PR requirement

[jazmin]

Hello
My PR 5 yr period ends in July 2013. I have been able to stay in Canada only for 5 months so far. Due to valid personal reasons (death of a parent) I could not be there for the 2-yr period so far. I plan to go back to Canada in June 2013 which is a month before the 5-yr period ends. Right now I am in my native country.

1. What will I need to take with me to show at the POE?
2. What exactly should I tell the Immigration officer when he asks me the reason for the absence.
3. I can take documents to prove that I had genuine circumstances. Get Doctor's certificates too. will that be enough?
4. Do I need an immigration attorney's consultation in this before I leave for Canada?
5. At the time of renewal in july 2013 what steps should I take other than staying put in the same province until I complete the 2 yrs..

Pls advice - for all the questions.

Thank you.

 

[jazmin]

PR requirement- Attn: Mr.Leon

Hello Leon:
Can you please reply to my message.

Thanks

 

[mitali]

Hello
My PR 5 yr period ends in July 2013. I have been able to stay in Canada only for 5 months so far. Due to valid personal reasons (death of a parent) I could not be there for the 2-yr period so far. I plan to go back to Canada in June 2013 which is a month before the 5-yr period ends. Right now I am in my native country.

1. What will I need to take with me to show at the POE?
2. What exactly should I tell the Immigration officer when he asks me the reason for the absence.
3. I can take documents to prove that I had genuine circumstances. Get Doctor's certificates too. will that be enough?
4. Do I need an immigration attorney's consultation in this before I leave for Canada?
5. At the time of renewal in july 2013 what steps should I take other than staying put in the same province until I complete the 2 yrs..

Pls advice - for all the questions.

Thank you.

Hi Jazmin,

I am sorry to hear about the sad demise of your parent.

Unfortunately, as you have not fulfilled the residency obligation, your PR is no more valid and thus IMO, IO will not admit you into Canada. Was your parent totally dependent on you for care in the last 5 yrs?

You may consult a Immigration lawyer before you make this decision.

Mitali

 

[jazmin]

Re: PR requirement- attn mitali

well, Mitali- actually if u look at the other threads it clearly states that as long as there is time i can enter. i still hv 2 months to enter!!!!!!!!!!!! they cant technically stop me. but i need to appeal and fulfil my reqmnts after i enter.

thanks

 

[Cappuccino]

Re: PR requirement- attn mitali

well, Mitali- actually if u look at the other threads it clearly states that as long as there is time i can enter. i still hv 2 months to enter!!!!!!!!!!!! they cant technically stop me. but i need to appeal and fulfil my reqmnts after i enter.

thanks

I am sorry to hear of the loss of your parent.

But well technically unless you are a Canadian citizen with a constitutional right to enter Canada they CAN stop anyone. Right to enter Canada is not automatic.

If the passport control officer sees that you cannot possibly fulfil the obligations of your residency, they may not allow you to enter as a resident. If this happens then your only option will be to enter as a visitor, and if you are not from a visitor visa exempt country you may be turned away altogether and will have to return to your home country.

Allowing you to enter Canada will be at their discretion and from then being able to renew your residency will be dependent on your being able to prove that your parent was completely dependent on you and for this reason you were unable to come to Canada at that time, and then apply for compassionate grounds to not fulfil the residency.


If you were only a month or two short of the 2 year obligation then I think it may have been possible to renew on compassionate grounds, but since you have only completed 5 months out of the 2 years I find it highly unlikely that they will allow you to renew it.

Only need to stay 2 years out of every 5 (that's only 40% of the time) is already IMO a very generous policy.

Wayne.

 

[outstandinguy]

Hello
My PR 5 yr period ends in July 2013. I have been able to stay in Canada only for 5 months so far. Due to valid personal reasons (death of a parent) I could not be there for the 2-yr period so far. I plan to go back to Canada in June 2013 which is a month before the 5-yr period ends. Right now I am in my native country.

1. What will I need to take with me to show at the POE?
2. What exactly should I tell the Immigration officer when he asks me the reason for the absence.
3. I can take documents to prove that I had genuine circumstances. Get Doctor's certificates too. will that be enough?
4. Do I need an immigration attorney's consultation in this before I leave for Canada?
5. At the time of renewal in july 2013 what steps should I take other than staying put in the same province until I complete the 2 yrs..

Pls advice - for all the questions.

Thank you.

So sorry to hear about your loss.

I have HEARD that if you have US visa then you can enter into Canada by your private Car from US through Buffalo and Canadian authorities don't ask about your PR date etc they may see your passport only in case they want to see the nationality.
I have even HEARD that people whose PR was expired and they entered in to Canada through that route and again applied for PR and it got renewed fortunately.

Consultant could provide better feedback on above.
Seniors on this forum may also help better than me....
Best of luck,

 

[mitali]

Re: PR requirement- attn mitali

I am sorry to hear of the loss of your parent.

But well technically unless you are a Canadian citizen with a constitutional right to enter Canada they CAN stop anyone. Right to enter Canada is not automatic.

If the passport control officer sees that you cannot possibly fulfil the obligations of your residency, they may not allow you to enter as a resident. If this happens then your only option will be to enter as a visitor, and if you are not from a visitor visa exempt country you may be turned away altogether and will have to return to your home country.

Allowing you to enter Canada will be at their discretion and from then being able to renew your residency will be dependent on your being able to prove that your parent was completely dependent on you and for this reason you were unable to come to Canada at that time, and then apply for compassionate grounds to not fulfil the residency.


If you were only a month or two short of the 2 year obligation then I think it may have been possible to renew on compassionate grounds, but since you have only completed 5 months out of the 2 years I find it highly unlikely that they will allow you to renew it.

Only need to stay 2 years out of every 5 (that's only 40% of the time) is already IMO a very generous policy.

Wayne.

Thanks Wayne..... I was just about to convey the same message.

The immigration officer reserves the RIGHT to allow or disallow (entry in Canada) anyone except a Canadian Citizen.

Moreover, the the applicant is coming to Canada with just one month (June 2013) before the expiry of PR. It is very evident that s/he would have an ILLEGAL status after one month which would be a matter of concern for the IO.

+1

Mitali