Regarding my PR status without meeting the stipulated residency obligations

[JJS]

Hello all !

I moved to Canada from India with my family just a month after i turned 18 . Actually my visa was granted when i still a minor ie. under 18 . But due to the global recession at that time , but dad could not find a suitable job and went into depression as he risked of losing all his life savings which he had converted into Canadian Dollars due to falling Indian Rupee value. So he decided to comeback , where as i really wanted to stay back. But looking at my dad's conditions i had to comeback with him , also i had unfinished study in India at that time . So now my PR card expires in NOV 2013 , and my graduation in India would finish in may 2013 . I really want to live and settle in Canada , because that's all i wanted throughout my life . The Indian Govt. system is what i fear most . I got no opportunities unless i bribe or follow the same wrong path as others did. This is what made me to live the rest of my life in Canada. I also have a real sister who is married and settled in Canada to a Canadian Citizen . Now my ques :-

1. If i enroll myself in MS in engineering in some Canadian university from here and than go to Canada with a university offer letter , would that be good enough to letting me live in Canada . I am ready to live in Canada as long as i can , as i do not have anything to come back to India for.

2 . Once my PR expires what would i do ? Would i be deported . I am a law abiding man and i fear the same .

3 . Even if i don't get loans , i can get help from my dad in India until i get my PR renewed after living there for 730 days .

I am in a real fiasco right now and really want to be in Canada , i cant stand this Indian System anymore . Please help me and guide me through .

Thank you

 

[Leon]

You should try to enter Canada while your PR card is still valid. If they give you trouble, show them the letter from the university and explain to them that you were only 18 which is still a minor child in many provinces and you had to leave with your parents. You are now returning first chance after finishing your first degree and want to settle and further your studies in Canada.

Once you are in Canada, it doesn't matter if your PR card expires. You do not need a PR card to live in Canada. You can stay your 2 years and then apply to renew.

 

[JJS]

Thank you so much LEON ...

Do you have any idea as to which provinces consider 18 as a minor . I am sure Ontario does that because i remember , the legal drinking age there was 18 at the LCBO's . And this is the earliest i could return to Canada whilst completing my undergraduate course back in India . Moreover i hear that there is an automatic entry system for PR's at Vancouver International Airport and the PR's need not go to the manual immigration check . If that's the case my PR card standing valid the time i enter Canada , the automatic machine wont refuse/report/question my case . What do you think ? Your help is indeed a boon right now .

Cheers
JJs

 

[JJS]

And will i need my PR card for getting My health card ? That's a question for real concern , because what i hear is that once needs to have lived for at least 6 months in certain provinces in order to be eligible for getting a health card issued.

 

[Leon]

The age of majority is 18 in Ontario, see http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/visas/minors-mineurs.aspx?view=d

I do not have experience with the machine at the airport. You can try it, see what happens.

If you are going to BC, you should apply for your health card right away but you will not get it until you have done the waiting period of 2-3 months, see http://www.health.gov.bc.ca/msp/infoben/eligible.html#when

 

[JJS]

That means if i go to BC , i can say that i was a minor when i left Canada as i was dependent on my parents . Being a minor i could not take my decisions independently but now as i have attained the age of majority i want to live and settle in Canada . Would this explanation be good enough to satisfy the immigration people ?

 

[Leon]

That means if i go to BC , i can say that i was a minor when i left Canada as i was dependent on my parents . Being a minor i could not take my decisions independently but now as i have attained the age of majority i want to live and settle in Canada . Would this explanation be good enough to satisfy the immigration people ?

Yes and I am sure they would let you off the hook even if you weren't technically a minor because you were 18 and studying and still financially dependent on your parents. They allow people to immigrate with their dependent children who are under 22 and even older if they are studying so why should they see this differently?

 

[JJS]

Hey Leon ,

I recently Heard that they wont be allowing people to overstay with there expired PR cards without meeting the residency obligations . My case is mentioned above . Recently there was a statement from Immigration Minister Of Canada that they are going to initiate strict proceeding against those found flouting the norms . Will my entry as well as further stay in Canada effected by this decision of the Government of Canada ? This has really made me nervous . Waiting for a response .

JJs

 

[Leon]

I recently Heard that they wont be allowing people to overstay with there expired PR cards without meeting the residency obligations . My case is mentioned above . Recently there was a statement from Immigration Minister Of Canada that they are going to initiate strict proceeding against those found flouting the norms . Will my entry as well as further stay in Canada effected by this decision of the Government of Canada ? This has really made me nervous . Waiting for a response .

Currently there is no law that forbids you to stay in Canada with an expired PR card. It is also stipulated in immigration operational manuals that it is a possibility that a PR resides outside Canada for years, comes back for 2 and gets to keep his PR. See here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7 where it says:

Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant’s past, but must always assess the most recent five-year
period preceding the receipt of the application.

Now, if they change their policies regarding that, I am sure it will be posted on the website. Until that happens, anything you hear is just rumours and speculations and not to be taken seriously. Of course you should always try to meet the residency obligation if possible but if you already don't, there is not much you can do now to change that.

 

[JJS]

Thank you for your reply Leon . One more clarification i needed was that when they talk about five year period is it any random five years or equal intervals of five years with the first interval being the duration mentioned on PR card ? I have heard different versions regarding the same. Kindly help.

Regards
JJs

 

[Leon]

Thank you for your reply Leon . One more clarification i needed was that when they talk about five year period is it any random five years or equal intervals of five years with the first interval being the duration mentioned on PR card ? I have heard different versions regarding the same. Kindly help.

If you have not been a PR for 5 years yet, they look at your first 5 years as a PR, if you have already met the residency obligation by staying 730 days or if you still could. After you have been a PR for more than 5 years, it is always the past 5 year period that counts. Say you enter Canada and they ask you if you meet the residency obligation, they are asking about the past 5 years. If you end up outside Canada and lose your PR card and must apply for a travel document, they will ask about the past 5 years. If you are in Canada and apply to renew your PR card, they will also ask about the past 5 years.

 

[JJS]

Hey Leon

Wanted to let you know that I got my PR card renewed on Jan 8th of this year. After coming to Canada in 2013, living continuously for 2 years and than applying for renewal (exactly as you said) worked. Never lie or tried to tried to bluff CIC at any point.

Thank you for all your help!

 

[Leon]

I'm glad it worked out for you

 

[nope]

Hey Leon

Wanted to let you know that I got my PR card renewed on Jan 8th of this year. After coming to Canada in 2013, living continuously for 2 years and than applying for renewal (exactly as you said) worked. Never lie or tried to tried to bluff CIC at any point.

Thank you for all your help!

Well, that's good to hear! This option gets discussed so much, but I suspect most people don't go through with it, it's kind of the cold turkey of immigration. Congratulations! Now, if you can do another 2.5 years, you'll be a citizen.

 

[Mapledoc]

Hi everyone I got my PR in skilled worker class in October 2011 and I stayed in Toronto for 100 days subsequently. In January 2012 I went back to india and join my studies as LLB student which is a 3 year professional course, now I am out of Canada for almost 3.5 years but I wrote many times to local embassy informing that I am a student here. But they never replied. The date on my PR Card for its validity is till 2 nd december 2016. What should I do? Please help