Landed - not met residency; US GC pending; what next?

[hisfallacy]

My spouse and I have PR card and landed 2 years back.
We have to move to Canada by Feb 2011 to maintain our residency status.
We are undecided, about quitting our jobs to move to Canada at this time.

Question is - if we let ourselves fail this residency requirement, can we:
1. 'Extend' this somehow? What is the procedure, are there agencies that can help?
2. In the next few months or later this year choose to move to Canada? Will Canada let us in? What is the process?
3. If we let go of our PR in Canada, can we still visit Canada in the future as a tourist?
4. Can we reapply to Canadian PR in the future if we decide to? Is this a negative record on us, and we won't be eligible?

The background is, we love Canada and chose it as our destination when we applied; but we have lived in the US for more than 10 years, with a painful visa and immigration process that is still going on. And we have family and friends here, as well as a house (and a big mortgage) and our US green card process is in the final stage as well, we both have our EAD, however it will take 1-2 years. The us gc is never a guarantee, and we never know what will happen of it. In that situation we would like to move to Canada; otherwise, after at least one of us finds a job there.

Any help, guidance would be helpful. (or any thread/forum)
thanks.
Hinu

 

[Leon]

You actually have another year to move if you landed 2 years ago because it is actually 3 years you can be outside Canada in each 5 year period.

Change the date you have to move by to Feb 2012 and then these are the answers:

1. No extension
2. You arrive at the border and see if they will let you in. If they do, you sit tight in Canada until you have your 730 days before you apply to renew your PR card. If they give you trouble at the border, they may start procedures to revoke your PR. You can appeal this but they will not consider even a really good job in the US a good reason for you not to have met the residency requirements.
3. Yes, if you lose your PR, you have the same right as other people to travel to Canada as a tourist.
4. Yes, you can re-apply and they will not hold it against you.

 

[App]

Hi Hinu,

I am on OPT in USA.
I am also unable to decide either to choose Canada or USA.
I am applying for my Canada PR as a back up to my US visa.
Please share your experiences.

 

[App]

Hi Hinu,

I think you can stay out of Canada on a PR for a maximum of 3 years in a five year period.
If you need to renew your PR, you need to be physically present in Canada for atleast two years for every five year period.
Well if you loose your PR, you are eligible to reapply.
Make sure your occupation is still considered under skilled worker category or have arranged employment or
have Canadian full time Education for two years to be eligible for reapplying.
Hope this helps.

 

[hisfallacy]

Thanks so much Leon, and 'App'. This helps a lot.

Sorry, we landed * 3 years back *. That's why we have to make the decision now, by Feb 2011.

Thanks for your time and the responses again!

Hinu