Renewing PR with Famiy resides in Canada

[tirmizi]

Really a very benificial forum for all like us...

History :
Landed in toronto with whole family in May 2007.
Open bank account, Obtain SIN cards, G1 driving Licence, obtain Health Card and applied for Child benifits.
No Tax filed so the benifits stopped the next year.
Left Canada on 3 July 2007. ( after 33 days of landing)
3rd child born outide Canada.Obtained his TRP (Temporary Resident Permit )
Returned back to Canada in April 2010 ( with wife and 3 kids).
During these 3years no Tax filed
Applied for PR for 3rd child ( sponsored by mother) still under process.
Family stayed in Canada but I went outside after staying almost 45 days
Visited Canada in September for 2 weeks and in November for 10 days.


Concerns:
Shoud I file Taxes for the previous 3 years
How to ask for Child Benifits
What about my residency status ? PR is valid till May 2012.
I have already spent 1095days outside Canada. Will I qulify for PR renewal. I may visit 2 to 3 times more till may 2012.
What oher possible consequencies ? How should I proceed to maintain my PR.

Appreciate the experts guidance please.

 

[Baloo]

So are you saying that you have been in Canada 88 days since you landed in 2007?
And that you will not stay in Canada except for two short visits?

Even if you stayed in Canada from now until May 2012 wouldn't you only have about 570 days physical presence?



Appendix A: Residency obligation

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

 

[tirmizi]

Dear Baloo,
You are absolute.

Now will it be possible for me to apply for renewal of PR once I will visit in April 2012 ?
Secondly If I lose my PR , is there a way other than Family sponsorship ?

Regards,

 

[Baloo]

You will get better answers from others on this, I do not know this subject that well at present.

If you search this site there are comments that should help you.

FWIW As I understand it you should not apply before you have all the required days in Canada.

I do not know your background, but you can find immigration streams here - http://www.cic.gc.ca/english/immigrate/index.asp

 

[Leon]

Why do you think you are entitled to get child benefits for the 3 years that you and your family did not live in Canada? As for now, you should talk to a tax advisor about this but I believe that if your family is living in Canada and you are supporting them, it makes you a resident for tax purposes so you should file taxes listing your foreign income.

It does however not make you a resident for PR purposes so if you apply to renew your PR card with less than 730 days in Canada, they will refuse and give you an opportunity to appeal on H&C grounds. Because you have children in Canada and your wife may sponsor you back anyway, they may let you renew this time. If you however don't live in Canada for the next PR card period again, I doubt it will work for you the next time.

 

[tirmizi]

Thanx Leon.

I thought of Child benifits for past 3 years as a Tax accountant advise me of filing Tax for the past 3 years as well.

Secondly as per may Plan I may visit 2 to 3 times in coming 1 year untilll my PR expiry. The last visit is Planned in April 2011 (PR valid till May). Will they allow me to slide in without any interogation ?

Also it means I can only apply for PR renewal once I will complete 730 days in Canada in 5 years time ! But what about the Citizenship?

Thanx again for your expert advice.

 

[scylla]

You can apply for citizenship once you have physically lived in Canada for three years out of the last four years.

 

[Leon]

What I mean is, you must be resident in Canada with your children to be eligible to get child tax benefits, see http://www.cra-arc.gc.ca/bnfts/cctb/fq_qlfyng-eng.html#q4

You will not get child tax benefits for the years that you, your wife and your children were not living in Canada.

When you don't meet the residency requirements any more, it is always possible that immigration will question you about it but they should at the very least let you in to Canada and give you the chance to appeal before they revoke your PR.

You can apply to renew the PR card after you have lived in Canada for 730 days so if you did at some point before your PR expiry slip in and stay for 730 days without leaving, you could apply to renew.

You need 1095 days within a 4 year period to apply for citizenship.

 

[tirmizi]

Thanks Dear,

The things are very much clear now and hope that it goes as per plan.

I just wanna share my last 3 visits experience here while entering to toronto :
After landing in 2007 my next visit was almost after 3 years i.e in 2010. Here Passport control refered me to immigration where they stamped and wrote RR ( Returning Resident) also entered some reference no with date in their records as well as in my passport. They also asked after how long I am coming back.
Then I visted 2 months later, again was refered to immigration where the same above process was carried out.The last vist was in Nov almost with 2 months gap . This time just a passport control gave me clearance without refering to the immigrtaion.

Here my understanding was they recorded my first 2 visits with immigration section (Which can be verified while PR renewal). However, the last vist was not recorded by immigration section and cannnot be traced while verifying PR status.

Please provide your comments .

Regards,

 

[Leon]

If they scanned your passport, even if they did not pull you aside, they will have a record of it too.

 

[tirmizi]

Hi Leon,

I Just remember that while travelling back from Canada they also scanned my passport, but it was once only while travelling through Air Canada. Earlier while on Emirates or Etihad Air line from Canada to UAE they never did.

Does it recorded as well. Or While re entering I can enter any date of leaving Canada on the embarakment card ?

Regards,

 

[Leon]

If you choose to lie about how long you were gone, it's your risk to take. If they have records of you leaving and not entering and leaving again, they will know.

 

[tirmizi]

Thanks dear for feedback.
Yes its risk .... no doubt. I believe its better to say truth to avoid puttng the PR in risky situation.

Regards,

 

[internee]

Dear Mr Tirmizi

I got your point and your problem too, One of my firend has been gone through the same conditionlike you. I my seld left Jeddah for the same reason. If I suppose u have a Pakistani passport? the new one is computerized data bar, it can be scanned.

Every time u cross the border either ur passport ot PR card scan for entry purpose and Border Agency kept the record, even u can obtained your own travelling record by writing to ottawa office. Usually now a days they request the same while u need to fulfil residency obligation.

Remember, if u lost the residency than aquiering again is big issue than getting the new one.

Azhar

Thanks dear for feedback.
Yes its risk .... no doubt. I believe its better to say truth to avoid puttng the PR in risky situation.

Regards,