Regarding my PR status without meeting the stipulated residency obligations

[Leon]

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

Since there is no exception from the RO (residency obligation) for students, there is absolutely no point in informing the local embassy that you are. If they were to reply to your letters, they would say that it was your choice to study outside Canada, knowing that you would risk your PR. Having informed them that you do not meet the RO by your own choice, they might even start proceedings to revoke your PR so you are lucky they are ignoring you.

If you are ready to return to Canada before your PR card expires, you can try it. If the immigration officer is aware that you don't meet the RO, you can say that you were studying. They may decide not to report you for not meeting it. If they don't report you, you have the option to stay in Canada 2 years straight, without leaving and without applying for anything from immigration, at which point you will meet the RO again and can apply to renew your PR card.

If they do report you for not meeting the RO, then you could appeal it but your odds of winning an appeal are very low so basically you might as well accept that you lost your PR. You can however apply again if you still qualify.

 

[nope]

Since there is no exception from the RO (residency obligation) for students, there is absolutely no point in informing the local embassy that you are. If they were to reply to your letters, they would say that it was your choice to study outside Canada, knowing that you would risk your PR. Having informed them that you do not meet the RO by your own choice, they might even start proceedings to revoke your PR so you are lucky they are ignoring you.

If you are ready to return to Canada before your PR card expires, you can try it. If the immigration officer is aware that you don't meet the RO, you can say that you were studying. They may decide not to report you for not meeting it. If they don't report you, you have the option to stay in Canada 2 years straight, without leaving and without applying for anything from immigration, at which point you will meet the RO again and can apply to renew your PR card.

If they do report you for not meeting the RO, then you could appeal it but your odds of winning an appeal are very low so basically you might as well accept that you lost your PR. You can however apply again if you still qualify.

Look through similar stories to estimate your chances of getting into Canada without being reported. If you can do that, then you can do what the OP here did, which is lie low for two years, and then you're good to apply for a new PR card.

Writing to the embassy is pointless, they don't answer letters, and they certainly aren't going to respond with "Oh, you're a student then? OK, don't worry about the residency requirement."

 

[6327farag]

Regarding coming back after a long absence with expired pr card or lost and expired in my case, do you have to enter canada via the residents lanes at POE? or can you simply enter as a visitor and stay? I have entered Canada 4 times since always as a visitor due to losing my PR card using my UK passport and my residency has never been brought up. Could i stay two years and renew PR as i am in Canada now?

 

[Leon]

Regarding coming back after a long absence with expired pr card or lost and expired in my case, do you have to enter canada via the residents lanes at POE? or can you simply enter as a visitor and stay? I have entered Canada 4 times since always as a visitor due to losing my PR card using my UK passport and my residency has never been brought up. Could i stay two years and renew PR as i am in Canada now?

Yes, you could.