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PR do not meet Residency Obligations

Almost_Canadian

Star Member
Dec 2, 2015
133
17
@Leon. My friend was only visiting and had no intention to stay. That's why he applied for the eta. But I can see your point regarding what he could have done if he wanted to retain the PR.
 

Loyal2016

Star Member
Mar 23, 2016
96
1
Hello friends

Thanks a lot for all these clarifications.

I still want to confirm if my wife apply for university and my PR has expired.

Will it have any negative impact on me.

I also secured a job in Canada.

Anything my employer can do so that I can my wife can join me here.

I am trying to find the most secure way for her to join me.

You valuable advice will be highly appreciated.
Loyal2016
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Loyal2016 said:
Hello friends

Thanks a lot for all these clarifications.

I still want to confirm if my wife apply for university and my PR has expired.

Will it have any negative impact on me.
She can certainly apply for a study visa to attend university here over the time until you are back in compliance with the RO and can then apply to sponsor her. If approved, she will need to pay international student fees. There will be no negative impact to your own PR status.

I also secured a job in Canada.

Anything my employer can do so that I can my wife can join me here.
No, probably nothing your work can do.

I am trying to find the most secure way for her to join me.
Can always apply for a regular TRV as well, though even if approved that may only prove to be temporary depending how many time you could renew it.
 

Loyal2016

Star Member
Mar 23, 2016
96
1
Hello Guys

I do remember when you applying for a visa.There is a question.

Do you have an immediate relative in Canada.

I am worried whether this might be an issue for me,since my PR is not valid.

Your guidance is appreciated as always.

Loyal2016
 

iammasum

Member
Jul 19, 2014
12
0
Hello everyone,

I am Mohammad Masum Billah.I am from Bangladesh. I already have visited Canada (April 22, 2016 - May 8, 2016). Now, I am in Japan. My wife and me is doing our PhD in Japan. My wife is Japanese government scholarship and I am privately financed. Our PhD will end on 2019. So, now I am afraid about the PR residency obligation. I think that as I have entered on April, 2016 my PR card will expire on April, 2021. So, if we enter canada on 2019 ( may be December) we will not be able to maintain the 730 days. So, how can we renew our PR? What will happen to our PR as we don't meet the requirements?? Please give me some suggestion.
 

Leon

VIP Member
Jun 13, 2008
21,950
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iammasum said:
Hello everyone,

I am Mohammad Masum Billah.I am from Bangladesh. I already have visited Canada (April 22, 2016 - May 8, 2016). Now, I am in Japan. My wife and me is doing our PhD in Japan. My wife is Japanese government scholarship and I am privately financed. Our PhD will end on 2019. So, now I am afraid about the PR residency obligation. I think that as I have entered on April, 2016 my PR card will expire on April, 2021. So, if we enter canada on 2019 ( may be December) we will not be able to maintain the 730 days. So, how can we renew our PR? What will happen to our PR as we don't meet the requirements?? Please give me some suggestion.
It does not matter when your PR card expires but the first 5 year period in which you must meet the RO (residency obligation) is your first 5 years as a PR from April 22, 2016 until April 22, 2021. When you enter Canada in 2019 and you can not meet the RO and the immigration officer realizes that you can not meet the RO, they can report you. If they don't report you, you can enter Canada as a still PR, let your card expire and do not leave Canada or attempt to renew it until you have 2 years in Canada. At this point, you meet the RO again and can renew your card.

If you do get reported, you could appeal but since you don't have H&C grounds, you might not have very good odds. However, the appeal processing time can take 1-2 years, maybe even longer and if you use that time to settle in Canada, it may help you with your appeal hearing. Otherwise, if you lose the appeal, you lose your PR and will be asked to leave.
 

Loyal2016

Star Member
Mar 23, 2016
96
1
Yes I am in Canada.

But I do remember when you applying for a visa.There is a question.

Do you have an immediate relative in Canada.

I am worried whether this might be an issue for me,since my PR is not valid.

Your guidance is appreciated as always.

Can you please advise on this aspect.Thank a ton.

Loyal2016
 

iammasum

Member
Jul 19, 2014
12
0
Leon said:
It does not matter when your PR card expires but the first 5 year period in which you must meet the RO (residency obligation) is your first 5 years as a PR from April 22, 2016 until April 22, 2021. When you enter Canada in 2019 and you can not meet the RO and the immigration officer realizes that you can not meet the RO, they can report you. If they don't report you, you can enter Canada as a still PR, let your card expire and do not leave Canada or attempt to renew it until you have 2 years in Canada. At this point, you meet the RO again and can renew your card.

If you do get reported, you could appeal but since you don't have H&C grounds, you might not have very good odds. However, the appeal processing time can take 1-2 years, maybe even longer and if you use that time to settle in Canada, it may help you with your appeal hearing. Otherwise, if you lose the appeal, you lose your PR and will be asked to leave.
Thank Leon for your response regarding my problem. can you please tell me if I enter Canada again on 2019 December, what percentage is the chance the immigration will report me??? Is there any option so that I can inform CIC now about the situation?? please let me know and also please give me the email address of CIC
 

nope

Hero Member
Oct 3, 2015
301
52
iammasum said:
Thank Leon for your response regarding my problem. can you please tell me if I enter Canada again on 2019 December, what percentage is the chance the immigration will report me??? Is there any option so that I can inform CIC now about the situation?? please let me know and also please give me the email address of CIC
There is no chance you can inform CIC now, and there is no way to estimate the probability that you will get through. It will depend on how you present yourself, on the specific details of your case, on the border officer you get, recent CIC guidance on people in your situation, and what kind of day they are having.
 

Leon

VIP Member
Jun 13, 2008
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nope said:
There is no chance you can inform CIC now, and there is no way to estimate the probability that you will get through. It will depend on how you present yourself, on the specific details of your case, on the border officer you get, recent CIC guidance on people in your situation, and what kind of day they are having.
Agreed. Nobody can tell you the probability of being reported and you can not apply for permission to not meet the RO beforehand. If you can meet the RO, you should. If you absolutely can't, you have to take your chances and risk losing your PR.
 

oelehc

Newbie
Jun 15, 2016
6
0
Hi! I have some questions and need advices coming from you. We (my husband, me & my son) were Immigrant landed in Canada last November 2012, holding a Canadian Permanent Resident Card and after 2 months we went back home to our country Philippines for a reason that my husband need to go back to his work in Saudi Arabia to finished his contract. Still we are in the Philippines and we are planning to move back in Canada before our Permanent Residency expire. Do we chance and possibility to go back and stay permanently in Canada. What documents we need to provide in order for us to go back at the earliest time.

Hope you can help and advise us regarding this matter. I'll be waiting for your prompt reply.

Thank you so much.
 

Loyal2016

Star Member
Mar 23, 2016
96
1
Hello

As per my understanding,even if you enter Canada today you will not meet the Residency Obligations.

As for my case I was able to enter.However it is 50-50 chance.

I just had my PR and of course a valid Passport.

Maybe the VIP members will be more knowledgeable on this.

Loyal2016
 

Leon

VIP Member
Jun 13, 2008
21,950
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oelehc said:
Hi! I have some questions and need advices coming from you. We (my husband, me & my son) were Immigrant landed in Canada last November 2012, holding a Canadian Permanent Resident Card and after 2 months we went back home to our country Philippines for a reason that my husband need to go back to his work in Saudi Arabia to finished his contract. Still we are in the Philippines and we are planning to move back in Canada before our Permanent Residency expire. Do we chance and possibility to go back and stay permanently in Canada. What documents we need to provide in order for us to go back at the earliest time.

Hope you can help and advise us regarding this matter. I'll be waiting for your prompt reply.

Thank you so much.
So if your husband is working in Saudi Arabia and you are not there with him, what is stopping you from living in Canada now?

Unfortunately, if you don't meet the RO (residency obligation) there is no guarantee that you get to keep your PR. Your best bet is to return to Canada as soon as you can. Hope you don't get reported on entry. Stay for 2 years without leaving or without applying for anything. At this time, you meet the RO again and can apply to renew your PR card.

If you do get reported on entry, you can appeal but you don't have H&C (humane&compassionate) grounds for not being able to meet the RO so you don't exactly have good chances to win your appeal in that case.