PR Card will expir soon , live outside Canada for last 4.5 years

[jelo80]

Dear,
Need your advice, my status as the following
I got my master degree from Canada
Married with 2 daughters
My PR Card will expired in May,2015
One of my daughters does not has PR Card
After I landed and came to UAE, I never been in Canada
Currently work in UAE, good job but no future
Your advices:
• Does my PR card still valid ? Can I use it to travel to Canada? How can I do that ?
• Do you advise me to leave my current job and go to Canada
• How can I get PR card for my second daughter ?
Thanks

 

[Rob_TO]

What is your wife's status? If she is a Canadian citizen, then as long as you're living with her you are meeting PR residency obligations.

If she is not a citizen, then you are in violation of your PR residency obligation as you've been out of Canada for more than 3 years. Your current PR card is still valid so you can enter Canada, but when you try to return to Canada you could be reported by a CBSA officer, and then you would need to have a meeting with CIC in which case they would most likely revoke your PR status.

However if the CBSA officer does not report you when you return, then you would need to stay in Canada for 2 straight years to re-qualify for residency obligation, then apply to renew PR card.

You can't sponsor your daughter for PR until you meet the residency obligation, so you would need to wait until at least 2 years after arriving back in Canada permanently, before you can attempt to sponsor her. Attempting to sponsor her sooner could result in not only her application being denied, but you also having your PR revoked.

 

[Leon]

As Rob_TO said, unless your wife is a citizen, what you want to do would be difficult at the best of times.

First you would have to pack up and return to Canada. If you manage to enter without being reported, you would have to stay for a full two years before you have met the residency obligation, brought your PR back into good standing and can sponsor your child. During this time, your non-PR daugther would have to wait in your home country. Your spouse and the child who is PR could come with you but none of you can leave for 2 years because it would be a great risk to your PR if you leave and try to return.
During this time, your PR cards will expire which shouldn't be a problem if you are already set up with health care, drivers license and jobs before it happens.

If you get reported on entry, there is no point in appealing because you seem to have stayed outside because of your good job and not because of humanitarian grounds. In that case, you could accept the loss of your PR and see if you qualify to apply again if you are interested.

 

[Leon]

While leaving Canada there is no immigration? How they will track our stay in Canada?

They have their ways. They have access to airline passenger lists when they want to and they work with some other countries immigration, for example if you travel through the US on your way out.

 

[scylla]

They have their ways. They have access to airline passenger lists when they want to and they work with some other countries immigration, for example if you travel through the US on your way out.

Agreed. Very easy to track.

 

[Rob_TO]

While leaving Canada there is no immigration? How they will track our stay in Canada?

They could just ask you "how long have you been outside Canada?". Would you recommend to lie to a CBSA officer? Do that and you could be in more trouble then just having PR status reported.

 

[jelo80]

They could just ask you "how long have you been outside Canada?". Would you recommend to lie to a CBSA officer? Do that and you could be in more trouble then just having PR status reported.

I will never lie !!
my wife does not have a citizen

I am planning to go their and get my PhD degree , I got acceptance letter for my PhD degree from one of Canadian university
what is your advise?
also; my little daughter must go with me , ca not leave her alone
note that I got my master from Canada and staid in Canada for 18 month before I get the PR card not sure if that will help

if I violated the PR residency obligation ( I did not staid in Canada for three years) , does that mean I lose the my chance to be a Canadian ? any chance to fix that ?
should I submit a new application to be landed immigrant ?

Thanks a lot

 

[Rob_TO]

what is your advise?

I already explained what may or may not happen in my post above.

also; my little daughter must go with me , ca not leave her alone

If she is a PR also then she can enter Canada with you with a valid PR card.
If she's not a PR, then she will need to apply for and be approved for a TRV to go to Canada as a visitor. If they don't approve her TRV, she can't go.

note that I got my master from Canada and staid in Canada for 18 month before I get the PR card not sure if that will help

No that is irrelevant.

if I violated the PR residency obligation ( I did not staid in Canada for three years) , does that mean I lose the my chance to be a Canadian ? any chance to fix that ?
should I submit a new application to be landed immigrant ?

Again I explained this above. You would need to not be reported upon entry, and then stay in Canada 2 straight years to restore your PR status.

If you are reported and lose your PR status, you can try to apply again if you still qualify. Though once you lose PR status you may be forced to leave the country.

 

[VISA02]

Dear,
Need your advice, my status as the following
I got my master degree from Canada
Married with 2 daughters
My PR Card will expired in May,2015
One of my daughters does not has PR Card
After I landed and came to UAE, I never been in Canada
Currently work in UAE, good job but no future
Your advices:
• Does my PR card still valid ? Can I use it to travel to Canada? How can I do that ?
• Do you advise me to leave my current job and go to Canada
• How can I get PR card for my second daughter ?
Thanks

Did you file your taxes or pay tax all his years if you did than everything will be fine but if you didn't its a problem

 

[Leon]

Did you file your taxes or pay tax all his years if you did than everything will be fine but if you didn't its a problem

It is not enough to file or pay taxes in Canada. In order to meet the residency obligation for your PR, you must physically have been in Canada for at least 730 days in any 5 year period after getting your PR.

There are however 3 possible exceptions to that, one is if you are hired in Canada and posted to a full time position outside Canada by your Canadian employer, another if you are married to somebody who is in the first situation and you are accompanying them outside Canada, the 3rd if you are accompanying your Canadian citizen spouse outside Canada.

 

[jasguddu]

HI guys , Me and my wife came to Canada in Year 2007 on student visa and then after our studies we got work our work permit in year 2008 . Further down the lane we got further work visa extensions and hence applied for our immigration also during that period of 2008 . We both got married in Canada only in year 2008.
In year 2010 February we received our immigration for Canada .In the month of June 2010 we had to move back to our country due to some family issues . During our stay in India ,we also have had a baby in December 2012.
Now in October 2014 , My wife has moved to Canada with our baby (Luckily our baby got the visitor visa )and my wife was also allowed to enter back in to the country (Canada)after such a long time .
Our (me and wife ) immigration will be ending March 2015 .
I have also come to Canada last week .My wife has decided to stay back in Canada with our baby . She has found a job too .
For me , I am finding it difficult to close my business in India .we both want to retain our immigration status and procure Canadian citizenship .
We have no clue what to do .
How can we both maintain our status .

 

[newtone]

I strongly suggest you stay in UAE. Good job with no future is always better than no job and dull future

 

[Leon]

HI guys , Me and my wife came to Canada in Year 2007 on student visa and then after our studies we got work our work permit in year 2008 . Further down the lane we got further work visa extensions and hence applied for our immigration also during that period of 2008 . We both got married in Canada only in year 2008.
In year 2010 February we received our immigration for Canada .In the month of June 2010 we had to move back to our country due to some family issues . During our stay in India ,we also have had a baby in December 2012.
Now in October 2014 , My wife has moved to Canada with our baby (Luckily our baby got the visitor visa )and my wife was also allowed to enter back in to the country (Canada)after such a long time .
Our (me and wife ) immigration will be ending March 2015 .
I have also come to Canada last week .My wife has decided to stay back in Canada with our baby . She has found a job too .
For me , I am finding it difficult to close my business in India .we both want to retain our immigration status and procure Canadian citizenship .
We have no clue what to do .
How can we both maintain our status .

You have to stay in Canada if you want a chance of maintaining your status. Did your wife already apply to sponsor your child for PR? She can expect that she may be called in for an interview to explain why she did not meet the residency obligation. If her family reasons are accepted, she may get to keep her PR. It would be better for both of you not to apply to renew your PR cards until you meet the RO of 2 years in Canada in the past 5, even if you have to let your cards expire.

It is also possible if you wife keeps her status and puts it back in good standing by staying two years that she can sponsor you for PR again if you lose yours but this could mean being separated for a while as after you lose your PR, you have no guarantee that you will be granted a visit visa to visit her.