Maintaining Canadian PR - Urgent Issue

[fmahmud]

Hi,

A friend of mine got the PR for his family on March 01, 2008 while he was away in his home country for almost 2.5 years. He came back last year in Sept 2010 and since then he is working with an employers in downtown Toronto.

His wife and one kid has PR however his youngest daughter don't have PR and it will take another 6 months to process. The last 2 years period for her wife and eldest daughter will start from March 10th this year.

Will she be able to delay her visit in Canada for 4-5 months in order to maintain PR status? It will affect her PR status or her entry at the airport will be denied as it is problematic for her to leave youngest daughter back home.

Thanks in advance and appreciate seniors comments.

Regards,

Farrukh

 

[Leon]

She can try that as an excuse. Maybe it will work. If not, the husband can sponsor her and the other daughter again.

 

[canpak7860]

Hi Leon & Senior Advisors
Just for clarification, will there be any issues regarding entry while she is entering into Canada on 1st July 2011 provided that she should have entered before 1st March 2011. What will be her legal status in Canada during last three months from 1st March 2013- 1st July 2013É Will she be considered as illegal and might be deported etc.
Please help me in clarification as well.
Canpak7860

 

[Leon]

It is possible that immigration will question her PR status when she enters Canada. As she is unable to meet the residency requirements for her first 5 years, they could take steps to revoke her PR. If this happens, she can still enter Canada and appeal. If she loses her PR, her husband can sponsor her for PR again.

If she gets into Canada without any questions being asked, she is a PR until proven otherwise. Normally they only examine when she enters Canada or applies to renew her PR card so if she stays in Canada and lets her PR card expire and only applies to renew after she has 730 days, she will be fine. There is no law in Canada that says you must have a valid PR card at all times.

 

[canpak7860]

Hi Leon

Thanks for your advice. As per your feedback, this sounds like that if she enters Canada on 1st July 2011 provided that she should have entered before 1st March 2011; she will be allowed to enter and can stay by March 2013.

During this period, she will not face any implications.

Please suggest that any risk are associated for refusing her entering Canada before March 2013 and can she be deported? Further, once she is Canada , can her sponsorship application be submitted within Canada before her PR expiry?

Please suggest

Regards

 

[Leon]

As per your feedback, this sounds like that if she enters Canada on 1st July 2011 provided that she should have entered before 1st March 2011; she will be allowed to enter and can stay by March 2013.

During this period, she will not face any implications.

If and only if her PR status is not questioned when she enters Canada. If immigration suspects her of not meeting the residency requirements, they may take steps to revoke her PR. She may appeal their decision but she might not win the appeal.

Please suggest that any risk are associated for refusing her entering Canada before March 2013 and can she be deported? Further, once she is Canada , can her sponsorship application be submitted within Canada before her PR expiry?

If her PR gets revoked, she will be deported. If she has been issued a removal order, I do not know if they can appeal again for her to be able to stay while the husband sponsors her inland. PMM might know that.

In my opinion, if her PR status gets questioned as she enters Canada, she should get a lawyer to help her either appeal or another possibility might be to not appeal but instead sign her PR status away admitting that she did not meet the residency requirements and have her husband start sponsorship right away. I think that would work but then again, I am not a lawyer. Maybe she has a good chance of winning the appeal because immigration knows that her husband will just sponsor her again if she loses.