PR expiring in a couple of months- have job offer-residing outside Canada

[waqas43]

I have heard of a lady who had not noticed that her PR card was expired as she went on vacation. She did get a stern talking to when she came back but they did let her in. She did however meet the residency requirements and was residing in Canada.

I have also heard of a man who had PR when he was a child and had long since lost it as his family had moved to the US. He wanted to take a vacation in Canada and the immigration officers gave him a hard time saying that he has lost his PR and that he needs to talk to the Canadian embassy where he lives in the US about officially renouncing his PR. They did however not offer him just to report him for not meeting the residency requirements so he would lose it that way. He was allowed to enter Canada for his vacation. If this man had his landing documents, he might have been able to use them to get a SIN card and with that get a job in Canada. He still would have been a PR because his PR status had not officially been revoked. He could have stayed for 2 years and then applied for a PR card and they would not have been able to refuse him. However, without a valid PR card, you might have a problem, at least in some provinces, to get health care and a drivers license.

I believe they can not refuse a PR entry to Canada. Even if they believe they have lost their PR status, they can report them but must allow them in in order to appeal. The longer the person has been away from Canada, the more likely I think it is that they would get reported and an expired or no PR card might make that even more likely but still, nothing is certain.

I also remember a PR son of a family that was living in Canada. The son was studying overseas and had not yet lost his PR as he still had a chance to meet the residency requirements within the 5 years but an overzealous immigration officer took his PR card from him and told him he had lost his PR. He still let him enter Canada however. This is of course not according to the rules. If he wanted to, I am sure he could have reported the immigration officer and he could have applied for a new PR card and they would have given it to him. I do not know if he did.

Dear Leon
I v been a silent reader and a big fan of your inputs. What i wanted to ask might be better explained by the following scenario:

Family XYZ has not met the residency obligation, though, their PR cards are valid for another 8 - 10 months
Upon their return to Canada after 1 year and 10 months from their last visit, immigration officer ascertains that they have not met the residency obligation as PRs and initiates the PR cancellation procedure (by handing over some form to the family i assume as read here).
Now the family has 30 days to file their PR renewal based on Humanitarian Ground.
I have 2 questions here:

a. Do you have any idea how long, on average, it takes for the Humanitarian ground based PR renewal applications' decision by the immigration officer
b. Does the applicant need to remain inside Canada during the time this Humanitarian ground based application is under process

I hope you got the situation. It is basically about someone who has not met residency requirement, still has a valid PR card, is employed outside Canada, wants to relocate back to Canada, but doesn't want to risk his / her job for something ucertain or less likely.

Your response shall be much appreciated.

God bless

 

[PMM]

Hi

Dear Leon
I v been a silent reader and a big fan of your inputs. What i wanted to ask might be better explained by the following scenario:

Family XYZ has not met the residency obligation, though, their PR cards are valid for another 8 - 10 months
Upon their return to Canada after 1 year and 10 months from their last visit, immigration officer ascertains that they have not met the residency obligation as PRs and initiates the PR cancellation procedure (by handing over some form to the family i assume as read here).
Now the family has 30 days to file their PR renewal based on Humanitarian Ground.
I have 2 questions here:

a. Do you have any idea how long, on average, it takes for the Humanitarian ground based PR renewal applications' decision by the immigration officer
b. Does the applicant need to remain inside Canada during the time this Humanitarian ground based application is under process

I hope you got the situation. It is basically about someone who has not met residency requirement, still has a valid PR card, is employed outside Canada, wants to relocate back to Canada, but doesn't want to risk his / her job for something ucertain or less likely.

Your response shall be much appreciated.

God bless

1. About 8 - 12 months for the Appeal Hearing.
2. You leave Canada, then you then have demonstrated that there isn't very much H.& C.

 

[Leon]

When you are in the forementioned situation, you can try to go back and see if they let you in without reporting you. If they do, you must stay for at least 2 years without leaving to bring your PR back in good standing. However, if they do report you, you could decide that you will not fight it.

As for your job in old country, it is kind of hard to deal with that when you don't know what will happen. Do you tell your employer you are going on vacation and if you get in, simply not return and leave him on bad terms? Or do you tell him beforehand that you are quitting in which case your job may not be open to you any more if you get reported and return right away? Or do you ask him to understand and keep your job open and not train a new person until you know?

 

[waqas43]

When you are in the forementioned situation, you can try to go back and see if they let you in without reporting you. If they do, you must stay for at least 2 years without leaving to bring your PR back in good standing. However, if they do report you, you could decide that you will not fight it.

As for your job in old country, it is kind of hard to deal with that when you don't know what will happen. Do you tell your employer you are going on vacation and if you get in, simply not return and leave him on bad terms? Or do you tell him beforehand that you are quitting in which case your job may not be open to you any more if you get reported and return right away? Or do you ask him to understand and keep your job open and not train a new person until you know?

Thanks for the prompt reply. In light of the above responses, i think H&C is out. However, i am luckily in a position to take my boss into confidence for the sake of giving it a try, if i decide to do it at all. So, it is basically dependent on the immigration officer at the port of entry to report it or not at the time of letting you IN. Fair enough.

Well that leads to the next question ....... Which port of entry (by air or by road) has the most H&C immigration officers ......

Dat also reminds me of a good old quote ...... If a vegeterian eats vegetables, what does a humanitarian eat ...... cheers

 

[Leon]

Oh, I do not know which port of entry has the nicest IO's. I am sure everybody would want to know but it can depend on whose shift it is or who you end up with of the people who are working that shift as well as if they are having a good day or not