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Résidence permanente valide ou pas?

Laila-1985

Member
Jan 10, 2022
11
0
Hello je suis résidente permanente du Canada. Seulement maintenant je vis en Australie depuis presque quatre ans. Cela veut-il dire que ma RP n’est plus valide?
merci
 

armoured

VIP Member
Feb 1, 2015
17,325
8,921
Oui j’ai vécu au Canada depuis 2010 jusque 2017.
seulement la j’ai fondé une famille hors Canada et me demandais si j’aurai encore le droit de revenir vivre au Canada . Mon conjoint et mon enfant sont australiens.
Situation difficile. Vous avez toujours le statut de résidence.

Mais - non-conforme à l'obligation de résidence (730 jours dans cinq ans - ayant quitté le Canada en 2017, pas possible d'avoir accumulé 730 jours).

En principe - possible pour vous de retourner (non sans certaines difficultés). Mais le problème principal - en raison de non-conformité, vous ne pouvez pas parrainer votre conjoint et enfant. Et la principale sinon seule façon de devenir conforme - vivre au Canada pour deux ans (avant de commencer le parrainage).
 

Laila-1985

Member
Jan 10, 2022
11
0
Merci beaucoup pour ces informations. Cela reste incertain quand même. Savez-vous vous si à l’avenir je pourrais continuer à renouveler la carte RP ?
 

armoured

VIP Member
Feb 1, 2015
17,325
8,921
Merci beaucoup pour ces informations. Cela reste incertain quand même. Savez-vous vous si à l’avenir je pourrais continuer à renouveler la carte RP ?
I'm going to be a bit lazy and respond in English - I reckon you've picked some up, living in Oz.

-Basically you will not be able to renew your card unless/until you return to Canada and reside for two years (to become compliant with the residency obligation).

-As it stands right now, you could be subject to a 'report' of your non-compliance (at border for example), which would start the process of revoking your PR status (subject to appeal, etc).

-Along with inability to sponsor spouse/child, this may make retaining your PR status/renewing your card unrealistic in the long term, or at least difficult and complicated, incl possibly living apart.

-There are mechanisms to help those in true hardship positions (health, family, etc), under catch-all humanitarian and compassionate considerations term. Perhaps does not apply to your case but don't know. (Also not easy processes).

-Won't attempt to address other options such as whether your spouse can qualify on his own for immigration independent of you. Nor whether you renouncing and re-applying as a new immigrant could make sense (it might in some circumstances.)

This forum below is on the subject of the residency obligation, you may fnd threads there more relevant to your case:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

Not trying to cover all possible scenarios. Unfortunate you did not get citizenship before.
 

Laila-1985

Member
Jan 10, 2022
11
0
I'm going to be a bit lazy and respond in English - I reckon you've picked some up, living in Oz.

-Basically you will not be able to renew your card unless/until you return to Canada and reside for two years (to become compliant with the residency obligation).

-As it stands right now, you could be subject to a 'report' of your non-compliance (at border for example), which would start the process of revoking your PR status (subject to appeal, etc).

-Along with inability to sponsor spouse/child, this may make retaining your PR status/renewing your card unrealistic in the long term, or at least difficult and complicated, incl possibly living apart.

-There are mechanisms to help those in true hardship positions (health, family, etc), under catch-all humanitarian and compassionate considerations term. Perhaps does not apply to your case but don't know. (Also not easy processes).

-Won't attempt to address other options such as whether your spouse can qualify on his own for immigration independent of you. Nor whether you renouncing and re-applying as a new immigrant could make sense (it might in some circumstances.)

This forum below is on the subject of the residency obligation, you may fnd threads there more relevant to your case:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

Not trying to cover all possible scenarios. Unfortunate you did not get citizenship before.
Thanks a lot( yes I can speak English )
For the citizenship, I thought I had time and got the information about wrong. My bad. Now it’s too late. I’ll have a look at the forum page you suggest , thanks . Hope I can come back one day with my family. Such a beautiful country.
 

Laila-1985

Member
Jan 10, 2022
11
0
I'm going to be a bit lazy and respond in English - I reckon you've picked some up, living in Oz.

-Basically you will not be able to renew your card unless/until you return to Canada and reside for two years (to become compliant with the residency obligation).

-As it stands right now, you could be subject to a 'report' of your non-compliance (at border for example), which would start the process of revoking your PR status (subject to appeal, etc).

-Along with inability to sponsor spouse/child, this may make retaining your PR status/renewing your card unrealistic in the long term, or at least difficult and complicated, incl possibly living apart.

-There are mechanisms to help those in true hardship positions (health, family, etc), under catch-all humanitarian and compassionate considerations term. Perhaps does not apply to your case but don't know. (Also not easy processes).

-Won't attempt to address other options such as whether your spouse can qualify on his own for immigration independent of you. Nor whether you renouncing and re-applying as a new immigrant could make sense (it might in some circumstances.)

This forum below is on the subject of the residency obligation, you may fnd threads there more relevant to your case:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

Not trying to cover all possible scenarios. Unfortunate you did not get citizenship before.
hi just one last question please. I read you said to come to Canada by USA border I no land, why?
Thanks
 

armoured

VIP Member
Feb 1, 2015
17,325
8,921
hi just one last question please. I read you said to come to Canada by USA border I no land, why?
Thanks
Actually was mistaken assumption on my part that you no longer had valid PR card.

If one doesn't have a valid PR card, won't be allowed to board flight - without first applying for PRTD, a (reportedly) more strict and formal process that seemingly results in revoked PR status more frequently. (Although if not, positive decision could mean easier to settle in Canada and possibly - honestly not certain - sponsor family).

For those who can travel through USA, can enter by land - and border officers seem to start process of revocation less frequently - seemingly letting PRs who are out of compliance "self-select" by remaining in country and getting in compliance or not.

(PRs not in compliance or not must be let into Canada at border - in effect one of main restrictions is ability to board a plane to Canada)
 

armoured

VIP Member
Feb 1, 2015
17,325
8,921
Thanks a lot( yes I can speak English )
For the citizenship, I thought I had time and got the information about wrong. My bad. Now it’s too late. I’ll have a look at the forum page you suggest , thanks . Hope I can come back one day with my family. Such a beautiful country.
Good luck. I'd suggest just reading some of the forums for a while to get a sense of how this works.

And too bad about the citizenship.