PR expired but need your help on this situation !!!!

[cfabian]

Hello forum members,
My situation I know is somewhat complex, but need to know your upinion on how to renew PR or the avenues I have to get back to Canada.

My wife and I had a PR status in 2006. Were living there since 2002, but returned to our country as we were forced to because our visas were to expire, and didn't have the PR status yet. When we got the PR status, did the landing, but couldn't move because she was pregnant, and blah blah blah. For this reason, we do not meet the residency obligation.

Our PR cards are more than 1 yr expired, and really looking into going to Canada for good. We know it is the PR car the one expired, and have the PR status, but as we don't meet the residency obligation, we cannot renew PR cards on the easy way.

Ever since we came back to our country, my wife has been working representing some Canadian organizations, without a job contract, but she has all supports to prove she's been working with them, all the way from thousands of emails, contracts for each closed business, payments, etc.

My question here is if it would be possible that her activity can be couted for as an excemption to meet the residency obligation?

What other avenues you think we can have to retain the status, or as a last resource, re-apply?

In case of re-applying, can it get any easier or quicker to get the status back?

Many thanks

 

[scylla]

Ever since we came back to our country, my wife has been working representing some Canadian organizations, without a job contract, but she has all supports to prove she's been working with them, all the way from thousands of emails, contracts for each closed business, payments, etc.

My question here is if it would be possible that her activity can be couted for as an excemption to meet the residency obligation?

Unfortunately it definitely will not be possible for this activity to be counted towards the residency obligation. In order for this time to count, she would have had to have been hired in Canada for a job in Canada - and then at a later date transferred to a role outside of the country.

Apart from applying again from scratch, your only option is to somehow enter Canada without being reported for failing to meet the residency obligation and then to live in Canada for two years straight (without leaving for even one day) - and then apply to renew your PR cards. However you wouldn't be able to sponsor your child/children for PR until you once again meet the residency obligation.

 

[cfabian]

Unfortunately it definitely will not be possible for this activity to be counted towards the residency obligation. In order for this time to count, she would have had to have been hired in Canada for a job in Canada - and then at a later date transferred to a role outside of the country.

Apart from applying again from scratch, your only option is to somehow enter Canada without being reported for failing to meet the residency obligation and then to live in Canada for two years straight (without leaving for even one day) - and then apply to renew your PR cards. However you wouldn't be able to sponsor your child/children for PR until you once again meet the residency obligation.

Thanks a lot for your input. It definitely is very risky, as cannot leave the country without the certainty that we are able to enter Canada.

The other huge consideration is our children.

So, in your opinion, it is to start a new process as a whole family? To start it is it needed to write a letter, or inform CIC to void our current PR, or how does it work? Or have to do nothing and just apply?

Do we have better chance to get the new status, or such?

Many thanks

 

[SenoritaBella]

This is no guarantee either but if you and your wife can get a US visa, you can try to enter Canada by car(rental car ). You guys would only need your COPR(confirmation of permanent residence in this case. Also, better not to travel by commercial means(plane, bus, boat, ship) from the US, as you will need a valid PR card for that.

At the border, it's still possible the officer could look up your information. If they notice that you don't meet residency obligations(RO), they could report you or if you are very lucky(not likely), a very stern warning. If they report you, they will tell you and still have to let you in the country. You will have 30 days(I believe) to file an appeal and provide reasons why you should not loose your PR status.

Now, one of you can do this first and see if successful and then the other can follow. The problem will be your children, as they would need a TRV(temporary resident visa) to enter Canada which is pretty hard to get. It will be difficult to satisfy the officer that your children will leave Canada at the end of their visit. You don't meet RO, so applying for any type of visa is likely to draw attention to this fact.

There are no guarantees this will work.

If you guys really want to come back to Canada, it may mean leaving your children behind and not seeing them for at least 2 years straight.

 

[Msafiri]

cfabian,

If you are from a country that is visitor visa exempt for Canada e.g. most of the EU, US etc then you can fly to Canada and take your chances with the agent at the border. Sometimes they will mistakenly admit you as a visitor. If you are not visitor visa exempt then try the via US route as per SenoritaBella. If you get in without being reported then hang tight for 2 years - no travel, PR Card application, sponsorship. Given your situation most couples try with one person first so the other parent remains behind with the kids.

Re-applying is the other option. You have to relinquish your PR. Best way is to apply for a Travel Document as this involves a review of your residency obligation to have physical presence of 730 days in the 5 years prior to the application date. You need to state you are in breach and waive all appeal rights. Visa office will deny your TD and report you which is the formal process to cancel your PR. If you don't appeal in 60 days then PR status cancelled - you still get this option so that CIC complies with the law. Note that as per case law and ongoing operational practice minors can usually get their TD applications approved when they apply to return to Canada when they reach majority age say 18 on the grounds they were removed without their say so. For this reason do not include your kids in the TD application or make it clear they are not applying for the TD so they have a chance later on in life to apply (the rules may have changed by then).

You should check the cic website for current immigration routes. It may be best to go via the foreign worker route to PR. If you can get a job in Canada based on your skill set then you can apply for a work permit via your employer and submit this with the TD application. Once in the job for a set number of years then you can apply for PR. There are also provincial nomination options based on obtaining education in Canada.

A new PR application in the skilled worker class will involve background checks, medical checks etc. If you fail this then no visa so make sure there are no inadmissibility issues. You should really try to get in without report and if this fails try the other routes. The risk of family separation is real but this as harsh as it sounds is self inflicted - the residency obligation is a weak 40% (2/5) that a breach is plain asking for trouble.

 

[cfabian]

Thank you all for your inputs.

To this point, I believe that the best option would be to RE-apply to the PR as a whole family. My kids are young and cannot take the chance of staying apart for any circumstance. Besides, I might be needing to travel back to my country, as in my plan is to keep up with the business.

If my wife's activites cannot be counted for residency obligation, then RE-applying is the best option.

The question now would be how to RE-apply? A new application revokes the previous? What would be the process?

Can CIC make considerations about us already having the PR status for our new application?

We are clear for checks, have masters degree from a Canadian university, have family up there, young kids, etc.

What is the approx processing time?

Best

 

[scylla]

The rules / qualifications have changed since you last applied. You will have to read through the programs available in the link below to see if you qualify to apply. Based on the information you have provided so far, it is not possible to say if you qualify to apply again for PR.

http://www.cic.gc.ca/english/immigrate/apply.asp

Before you apply for PR again, you will have to officially relinquish your old PR status.

CIC will make no considerations about you already having the PR status for your new application. You will be treated the same way as any other applicant.

Processing times vary depending on the program you select and your country of origin. You can find processing times from the following page of the CIC site:

http://www.cic.gc.ca/english/index-int.asp

 

[cfabian]

Thanks again for your valuable input.

If applying again, can I do so as "Canadian Experience Class"?

I studied a master degree of 2 yrs in Canada, and my wife worked full time for over a year. This was back in 2004.

Many thanks in advance

 

[Leon]

You can't apply under CEC because your work experience is too old, see http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp You need 1 year work experience in the past 3.