PR obligations (minor studying abroad, divorced parents still together abroad)

[shirleyw]

Hi,
I have read a few posts in the forum, and I find the information very useful. I hope you will be able to help me and let me know what are some remedies available for my case.

I am 21, landed as permanent resident(my mom married a canadian citizen) when I was 17 (august 2005) for 1 year until July 2006.
Within that year, the marriage broke down as my stepdad had an affair and was in debts, and my mom filed a divorce in July 2006.
I left Canada with my mom in July 2006; I was 18, my parents could not finance my university studies in canada (my stepdad refused to assist in my OSAP application), and I had to seek affordable education possibilities abroad.

Now, I am still studying abroad and therefore cannot return to Canada yet. I will graduate in July 2010, which is also when my PR card is about to expire.
My mom has remained outside Canada the entire time; while my stepdad (canadian citizen) also returned to the same country where my mom's at; they were divorced but their relationship went on and off.

I wish to maintain my PR status, and return to Canada when I graduate(before my PR card expires). I would like to know if it is still possible for me to continue my permanent residence status, and whether if my PR obligations are met due to the following...

1.) a.) I am under 22 of age; Besides the 11 month I spent physically in Canada, I have spent more than 1 year time with my mom (PR) outside of Canada. Which when added to the 11 month, will be more than 730 days that are required in 5 years.

b.) However, I know my mom's PR obligation fulfillment might be in question.. and I would like to know, if she can still count her days outside Canada "accompanying a canadian citizen as spouse/common law partner", because they are actually divorced (will this be reflected easily in the CIC/border control at airport?);
c.) and if they don't recognize the marriage anymore, can they still claim to be "common law partners"? As they were on and off in a relationship... How are they required to prove this?

2.) In case my mom's PR status is taken away, does that mean that mine will also be in question, as the PR parent I accompanied "did not follow her PR obligation"?

3.) a.) As I have read in certain threads in this forum that if one gets into Canada without being challenged for PR status , then as long as he fulfills the 2 years in 5 year PR obligations, renewal of PR card should be no problem. Can a PR enter Canada without presenting the PR card, just using a normal passport as a normal visitor then stay for 2 years?
b.) will entrance be allowed without checking for PR status? will the PR record be shown in the system when they check the passport in the airport?

Thank you for your time and kind help in advance; I really look forward to reading your reply.
I am thankful to have found this forum as I do not know where else I could go to for help, I was at the Canadian embassy but was just told that anything to do with PR cards will be handled only in Canada and was sent away. Thanks again for helping many lost PRs abroad all over the world like myself, this means a lot to us.

kind regards,
Shirley

 

[Leon]

1. a. As a dependent child accompanying a PR who is keeping the residency requirement, your time with your mom while she was keeping the requirements should count as time spent in Canada.

1. b. They are not married anymore.

1. c. If they have gotten back together and are living together for more than 12 months, they could count as a common law couple but they might have to prove they have been living together for that amount of time.

2. In addition to 1.a. since your mother failed the residency requirements, immigration might decide that instead of counting the time you spent with her until she lost her PR status, they might disqualify all the time you spent with her.

3. a. I do not know if it's against the law for a PR to enter without showing the PR card. I would assume that it is because you are coming essentially as a tourist, letting them think you are a tourist, getting your passport stamped as a tourist, getting registered as a tourist in the system when you are really PR and intending to stay.

3. b. Immigration will have some info on you in the system. How much, nobody knows. They may be able to see when you came to Canada in the past, not when you left. They may ask you how long you were gone and what you were doing. There is a little customs form that you fill out where you also have to answer how long you were gone. There still seem to be many people who get into Canada somehow having lost their PR status due to residency requirements.

 

[shirleyw]

Thank you for your quick reply!

Regarding 1.c.)
-What proof may be necessary in proving that they are living together for 1 year +? (For example, documents? )

-Also, a question about calculation of days in that case...
If, for instance, they have lived together outside Canada for 14 months, then 14 months will go directly towards the calculation of "days spent with canadian common-law partner abroad", is this correct?

Regarding 3,
-The risks are quite high to just arrive and get questioned about my PR obligation fulfillment; but I wouldn't risk lying to immigration...
Will arriving by car from US be a solution in my case? Since I heard that PRs can enter Canada by car legally without showing PR cards.

-Also, I've heard that they should let a PR into Canada as long as the PR card is valid, the PR Obligations are important for renewing the PR card, and not for determining whether a PR can enter Canada(except when PR card is expired/lost)? Is this true? I am quite confused about this still.

Thank you again in advance!

 

[Leon]

For common law partners to prove that they live together they would have mail/bills sent to the same address. They might have joint bank accounts and utility bills. They are probably both on the lease of their apartment etc.

If they were living together as common law partners, then yes, that would count for your mom as time spent in Canada.

I've heard that arrving by car, you get less questions than if you arrive by plane but who knows. Arriving by car, you don't have to show your PR card but you need to show your landing papers. They may ask you in that case why you don't have your PR card.

They can at any entry point question your PR status. If they see in their system somehow or see something that makes them suspect you have lost your PR status, they can tell you that you will be allowed to enter Canada but you will have 30 days to appeal the loss of your PR by proving that you meet the residency requirements.

In a case where somebody gets into Canada without being questioned, knowing that they don't meet the residency requirements, the safe thing for them to do is stay put, let their PR card expire since no law says you have to have a valid PR card at all times, and only apply for a new one when 2 years have passed and they meet the residency requirements again. For people who are in Canada, their PR status can only be looked at when they apply for a PR card. Immigration can not go further back in time.

 

[tegveer]

hey leon ! how can he count the time spent with her mom in his homecountry in residency obligation as she is just a PR ( not a citizen ) and not working for a canadian company ( as cic say ) even if she does meet the residency obligation because I have a very similar problem .
thanks

 

[PMM]

Hi

hey leon ! how can he count the time spent with her mom in his homecountry in residency obligation as she is just a PR ( not a citizen ) and not working for a canadian company ( as cic say ) even if she does meet the residency obligation because I have a very similar problem .
thanks

1. She doesn't meet the residency requirements, as you say, no accompanying a CC spouse abroad.
2. The OP's PR status is gone as well.

PMM