PR maintenance obligation and entry

[grouvvy]

Dear Leon,
I need some expert advice from you. I got PR in June 2011 and we were there in Canada for almost a year. My son, a minor, wants to study and settle down in Canada. To maintain his PR, we have identified a Legal Custodian who will take care of him. I realize that I personally will not be able to fulfill the requirements of PR maintenance even though my son still meets the requirements.
Question – I plan to take my son to Canada to admit him in the High School and complete the formalities with the Custodian. Can the Immigration stop me in Airport and not allow me to enter the country if they feel that I may not be able to fulfill the requirements of 730 days in 5 years by June 2016 ? I plan to fly next month.

 

[Rob_TO]

Dear Leon,
I need some expert advice from you. I got PR in June 2011 and we were there in Canada for almost a year. My son, a minor, wants to study and settle down in Canada. To maintain his PR, we have identified a Legal Custodian who will take care of him. I realize that I personally will not be able to fulfill the requirements of PR maintenance even though my son still meets the requirements.
Question – I plan to take my son to Canada to admit him in the High School and complete the formalities with the Custodian. Can the Immigration stop me in Airport and not allow me to enter the country if they feel that I may not be able to fulfill the requirements of 730 days in 5 years by June 2016 ? I plan to fly next month.

As a PR (whether you meet the RO or not) you are guaranteed entry to Canada.

By your initial post, it appears you left Canada around April-May 2012. If that's the case, then both of you are still meeting RO if you return next month. So I don't think you need to worry. Best to carry records with you showing your last exit from Canada so CBSA can see you still qualify.

Of course as you mentioned, once you leave Canada again for an extended time, you may face difficulties in maintaining your PR RO and could eventually lose it.

 

[MIGRANT2014]

RE: RESIDENCY OBLIGATION

I am getting confuse with the 2/5 residency obligation. Does this mean that having a PR status, i must stay in the province that nominated me for two years (in total) out of the 5 years given. And in order to apply for citizenship, I must have stayed in Canada for 3 years? After the 2 years, does this mean we can move to another province (if we so decide)? Thanks

 

[CanV]

Re: RE: RESIDENCY OBLIGATION

I am getting confuse with the 2/5 residency obligation. Does this mean that having a PR status, i must stay in the province that nominated me for two years (in total) out of the 5 years given. And in order to apply for citizenship, I must have stayed in Canada for 3 years? After the 2 years, does this mean we can move to another province (if we so decide)? Thanks

As a PR you are free to live and work anywhere in Canada. 2/5 to maintain PR status, 3/4 to apply for citizenship now, 4/6 to apply for citizenship at a later unspecified date.

 

[MIGRANT2014]

Re: RE: RESIDENCY OBLIGATION

As a PR you are free to live and work anywhere in Canada. 2/5 to maintain PR status, 3/4 to apply for citizenship now, 4/6 to apply for citizenship at a later unspecified date.

Oh i see. I just arrived in Winnipeg Nov 2014 with PR status, this means i can apply for the citizenship after 3 years if i stayed here straight? I do not have plans of staying outside Canada without completing the required number of years so i can file my citizenship early.

 

[dpenabill]

Re: RE: RESIDENCY OBLIGATION

Oh i see. I just arrived in Winnipeg Nov 2014 with PR status, this means i can apply for the citizenship after 3 years if i stayed here straight? I do not have plans of staying outside Canada without completing the required number of years so i can file my citizenship early.

If you just settled in Canada in 2014, for citizenship the four years in six requirement will apply. (Revised residency provisions will be in force this year, long, long before you will be eligible, and will thus apply to you.)

 

[Sharma 73]

Hello...needed some urgent advice regarding PR card...I landed in Canada in Dec.2009 and stayed for approx 45 days then went back to India where I was doing my Senior Residency as I am a doctor...however I visited Canda twice after that for brief periods of 15 days only...my PR card states expiry on 21 Jan 2015..
So now what next must I do....will it be renewed or will surrender of the same help me in maintainging the cordiality with the country immigration system? Also must I apply for the express entry or can I travel to Canada still?

 

[dpenabill]

Hello...needed some urgent advice regarding PR card...I landed in Canada in Dec.2009 and stayed for approx 45 days then went back to India where I was doing my Senior Residency as I am a doctor...however I visited Canda twice after that for brief periods of 15 days only...my PR card states expiry on 21 Jan 2015..
So now what next must I do....will it be renewed or will surrender of the same help me in maintainging the cordiality with the country immigration system? Also must I apply for the express entry or can I travel to Canada still?

If I understand correctly, you have been present in Canada approximately 30 days total in the last five years (recognizing that presence for 45 days at end of 2009 and beginning of 2010 is more than five years ago) and you do not have a currently valid PR card. If this is your situation, you will need strong H&C grounds to either (1) obtain a PR Travel Document authorizing you to board transportation destined for Canada, or (2) to avoid the issuance of a Removal Order at the POE when you attempt to enter Canada (if somehow you can reach a Canadian POE without a valid PR card or a PR Travel Document). If you apply for a PR Travel Document and that is denied (probable outcome), you will lose PR status unless you appeal and win the appeal. If you are able to reach a Canadian POE notwithstanding the lack of a valid PR card, it is highly likely you will be reported and issued a Removal Order, which likewise must be appealed and the appeal won or otherwise you lose PR status.

Re-applying for PR will require you to conclusively terminate your existing PR first. Fairly easy to do, but something you need to do if you plan to make another application for PR pursuant to the express entry process.

 

[Sharma 73]

Thanks for your email. ..valuable inputs....I wanted to request for information as to how do I go about to surrender the PR card....and also will it affect my bank account that I have in Canada...

 

[Sharma 73]

Thanks for your email. ..valuable inputs....I wanted to request for information as to how do I go about to surrender the PR card....and also will it affect my bank account that I have in Canada...

 

[dpenabill]

Thanks for your email. ..valuable inputs....I wanted to request for information as to how do I go about to surrender the PR card....and also will it affect my bank account that I have in Canada...

There were indications of amendments to the law and practice being implemented to facilitate a simple surrender of PR status at Embassies or a POE. My sense is this is available but I am not familiar with the process. Contact the Embassy for where you are located and they should explain what you can and should do.

Otherwise, it is fairly simple to apply for a PR Travel Document which presumably will be refused (or you could make your best argument for why you should be allowed to retain PR status), and 30 days after the application for the PR TD is refused your PR status is conclusively terminated and you would be eligible to apply for a visitor's visa or PR visa via Express Entry, and so on.

Other alternative, if for example you are able to travel via the U.S. and approach the Canadian border at a land crossing by private vehicle, you could surrender PR status at the border which, barring other admissibility issues, should result in you getting a six month visa to enter Canada.

Similar to the making H&C arguments (reasons why you deserve to retain PR status) in the TD application, you could make those arguments at the POE, and if the POE officer allows you to enter on that basis your PR status is retained. Not likely, but possible. Alternatively, the more likely scenario, is that the encounter at the border results in the issuance of a Removal Order and you will then be allowed to enter Canada, in which case you continue to be a PR . . . but you must appeal the Removal Order or it takes effect and PR status is then lost . . . if you appeal, you retain PR status during the appeal. Odds of winning appeal probably very low. So eventually this would result in loss of PR status as well.

None of this , either way, should have any impact on your Canadian bank accounts.

 

[Leechina]

Hi everyone,

My application for permanent resident card renewal has gone into secondary processing.
I don't have a copy of application but I think there are few mistakes on my application.
I had a rough draft with me.
1. Port of entry was calgary and I have written Calgary but province British Columbia.....I don't know how it happened.
2. There is one day error in entry date of my wife.
3. I am not sure about the counting of dates too.
4. My daughter went with us to USA by road and that time passport his passport was expired.We didn't notice that .Also CBSA officers on USA border didn't notice that.They even gave him I94 on the same passport .he went and came back after a day on the same passport.
What should I do with so many mistakes?
These were not intentional but are they dangerous?
I am very very nervous.
Should I withdraw my application or continue?If I continue,what can be the consequences?
If I withdraw,will I be allowed to?And how many days it takes averagely to withdraw an application.
Please please help me .....answer my questions anyone?
Also I want to know how long does withdrawal take place?

 

[Leechina]

Anybody can help?

 

[CanV]

Hi everyone,

My application for permanent resident card renewal has gone into secondary processing.
I don't have a copy of application but I think there are few mistakes on my application.
I had a rough draft with me.
1. Port of entry was calgary and I have written Calgary but province British Columbia.....I don't know how it happened.
2. There is one day error in entry date of my wife.
3. I am not sure about the counting of dates too.
4. My daughter went with us to USA by road and that time passport his passport was expired.We didn't notice that .Also CBSA officers on USA border didn't notice that.They even gave him I94 on the same passport .he went and came back after a day on the same passport.
What should I do with so many mistakes?
These were not intentional but are they dangerous?
I am very very nervous.
Should I withdraw my application or continue?If I continue,what can be the consequences?
If I withdraw,will I be allowed to?And how many days it takes averagely to withdraw an application.
Please please help me .....answer my questions anyone?
Also I want to know how long does withdrawal take place?

Relax, anyone can go thru secondary, it just means additional proof required and additional processing time. Nothing to worry about if you meet residency requirements. How do you know your application went thru secondary, did they send you something? Whatever they request, send them. If you dont have it, attach a letter and explain.

 

[fadimadi]

hello need urgent advise
I landed in Sep 2013 and stayed there for a month . I am planning to go and live in canada next year to ensure that I have enough days ( 730 days ) to renew my card.
first question : do I need to fly to canada every six month
second question : if i stay for 2 years then renew my card , do they count the 2 years for me or I have to start again ?

Thanks in advance