Please advise-Could not completed residency requirements
- Thread starter jamshad
- Start date
If you are visa exempt, you can come to Canada, stay for two years and then attempt to renew your PR cards.
If you are not visa exempt, you can try to apply for a travel document at a Canadian embassy explaining why you could not meet the requirements. If you are refused, you lose your PR. Another option would be to try to get a US visa and try to enter at the US/Canadian border without a travel document. The immigration officers could report you for not meeting the requirements but in that case, you will have the chance to appeal. If you are lucky and they let you in without reporting you, you can stay for 2 years and then attempt to renew.
If you are not visa exempt, you can try to apply for a travel document at a Canadian embassy explaining why you could not meet the requirements. If you are refused, you lose your PR. Another option would be to try to get a US visa and try to enter at the US/Canadian border without a travel document. The immigration officers could report you for not meeting the requirements but in that case, you will have the chance to appeal. If you are lucky and they let you in without reporting you, you can stay for 2 years and then attempt to renew.
I tried my best to get any job but could not get job in canada. Second reason was my old parents were sick and i have to take care of them and i am having spinal surgery also for myself. In your openion ,Which could be the best option to apply for travel document. Your advise is requested.
I have read several places people who do not require visas for Canada that they can enter that way (I do not need a visa and have not been in Canada since i landed back in August 2009, now I'd like to return.)
But, on the declaration card you are supposed to include for how long you will stay in Canada, so in effect wouldn't this be lying? i.e. I would stay for 2 years.....??? Or not? that way I wouldn't need to disclose that I have been away for nearly 4 years...
But, on the declaration card you are supposed to include for how long you will stay in Canada, so in effect wouldn't this be lying? i.e. I would stay for 2 years.....??? Or not? that way I wouldn't need to disclose that I have been away for nearly 4 years...
Yes, that could be seen as misrepresentation entering on your visa exempt passport when you are really PR. Besides, when they scan your passport, odds are that your name and birthdate will trigger a box to pop up on their screen and tell them that you are really a PR in which case they will ask you why you are trying to enter without disclosing that and if you meet the residency requirements etc.sdam12345 said:
However, some people seem to get away with this just fine. You should not worry about saying that you are staying for 2 weeks etc. If anybody asks you about that later, you can say that you entered with your passport for a visit only because you thought your PR was gone because you didn't meet the residency requirements but during your 2 weeks in Canada, somebody pointed out to you that it was still valid and you could stay on so you had a change of plans.
I recall having heard of a man who was entering Canada for a vacation from the US. He had PR as a child but hadn't been in Canada for a couple of decades. The immigration officers saw that he was a PR and gave him trouble about not meeting the requirements and told him that when he gets home to the US, he should renounce it. Then they let him enter anyway without reporting him. If this man would have then stayed in Canada for 2 years, he would have revived his PR status again.
I also recall having heard of a young man who was studying outside Canada. He still met the residency requirements but upon visiting his family and the IO hearing that he was studying and would be studying for the next couple of years, they told him that he had lost his PR and took his PR card from him. Without reporting him though. This act was completely against any rules as he still met the residency requirements but even if, he could have just applied for a new one and it would have been granted to him because he still met the requirements.
In any case, this goes to show that you can get any kind of IO, in a bad or good mood, who knows his job or who doesn't. It's just a stroke of luck who you get.
Thanks! Since landing in 2009, I now have a new passport so i guess they wouldn't pick up my details in any case. But you never know. It seems several posts allude to the fact that entering Canada by land/car could be an easier option, i.e. some Canadian friends could pick me up...don't know if going by car makes a difference..? Then again you have the self-serve kiosks??? Likely it makes no difference...??
I don't know. You could also enter on foot, say by Niagara falls with nothing with you but a day pack and they probably wouldn't ask how long you were gone in that case. Same if you have people pick you up in a car, you'd look like you were just coming back from a short trip.
Dear Leon
Is there any change for PR residency renewal in 2012 for H&C cases. Is entering through USA option still available. after reaching without PR can we get school admission and other required services. Can i try to renew the PR after entering if possible to enter from USA
Is there any change for PR residency renewal in 2012 for H&C cases. Is entering through USA option still available. after reaching without PR can we get school admission and other required services. Can i try to renew the PR after entering if possible to enter from USA
As far as I know, entering through the US is still as possible as it was last time you posted but better if you are visa exempt.
There are a few options or scenarios that are possible.
Option 1. You could apply for travel documents for you and your family based on having been unable to meet the RO (residency obligation) due to H&C (humane and compassionate) grounds because you were taking care of your sick parents as well as your own health problems. Include proof.
Possible results from Option 1.
1a.) Immigration agrees your point and gives you travel documents based on H&C grounds. You can then travel to Canada and apply to renew your PR cards based on having been granted travel documents.
1b.) Immigration doesn't agree your point and you lose your PR. You have 60 days to appeal but if you lose the appeal too or you don't appeal, you officially lose your PR and there is nothing more you can do to get it back.
Option 2. You try to enter Canada from the US or by flight if you are visa exempt.
Possible results from Option 2.
2a.) Immigration realizes you did not meet the RO and reports you for it. You will have 30 days to appeal for your PR showing your proof of H&C grounds. If you win your appeal, you keep your PR. If you lose the appeal, you lose it.
2b.) Immigration doesn't realize that you don't meet the RO and lets you enter or they realize it but don't report you. In either case, you can now bring your PR back into good standing by staying in Canada for 2 years before applying to renew. However, if you apply to renew your PR card without meeting the RO, you will be back into the situation of 2a.) that immigration has found that you don't meet the RO and you are forcing them to make a decision on if you should keep your PR or not.
You may face difficulties living in Canada without a valid PR card because even though no law requires you to have one, it is getting common for various levels of government to ask to see it as a proof of your status. You may find this goes for getting a drivers license, health care, school enrollment etc. Sometimes they may accept your PR landing papers instead or an expired card and sometimes they may not.
Be aware that if you are not visa exempt and you try to enter from the US, because you don't have a visa to Canada, you will have to tell immigration that you are a PR and that your PR cards have expired so the chance of being reported are much higher than they would be for somebody who is visa exempt and just walks across the border and says they are coming for a 2 week vacation.
There are a few options or scenarios that are possible.
Option 1. You could apply for travel documents for you and your family based on having been unable to meet the RO (residency obligation) due to H&C (humane and compassionate) grounds because you were taking care of your sick parents as well as your own health problems. Include proof.
Possible results from Option 1.
1a.) Immigration agrees your point and gives you travel documents based on H&C grounds. You can then travel to Canada and apply to renew your PR cards based on having been granted travel documents.
1b.) Immigration doesn't agree your point and you lose your PR. You have 60 days to appeal but if you lose the appeal too or you don't appeal, you officially lose your PR and there is nothing more you can do to get it back.
Option 2. You try to enter Canada from the US or by flight if you are visa exempt.
Possible results from Option 2.
2a.) Immigration realizes you did not meet the RO and reports you for it. You will have 30 days to appeal for your PR showing your proof of H&C grounds. If you win your appeal, you keep your PR. If you lose the appeal, you lose it.
2b.) Immigration doesn't realize that you don't meet the RO and lets you enter or they realize it but don't report you. In either case, you can now bring your PR back into good standing by staying in Canada for 2 years before applying to renew. However, if you apply to renew your PR card without meeting the RO, you will be back into the situation of 2a.) that immigration has found that you don't meet the RO and you are forcing them to make a decision on if you should keep your PR or not.
You may face difficulties living in Canada without a valid PR card because even though no law requires you to have one, it is getting common for various levels of government to ask to see it as a proof of your status. You may find this goes for getting a drivers license, health care, school enrollment etc. Sometimes they may accept your PR landing papers instead or an expired card and sometimes they may not.
Be aware that if you are not visa exempt and you try to enter from the US, because you don't have a visa to Canada, you will have to tell immigration that you are a PR and that your PR cards have expired so the chance of being reported are much higher than they would be for somebody who is visa exempt and just walks across the border and says they are coming for a 2 week vacation.