PR Obligations!

[Descriptive]

Hello There Dear Concerns:

This is Rahman here from Bangladesh. I wanted to discuss about a immigration issue of mine and need some advise from you.

First of all let me tell you about my background in brief. I was a student (Major-CS) in Canada since 2001-2006 with legal study permit and had a Job from 2007-2009 with work permit; During the job I become a Permanent Resident through Provincial Nominee in New Glasgow, NS.

I got my PR Card in the first week of October 2009, Landed in August 2009 at Maine

I left Canada at end of October 2009 and till then I'm in Bangladesh now. (for so many family issues,problems I have to stay here)

My PR Card will expire in the first week of October 2014.

I know to keep the PR status I have to stay in Canada for 3 year and what I counted that time is over to keep status I think!!

I'm planning to go back in Canada in 2014!

My Queries are: Is it possible to go back now? what could be the immigration problems to get entry in Canada? What should I do now?

Could you please help me regarding these issue and give me some positive Solution/Advise and that would be so helpful for me.

Awaiting for your valuable response. Thanking you.

Sincerely, Rahman.

 

[Leon]

It is 2 years that you would have to stay in Canada before your first 5 years as a PR are up and you have missed that.

However, it is possible if you go back before your PR card expires that immigration will let you in without being aware that you don't meet the residency obligation. If you try this, you should go to Canada ready to stay for 2 years straight because that will put your PR back in good standing.

It is ok for your PR card to expire while you are in Canada. You don't need it. Just don't leave for 2 years and don't apply for anything from immigration. Apply to renew your PR card only after you have stayed for the 2 years.

 

[Descriptive]

Leon:

Thanks so much for your reply & the correction. Yes, its 2 years not 3 years.

Should I let them know why I'm staying here for such a long time now? I mean on the phone/E-mail before I go back?
PR will expire in OCT 2014 and I can't apply for renew until 2 yrs stay in Canada. without a valid PR card I have to stay illegal!! I think
would be a problem. Please advise. Thank you.

 

[Leon]

No, you should not let them know. Just go and see what happens. If they let you enter without reporting you for not meeting the residency requirements, you just stay 2 years, then apply to renew your PR card.

If they report you, you can appeal for your PR giving your family issues as the grounds. You might lose the appeal and lose your PR but at least you have tried.

Like I said before, there is no problem staying in Canada with an expired PR card. You are not illegal because you are still a PR. You just don't have a card.

 

[Descriptive]

Thanks Leon. It sounds like it could be a problem to get in or not!! I have to take a risk!! Its not 100% sure that I can get in!! Do you
have any other idea about this issue...whats the best thing I can do to go back and get in without any hassle!? please help.

 

[Descriptive]

Hello!

Does anybody else there can give me some more advise please?

Thank You.

 

[ghatot201]

I think Leon was very clear. You are not illegal in Canada with an expired PR card. Your PR expires in Oct 2014, you have sufficient time to maintain your status of 2 years out of 5 years. I don't see what the problem is.

Your entry will not be a problem as you are a PERMANENT RESIDENT OF CANADA.

What are you looking to hear? negative comments? there is nothing wrong with your case. You are a permanent resident and you can enter canada.

 

[Descriptive]

Yes, Leon was very clear. not illegal in Canada with an expired PR card.

ghatot201: I don't have sufficient time. Out of 5 years.. more than 3 years I'm in my home country already!!

 

[Leon]

Yes, Leon was very clear. not illegal in Canada with an expired PR card.

ghatot201: I don't have sufficient time. Out of 5 years.. more than 3 years I'm in my home country already!!

It's 100% sure that you will get in but worst case scenario, the immigration officer will realize that you do not meet the residency requirements and in that case, they could report you for it and start proceedings to revoke your PR. You will still be let in but if it happens, you will have to appeal if you want to keep it, giving your special reasons why you were unable to meet the requirements. If immigration has mercy on you, you get to keep your PR.

However, if you are allowed to enter without getting reported, it is best to stay in Canada for 2 years without leaving and without contacting immigration for anything. This is not illegal and will put your PR back in good standing and at the end, you would be able to renew your PR card without any consequences.

It is not that common that people get reported on entry.

 

[nazreen]

Hello rahman, can u please suggest me how I can apply for PR from Bangladesh ? Please help me to get a reliable source in bangladesh for these process. thanks..

 

[san_river]

It is 2 years that you would have to stay in Canada before your first 5 years as a PR are up and you have missed that.

However, it is possible if you go back before your PR card expires that immigration will let you in without being aware that you don't meet the residency obligation. If you try this, you should go to Canada ready to stay for 2 years straight because that will put your PR back in good standing.

It is ok for your PR card to expire while you are in Canada. You don't need it. Just don't leave for 2 years and don't apply for anything from immigration. Apply to renew your PR card only after you have stayed for the 2 years.

Dear Mr. Leon
I am P.R holder..... It is highly appreciated if you let me know that the period I stay outside Canada with my Canadian wife will consider and count
when I apply for renew my P.R. which expired next December
Also I want to know how long will take the pressing of P.R. renewal.
Best regards

 

[Leon]

Dear Mr. Leon
I am P.R holder..... It is highly appreciated if you let me know that the period I stay outside Canada with my Canadian wife will consider and count
when I apply for renew my P.R. which expired next December
Also I want to know how long will take the pressing of P.R. renewal.
Best regards

Time spent with a Canadian spouse outside Canada counts towards the residency requirements for your PR. The processing of a PR card renewal takes 73 days right now, see http://www.cic.gc.ca/english/information/times/perm-card.asp

 

[san_river]

Time spent with a Canadian spouse outside Canada counts towards the residency requirements for your PR. The processing of a PR card renewal takes 73 days right now, see http://www.cic.gc.ca/english/information/times/perm-card.asp

Thank you very much Mr. Leon for your prompt reply. please allow to me to add some more questions:
How can I approve that my wife living outside Canada.
My P.R. card going to expire next December 2013. I stay inside Canada only one year and three and a half year stay outside with my wife
my question is; Can I apply for citizenship when I back to Canada next month. you advice required please.
many thanks.

 

[Leon]

Get a statement from your wife stating that she is living with you outside Canada. Provide mail sent to both of you at your address outside Canada. If they are things that prove you live there, pay slips for example or bank statements showing usage of account, even better. Also send a copy of your wife passport to prove her citizenship and a copy of your marriage certificate.

You are not eligible to apply for citizenship based on living with your wife outside Canada unless your wife is working for the Canadian government, provincial government or Canadian military and has been posted to an overseas position. The residency requirements for citizenship are not the same as for PR and have different rules.

 

[gagan_grover]

Hello-
The 5 year cycle to retain our Canadian PR status kick started on January 1, 2012. Though we (me and my wife) got our PR cards, but we haven’t started physically staying in Canada yet. We are still working in US on an H1B visa for our respective US employers.
My wife works for a reputed IT company who has offices all across the globe. Though it’s primarily a US corporation, but they do have a fully owned subsidiary registered in Canada. If my wife is employed by the Canadian subsidiary company (i.e. salaried employee through a Canadian firm) and is further deputed to work in US on a full time project, then does the time spent in US will count towards the required minimum two years of stay in Canada? Please advise!