RO, you should try to show that you have humanitarian grounds that prevented you from living in Canada. Preferably you should have proof.

 

[antho065]

1. You should be able to rent a car on Canadian plates in a border town. Ask at some of the bigger car rental companies.

2. #1 will work in the way that you will be allowed to enter Canada as a PR. It is just a question of getting reported for not meeting the RO or not. If you get reported, you can appeal but you stay a PR during your appeal processing which can take 1-2 years during which time you can work and live in Canada. If you lose the appeal, you will lose your PR but you could then apply for a work permit. You can not get a work permit while you are still PR. Time spent in Canada on a work permit only counts in order to apply for PR later under Canadian experience class. It does not count for PR or citizenship residency requirements. Time spent in Canada as a PR under an appeal only counts towards the residency requirements if you win.

3. Yes, if you want to immigration officer to not report you for being in breach of the RO, you should try to show that you have humanitarian grounds that prevented you from living in Canada. Preferably you should have proof.

Re:
#1: I just checked the website again (cic.gc.ca/english/helpcentre/answer.asp?q=064&t=10), the option of returning to Canada with a IMM1000 in a private car is gone. Can someone please confirm if this still works?

#2: To my knowledge, the NAFTA TN Visa for US is a nonimmigrant visa for both Canadian and Mexican citizens (in other words, they can't convert into a green card/PR). If I enter using a NAFTA work permit (to Canada as a US citizen), is it possible to convert that into a PR?

#3: If I show that I have what I believe to be H&C grounds that prevented me from living in Canada, I would need to show that at the border? Also, what constitutes as a H&C grounds? e.g. being removed as a minor from Canada, tending to a Canadian immediate family member/parent who was/is ill, diagnosed with a major medical condition, are these valid H&C grounds?

 

[keesio]

If I enter using a NAFTA work permit (to Canada as a US citizen), is it possible to convert that into a PR?

That is what I did. I first came to Canada on a NAFTA work permit. Then I applied for PR (FSW) while still living and working in Canada on a work permit. Note that you still have to apply for PR like anyone else (there is no automatic conversion to a PR). But the fact that you are already in Canada working strengthens your PR application.

 

[Leon]

Re:
#1: I just checked the website again (cic.gc.ca/english/helpcentre/answer.asp?q=064&t=10), the option of returning to Canada with a IMM1000 in a private car is gone. Can someone please confirm if this still works?

#2: To my knowledge, the NAFTA TN Visa for US is a nonimmigrant visa for both Canadian and Mexican citizens (in other words, they can't convert into a green card/PR). If I enter using a NAFTA work permit (to Canada as a US citizen), is it possible to convert that into a PR?

#3: If I show that I have what I believe to be H&C grounds that prevented me from living in Canada, I would need to show that at the border? Also, what constitutes as a H&C grounds? e.g. being removed as a minor from Canada, tending to a Canadian immediate family member/parent who was/is ill, diagnosed with a major medical condition, are these valid H&C grounds?

1) Read your link again. It actually says that after March 16, the only way to return to Canada without a PR card will be by private car but you will need other documents. You having your IMM1000 would suffice as other documents.

2) Not directly convert but while working in Canada, you can find other ways to apply for PR.

3) H&C grounds if you can prove them can help you not get reported on entry or if you do get reported, they can help you appeal. Being removed as a minor from Canada can help if you are still very young yourself, returning first possible chance after reaching adulthood. Lately they have been denying such cases more and more though. Taking care of a seriously ill relative can help if you can prove it. The relative doesn't have to be Canadian.

 

[antho065]

Thank you Leon. Regarding:
1) The "Other documents" didn't specify IMM1000, so I was a bit worried. So when can I get a PR card if I successfully entered as a PR? Do I have to wait for 2 full calendar years?
2) Let's say I entered on a NAFTA work permit and applied for a PR within a year. Would the time on a NAFTA work permit count towards days spent in Canada?
3) If the CBSA officer asked about it and I showed the documents, and assuming he or she accepts my H&C grounds, would he or she put something in the system, which would allow me to retain the PR status and freely enter/leave Canada by car/train/plane, and also apply for a PR card?

1) Read your link again. It actually says that after March 16, the only way to return to Canada without a PR card will be by private car but you will need other documents. You having your IMM1000 would suffice as other documents.

2) Not directly convert but while working in Canada, you can find other ways to apply for PR.

3) H&C grounds if you can prove them can help you not get reported on entry or if you do get reported, they can help you appeal. Being removed as a minor from Canada can help if you are still very young yourself, returning first possible chance after reaching adulthood. Lately they have been denying such cases more and more though. Taking care of a seriously ill relative can help if you can prove it. The relative doesn't have to be Canadian.

 

[scylla]

1) You need to live in Canada for two straight years before you can apply to renew your PR status.
2) Not possible. You can't enter Canada on a work permit without first renouncing your PR status permanently. So if you go the work permit route, your PR status will be officially gone.
3) No - you won't be able to move around freely and retain PR status. You'll be allowed in once and can expect to face the same level of examination the next time you try to enter. The more times to leave and re-enter, the more likely you'll end up having your PR status revoked since it will be clear you aren't committed to living in Canada and are just trying to keep PR status as a convenience. If you really want to keep PR status, you need to re-enter Canada and then plan to stay.

 

[Leon]

Thank you Leon. Regarding:
1) The "Other documents" didn't specify IMM1000, so I was a bit worried. So when can I get a PR card if I successfully entered as a PR? Do I have to wait for 2 full calendar years?
2) Let's say I entered on a NAFTA work permit and applied for a PR within a year. Would the time on a NAFTA work permit count towards days spent in Canada?
3) If the CBSA officer asked about it and I showed the documents, and assuming he or she accepts my H&C grounds, would he or she put something in the system, which would allow me to retain the PR status and freely enter/leave Canada by car/train/plane, and also apply for a PR card?

1) Yes, if you get in without getting reported, you would have to wait in Canada 2 years before you can apply to renew your PR card. Applying earlier means they would see that you don't meet the RO and they could revoke your PR.

2) Like scylla says, you can not get a work permit if you are still a PR. You don't even need one either. If you want to enter on a work permit, you have to renounce your PR first.

3) If you get lucky and the immigration officer lets you in without reporting you, you are still a PR who doesn't meet the RO and any time you enter Canada again while that is so, you take the risk that the next immigration officer will report you. If you do get reported and appeal, you can apply for a PR card that is valid for 1 year and you can use that for travel while you are waiting for your appeal processing. However, the more you are outside Canada, the worse it is for your appeal. You want to go into your appeal hearing and be able to say that you are well settled in Canada with a regular job, not go in and say you are not really settled in Canada and spend a lot of time outside because that will really not convince them to let you keep your PR.

 

[goldmary]

Hello All,

I have a complex situation,and I need ur advice

1. I have both Canadian and U.S green cards.We landed in Canada in April 2014,and left after the landing process.However I'm due to be a U.S citizen in December 2018
2. My wife has Canadian green card but only U.S F1 student status.
3.Our desire is to obtain both Canadian and U.S citizenship in the nearest future.
be
We are thinking of moving to Detroit,Michigan so that she will enroll at Wayne state university,and be commuting from Windsor,ON to Detroit,MI for her studies.Then she will be able to fulfill her RO to be a Canadian citizen.

I'm thinking of staying in Detroit until I become a U.S citizen,then I'll try to maintain my Canadian green card to finally become a Canadian citizen as well.

If you have a better suggestion,please that will be helpful.Thanks

Pls: I need advice from especially Leon and other VIP members

 

[Leon]

Hello All,

I have a complex situation,and I need ur advice

1. I have both Canadian and U.S green cards.We landed in Canada in April 2014,and left after the landing process.However I'm due to be a U.S citizen in December 2018
2. My wife has Canadian green card but only U.S F1 student status.
3.Our desire is to obtain both Canadian and U.S citizenship in the nearest future.
be
We are thinking of moving to Detroit,Michigan so that she will enroll at Wayne state university,and be commuting from Windsor,ON to Detroit,MI for her studies.Then she will be able to fulfill her RO to be a Canadian citizen.

I'm thinking of staying in Detroit until I become a U.S citizen,then I'll try to maintain my Canadian green card to finally become a Canadian citizen as well.

If you have a better suggestion,please that will be helpful.Thanks

Pls: I need advice from especially Leon and other VIP members

Depending on how much time you spend in Canada, you may be able to maintain your PR card. For example, if your wife lives in Canada but you live and work in the US, you could visit her every weekend in Canada so Friday through Sunday is 3 days a week and doing that every weekend until you get US citizenship and then moving to Canada full time might just be enough for you to meet the RO. However, I do not know if such absences would affect your US citizenship plans.

If you do not do this and do not manage to meet the RO, the worst case scenario could be the loss of your PR. However, your wife meeting her RO could always sponsor you again.

Your wife staying in Canada full time, assuming that you have not lived in Canada so far, she could apply for citizenship after 4 years of living in Canada full time. Adding days for any overnight absences.

You would be able to use some of your days spent in Canada as a PR before moving full time and if you had spent all your weekends in Canada, you could qualify to apply for Canadian citizenship sometime in mid-year 2021.

 

[goldmary]

Leon thanks for ur answer.

Do I get into Canada during weekends using my U.S green card or Canadian pr?

Also my wife is planning to enroll at Wayne state university,and be commuting from Windsor,ON to Detroit on the days of her classes.But she will definitely get back to Windsor every night in order to sleep in Canada.Our kids 8 and 6 years respectively, will be living in Canada permanently,and be attending school as well.

Another option: Do u think she should leave U.S entirely,and live in Canada until her citizenship without commuting to school?