PR Renewal and Card Pick Up. (Leon) Urgent.

[Dreamszalone]

Hi,

I am in tricky situation, I am getting ready to file for my PR renewal (Me\Spouse\Kid) next month, so far I have only 200 Physical days and rest of the days are through my employment working for Canadian company as a Full time employee from US (Hired in Canada first and then I moved to US after 2 months with the job) pay is getting paid in Canadian dollars only I am paying Canadian taxes, got 2012 T4, 2013 T4 and all the pay stubs along with filed IT Returns from Canada and my Company is listed in NYSE and has head office in US and Canada and is all over the world like IBM, and the worrying part is I have a valid H1b visa on my passport from a different company I just use that visa to enter exit US and my wife also has her dependent H4 visa on her passport as well recent stamp (2014) and when I was in Toronto I met all the big shot lawyers paid $$$ in fees approx 800$ and all of them I felt was good for nothing and already started revealing me the Appeal cost and I was like seriously you haven't file my PR yet and talking about Appeal to make $$$$. On some other older post I read from 1 of the guy that as soon as you take a position in Canada and fly out of Country for that company CIC think you are dodging the RO, it does sounds reasonable but if they do that then for sure it will be a no go for me. And if for some reason my PR gets denied can I re-apply using the express immigration which starts in January again using my current job?

This PR Renewal has really been a cause of stress and concern to me since 2 years confusing me and causing me to make decisions like a kid, but anyways I have decided seriously this time that once I get this PR Renewal I am seriously thinking to settle down permanently in Canada no more in and out games.

Also 1 more doubt, if for some reason I dont renew my PR card and I just leave it as is and try to enter on expired PR Card in May\June along with my wife and kids would I be let in or is it better to apply for renewal now., because my PR cards would have been expired 8 -9 months ago. If I do that I am guessing it would be a more gambling situation because if the CBSA officer reports me then I am for sure screwed, but if I apply for renewal there is 50-50 chances what you guys say?

Anyway my PR Card expires on OCT 7 that is after 2 days, and I was there whole September and just came back to USA on 1st October. So my confusion is if luckily I gets my PR approved and its get sent out to local CIC office for in person pick up do I have to take my wife and kid along with me?

The reason I am worried about this is because my wife she lost her COPR (Landing Paper) but I have mine and my kids paper with me. So is it a mess? I know and have heard you can travel on expired PR card through border in your own car showing Landing paper and expired PR Card but what about my wife, she only has PR Card.

Can I go and pickup my wife and kid's PR Card showing the letter I received, if I myself only enter Canada through land.

 

[CanV]

First off, you seem to be worrying for no good reason. I can read stress throughout your post.

You were hired in Canada by a Canadian employer and were assigned work for that company outside Canada. It doesnt matter when and where you were assigned, you can still count these days. So yes apply with confidence and yes stop paying lawyers, most are full of crap.

Your H1B situation need to be explained. Write a letter explaining what you just mentioned. I am still not sure why you were entering the US using an H1B for another company? Did you not transfer your H1B to the other company? To me this is worse than your PR status. Do you realize you have been misrepresenting information when entering the US all those years?

You can keep trying to enter Canada with an expired PR but then there is higher chance you will get reported one day. I personally wouldnt do it more than one time.

Your wife can still enter with her expired PR card. She should get a replacement COPR. She will need this to apply for citizenship and other things in the future anyways.

Most PR renewal cards are sent to your address. Some require verifications or audits where the applicant will be required to go to a local CIC office.

 

[Leon]

You can always enter on your expired PR card if you enter at the land border but the immigration officer may give you trouble and they can report you if they believe that you do not meet the RO. However, because you do meet the RO, you can appeal and you are allowed to renew your PR card for a year at a time during your appeal processing which can take 1-2 years.

Since you seem to be outside Canada right now, you are not really supposed to renew your PR card when you live outside Canada but there are some loopholes. The PR card application must originate in Canada so if you want to try this, mail it to a friend and have them mail it from inside Canada for you. Write that you live in the US but have a secure mailing address in Canada through your friend. The renewal application may not be denied for the sole reason that you are outside Canada.

If you want to wait until you move back, then move back and then apply to renew. However, keep in mind that renewal takes a few months and you can run into problems getting a drivers license, getting health care etc. with an expired card.

Immigration is fairly strict on what they consider to be a Canadian employer but if you were hired in Canada and then transferred and you are being paid in Canada and file taxes in Canada, you are probably ok there.

 

[Dreamszalone]

Thanks for everyone's answers...Appreciate that.

Leon not sure if you remember, you already replied to few of my topics before anyways, I got 1 more question regarding out of stay from Canada.

I went to my back home (India) from US for 4 months, I was mean while working remotely from my Canadian company from India, so do I have to count it towards my days of working towards the company or put it as absent I do have a office in India also so went there couple of times, and if I count those days in India as absent(null) then I am running short of 730 Days. But I am guessing the form requires me to put days out of Canada, and does not ask outside of outside stay, I may be wrong but if you guys have any idea would help me.

And about my employment and H1b I do work for my H1b sponsor as a part time so that's the reason I am able to retain my status, and no misrepresentation out there and about I working for Canadian company I just work remotely, my team has given exception to me only in whole department to work from US because my mother she is a US PR and she had a heart failure in 2013 so I been taking care of her and to be in US and take care of her I need a stay and that's the reason I opted for part time for my US Company.

But didn't wanted to put this mother issue for now in my PR renewal application and confuse the visa officer who gonna renew the PR by making him guess if its H&C or straight renewal or both, if they deny the PR then probably I will use this as H&C in appeal..And most probably after the renewal I will apply PR for my mother if it's still open, because she can't come to Canada on that Shi*y insurance with Super Visa, she needs constant care by a doctor to monitor her heart and diabetes which she has from last 30 years and also 10-12 medicines to be taken daily...

And about my employment letter it reads as per below.

Mr. XXX works from a remote location in the US for our Canadian operations and our Head office is located in Toronto and parent company\Head office being in US. And it does say my Per Anum pay my title duties all stuff in that letter. For me this letter looks good and is open ended about I working from US.

So not sure if my H1b will cause me a problem and yes it is a stressful situation because I might loose my PR not because I liked to stay out of Canada like other's but I had no choice because I had to pick my Mom or Job and I picked family.

Anyways I hope it goes through its all destiny anyways rite

 

[Leon]

When using the Canadian employer angle to renew your PR, you are supposed to have been transferred to a full time position outside Canada. From what you just said and what your letter states, this is not the case, rather that you have asked / chosen to work remotely from the US and your company is not actually requiring you to be in the US.

In this case, I don't think your Canadian employer angle will work so I think you should try with the angle of taking care of sick mother to excuse your absence. Do you have medical reports in regards to your mothers illness as well as that you are taking care of her?

 

[Dreamszalone]

But I am just putting the application as I am working not going to volunteer the information I just gave and if they go granular then I will see.