Requesting CIC to extend PR card - Already past 3 years from soft-landing and unable to maintain residency obligation

[canadabound1234]

Context -

My wife, my son and I have a Canadian PR Card dated Dec 2018 and expiring in Dec 2023. We did our soft landing in Sep 2018 and returned back to the US, where we live on an H1B visa.

Given that it is Sep 2021 already, there is practically no way that I can move to Canada and maintain my ‘2 of out 5 years’ requirement come renewal time. The nature of my job and my belief system will not let me stay cooped in Canada for the next 2 years.

Potentially Relevant Fact - In 2020, I tried to get a transfer from the US to Canada with my employer, but Covid struck, layoffs occurred and my transfer request did not progress any further with my company’s HR. I have emails documenting my request for transfer etc.

I am evaluating my options currently and need help thinking through them -

1. Option 1 (Preferred) - Contact CIC to see if they will extend my PR card validity by another 2-3 years so that I can plan to move to Canada in the next 6-odd months without getting into trouble come renewal time. This is probably the only way I will move to Canada as my travelling job will require a sufficient buffer.
   QUESTION - Is Option 1 doable and does CIC extend PR cards upon somewhat reasonable requests? If yes, did anyone use a Canadian immigration attorney to get this done? Any suggestions and guidance would be most welcome.
   
   
2. Option 2 - Contact CIC and give up PR - Likely the default action if I cannot extend PR card.

1. Option 3 - Not really an Option I will consider - Move to Canada and either stay cooped in for 2 years or try to argue humanitarian and compassionate grounds in court. I don’t want to sign up for the uncertainty and the hassle.
   

Thanks all!

 

[scylla]

Context -

My wife, my son and I have a Canadian PR Card dated Dec 2018 and expiring in Dec 2023. We did our soft landing in Sep 2018 and returned back to the US, where we live on an H1B visa.

Given that it is Sep 2021 already, there is practically no way that I can move to Canada and maintain my ‘2 of out 5 years’ requirement come renewal time. The nature of my job and my belief system will not let me stay cooped in Canada for the next 2 years.

Potentially Relevant Fact - In 2020, I tried to get a transfer from the US to Canada with my employer, but Covid struck, layoffs occurred and my transfer request did not progress any further with my company’s HR. I have emails documenting my request for transfer etc.

I am evaluating my options currently and need help thinking through them -

1. Option 1 (Preferred) - Contact CIC to see if they will extend my PR card validity by another 2-3 years so that I can plan to move to Canada in the next 6-odd months without getting into trouble come renewal time. This is probably the only way I will move to Canada as my travelling job will require a sufficient buffer.
   QUESTION - Is Option 1 doable and does CIC extend PR cards upon somewhat reasonable requests? If yes, did anyone use a Canadian immigration attorney to get this done? Any suggestions and guidance would be most welcome.
   
   
2. Option 2 - Contact CIC and give up PR - Likely the default action if I cannot extend PR card.
3. Option 3 - Not really an Option I will consider - Move to Canada and either stay cooped in for 2 years or try to argue humanitarian and compassionate grounds in court. I don’t want to sign up for the uncertainty and the hassle.

Thanks all!

1 - They won't extend it. Option 1 isn't really an option since it's not feasible.

An option you haven't listed is to wait until you are ready to move to Canada in a year or two and then to try to re-enter Canada through a land border without being reported for failing to meet the residency requirement. If you can do that, you can then remain in Canada for 2 years and successfully renew your PR cards.

H&C isn't really viable since employment reasons aren't accepted as reasons for failing to meet RO.

 

[canadabound1234]

1 - They won't extend it. Option 1 isn't really an option since it's not feasible.

An option you haven't listed is to wait until you are ready to move to Canada in a year or two and then to try to re-enter Canada through a land border without being reported for failing to meet the residency requirement. If you can do that, you can then remain in Canada for 2 years and successfully renew your PR cards.

H&C isn't really viable since employment reasons aren't accepted as reasons for failing to meet RO.

Thanks @scylla - I appreciate your response. yes, going to Canada and staying put for 2 years is theoretically an option. But I wouldn't want to live my life that way - not worth it for me though I am sure it is a good option for many who do not mind staying put for 2 years.

lastly, if i give up my Canada PR, am I free to reapply or will giving up the PR be held against me?

Thanks

 

[scylla]

Thanks @scylla - I appreciate your response. yes, going to Canada and staying put for 2 years is theoretically an option. But I wouldn't want to live my life that way - not worth it for me though I am sure it is a good option for many who do not mind staying put for 2 years.

lastly, if i give up my Canada PR, am I free to reapply or will giving up the PR be held against me?

Thanks

You can certainly reapply. It won't be held against you.