PR card renewal without 730 days due to PhD studies?

[tnm]

I landed in December 2009, at that time I was working as a PhD Student in Europe. My contract was for 5 years. In 2011, I came in Canada, lived for 2 months and then went back to Sweden. Later in 2012, I came back again and stayed for 6 months in Canada. My professor was not happy with me because I was aborting the research /project. So l left Canada again and join my studies in Sweden. Due to this break and some other reason my Studies get delayed. Despite my defense of the PhD is pending, I came back to Canada at the end of June 2014. My PR card will expire in December 2014. I did not meet the requirement of 730 days to renew the Card. However, my wife met this requirement and she is the principal applicant.


One way that I understand from the forum is that I need to keep quiet and complete the 730 days then I can apply for PR. But my problem is that I have to go to Sweden for some days to defend the PhD and then come back to Canada.

Does it make sense to apply the PR renewal by stating that I was out of Canada due to my studies and I need PR card in March for my PhD defense?

Or

Without applying PR, can I travel to Sweden and come back to Canada with travelling document.

 

[david1697]

It is really your choice and up to you what you will or will not do.

You have already been extremely lucky, the border official chose not to report you and allowed you to come in and stay. From what I gather, they are scrutinizing as much as possible anyone who they may suspect of not meeting RO requirement. So, you should be glad that you were spared.

Having arrived to Canada and given a rare opportunity to rebuild your residency, it sounds as least desirable thing to put your future in Canada in jeopardy by leaving Canada once again. Applying for renewed PR card (without 730 days in last 5 yrs) guarantees that you will be found in violation of RO and stripped of your status. Leaving Canada (after having been admitted while failing to meet RO) IMHO is pushing it, and returning once again will be like asking for a headache.

Think thoroughly what your goals are and where your priorities are. Whatever you do try not to tempt your luck.

 

[Rob_TO]

I landed in December 2009, at that time I was working as a PhD Student in Europe. My contract was for 5 years. In 2011, I came in Canada, lived for 2 months and then went back to Sweden. Later in 2012, I came back again and stayed for 6 months in Canada. My professor was not happy with me because I was aborting the research /project. So l left Canada again and join my studies in Sweden. Due to this break and some other reason my Studies get delayed. Despite my defense of the PhD is pending, I came back to Canada at the end of June 2014. My PR card will expire in December 2014. I did not meet the requirement of 730 days to renew the Card. However, my wife met this requirement and she is the principal applicant.


One way that I understand from the forum is that I need to keep quiet and complete the 730 days then I can apply for PR. But my problem is that I have to go to Sweden for some days to defend the PhD and then come back to Canada.

Does it make sense to apply the PR renewal by stating that I was out of Canada due to my studies and I need PR card in March for my PhD defense?

Or

Without applying PR, can I travel to Sweden and come back to Canada with travelling document.

You can't apply for PR renewal now, since you don't meet the RO. They will not care about your studies outside of Canada, that is not a valid reason to not meet RO.

Also you should not apply for a travel doc, since if you don't meet RO they could simply revoke your PR status.

If your PR card expires while you're in Sweden then the only chance you have is to return to Canada on your visa-exempt passport, and really hope that the CBSA officer you encounter doesn't report you for not meeting RO. If they don't report you then you can just remain in Canada until you meet RO, then apply to renew PR card. If they do report you then you would still be allowed to enter Canada but would have a hearing with CIC, during which they will most likely revoke your PR.

Each time you leave/enter Canada before you meet RO, you would face this every time.

If your PR status is revoked, if your wife is meeting RO then she could apply to sponsor you for new PR status.

 

[fdk511]

I think you have been provided with some excellent advice as it relates to your case.

As far as the thesis defense is concerned, do you have remote access to your files etc? Is it possible to conduct the defense using skype, WebEx etc? If so, then maybe the risk of travel (and potential impact on your PR status) can be avoided.