PR status after winning the appeal

[EmPi]

Hi,
I am a PR of Canada. There was an appeal process about my PR status which was about 4 years. The final decision is that I have not lost my PR status. The problem comes from the following: during the process I was outside Canada, so now I can not meet the residency obligations again if I decide to leave Canada for a holiday for example. I have stayed in Canada only the last 1 year during the past 5 years and I am not sure if I leave I can enter Canada again as a PR. I wondered if there is some specific rules for my case. My intension is to stay in Canada, I want only to go outside the country for 3-4 weeks. Any ideas?

 

[PMM]

Hi

Hi,
I am a PR of Canada. There was an appeal process about my PR status which was about 4 years. The final decision is that I have not lost my PR status. The problem comes from the following: during the process I was outside Canada, so now I can not meet the residency obligations again if I decide to leave Canada for a holiday for example. I have stayed in Canada only the last 1 year during the past 5 years and I am not sure if I leave I can enter Canada again as a PR. I wondered if there is some specific rules for my case. My intension is to stay in Canada, I want only to go outside the country for 3-4 weeks. Any ideas?

You won the first time, but I wouldn't take the chance the second time. You can be reported again when you re-enter as not meeting the residency requirements.

 

[lpc19800]

I agree with PMM that you risk scrutiny - in fact they may be harsher as you could be viewed as abusing the system.
Why expect to keep PR if you cannot meet the requirement following the hassle of appeal?

 

[EmPi]

Thank you for the answers.
It seems that I can't leave Canada as I will have problems returning back. Of course I don't want to do anything which can be viewed as abusing the system.
I just wondered if the time during the appeal process would be included in the five-year period when determining whether I have met the residency obligations. I hoped that there were some specific law provisions for such cases. I find it unfair, after winning the appeal and entering Canada, not to have the right to leave the country for 730 days because in the examined five-year period is included the time of the appeal process which is out of my control.
Do you think that a lawyer can help me or the case is clear - no chance for a holiday

 

[zardoz]

Thank you for the answers.
It seems that I can't leave Canada as I will have problems returning back. Of course I don't want to do anything which can be viewed as abusing the system.
I just wondered if the time during the appeal process would be included in the five-year period when determining whether I have met the residency obligations. I hoped that there were some specific law provisions for such cases. I find it unfair, after winning the appeal and entering Canada, not to have the right to leave the country for 730 days because in the examined five-year period is included the time of the appeal process which is out of my control.
Do you think that a lawyer can help me or the case is clear - no chance for a holiday

The time inside Canada during a successful appeal IS counted towards the residency obligation.

 

[mikenz]

I simply do not get why people go through all the troubles of becoming a PR and soon after bugger off again somewhere else. Missing valuable days, weeks, months it takes to remain a PR, then having issues later on.

Why not COMMIT to Canada and stay? Earn your residency by contributing to this society and country.

 

[Msafiri]

Thank you for the answers.
It seems that I can't leave Canada as I will have problems returning back. Of course I don't want to do anything which can be viewed as abusing the system.
I just wondered if the time during the appeal process would be included in the five-year period when determining whether I have met the residency obligations. I hoped that there were some specific law provisions for such cases. I find it unfair, after winning the appeal and entering Canada, not to have the right to leave the country for 730 days because in the examined five-year period is included the time of the appeal process which is out of my control.
Do you think that a lawyer can help me or the case is clear - no chance for a holiday

1. Were you physically present in Canada for any time of the appeal period? This counts from the date of report if this happened at the airport/ land border or if for a PRTD application from date of re-entry post PRTD refusal?

2. Are any of the days in 1 within the 5 year window?

3. Do these days add up to 730 excluding the intended duration of the vacation including say a 5 day buffer?

4. You can go on vacation any time ...its non of CIC's business but its their business to enforce immigration laws and until you are a Citizen there is a section of the law that applies to you mandating the meeting of an RO....its your choice to breach it but as you found out there are repercussions.

5. The courts take the view the PR status is for living in Canada and is not some sort of glorified visitors visa. Those not accepting this usually lose the RO roulette or they cut their losses and find a better deal in some other country that allows them to do as they please.

 

[EmPi]

The problem with me comes from the fact that initially I was refused a travel document to come back to Canada. I got it later - when there was a decision of IAD, and I entered Canada as soon as possible after the decision. So I have no days spent physically in Canada during the appeal process. The process was too long, so when examining my five-year period now I can't comply with the requirements for PR obligations unless I stay in Canada for two years without leaving it.
Nevertheless, thank you all for the information and answers.

 

[on-hold]

That sucks -- I can completely understand why it might be easy to move to Canada and maintain PR status, but hard to do with an unbroken two-year run when you don't leave. It's too bad that when you are granted a new PR status, it doesn't begin at Day 0 (or at least a small grant of credit for necessary travel), as with the first landing.

 

[EmPi]

I forgot to mention that I have a valid PR card. I renewed it this year. Does this mean that the viser officer has examined my status and has concluded I have met the RO? Is this examination different by the examination made by a viser officer at the airport?

 

[scylla]

I forgot to mention that I have a valid PR card. I renewed it this year. Does this mean that the viser officer has examined my status and has concluded I have met the RO? Is this examination different by the examination made by a viser officer at the airport?

If you were issued a new 5 year PR card then the officer examining your case decided to allow you to retain your PR status. This doesn't mean you meet RO. It just means you were allowed to keep your PR status.

Yes - the process you go through when arriving back in Canada after a trip is different. If the officer suspects you are in violation of the RO, then you can be reported.

So if you do not currently meet RO (i.e. you haven't lived in Canada for at least 730 days out of the last 5 years) then you should not leave Canada until you do meet the RO if you want to make sure your PR status is safe.

 

[dckcrz]

I simply do not get why people go through all the troubles of becoming a PR and soon after bugger off again somewhere else. Missing valuable days, weeks, months it takes to remain a PR, then having issues later on.

Why not COMMIT to Canada and stay? Earn your residency by contributing to this society and country.

I completely agree with mikenz...many are dying to get the pr (just like us), doing all things just to meet the requirements..but some are not taking serious attentions once their pr has been approved...