Residency Obligation

[sureshraina]

Hi,

I need advise on my residency obligation. After getting my PR I was back in my country. Meantime, I could not come back to Canada because of my pregnancy and later as my baby was not PR being born in my native country. My spouse returned to Canada and sponsored our child and ultimately, I returned to Canada, but I was strongly warned at POE as I had not met residency obligation, and was told to stay here for next 2 years.

Now, I want to return back home just for short while as my mother is critically ill, and I would like to go there for visit with my child. Now as I thinking of this option, I am worried what will happen if I go back home again leaving Canada. Is there a way out, I can meet any immigration officer and explain my situation? If I go to immigration officer, I fear of opening my own case again.

Secondly, If I leave, my PR will expire in December 2013,, so even if I dont return in month or two, Can my spouse sponsor me again and can my application be approved again (even though this will take 18-24 months time) for PR and can I return back to Canada after 2 years?

I need your advice. Please help.

 

[Leon]

If you leave and return again while your PR card is still valid, you may have trouble with immigration again. Say that you have mitigating circumstances because you had to go take care of your sick mother. If they report you on entry for not meeting the residency requirements, you will have to prove that your mother was sick as well as how you had to wait with your baby. You have a decent chance of winning an appeal. If you get in without a problem, you really should stay until you meet the residency obligation again because it puts your PR back in good standing.

If you stay long enough that your PR card expires, you can apply for a PR travel document in order to return. Also list your reasons there why you were not able to meet the residency obligation. Show proof if you can. If you get the travel document, you can return to Canada. If you are refused, you will probably lose your PR and then your husband will have to sponsor you again.

 

[sureshraina]

If you leave and return again while your PR card is still valid, you may have trouble with immigration again. Say that you have mitigating circumstances because you had to go take care of your sick mother. If they report you on entry for not meeting the residency requirements, you will have to prove that your mother was sick as well as how you had to wait with your baby. You have a decent chance of winning an appeal. If you get in without a problem, you really should stay until you meet the residency obligation again because it puts your PR back in good standing.

If you stay long enough that your PR card expires, you can apply for a PR travel document in order to return. Also list your reasons there why you were not able to meet the residency obligation. Show proof if you can. If you get the travel document, you can return to Canada. If you are refused, you will probably lose your PR and then your husband will have to sponsor you again.

Thanks for the reply.I would like to know if I can contact the CIC office before exiting from Canada and take a note /letter from them before leaving Canada to avoid further issues at the port of entry with respect to residency obligation? Do you think contacting CIC office again and asking for such a letter could lend me in trouble as I will bring to their notice of me not meeting the residency obligation in past. I certainly plan to return to Canada before my PR card expires.

 

[scylla]

Thanks for the reply.I would like to know if I can contact the CIC office before exiting from Canada and take a note /letter from them before leaving Canada to avoid further issues at the port of entry with respect to residency obligation?

No - unfortunately you can't. CIC won't give you a letter.

If you leave, you'll have to take your chances at the border.

 

[sureshraina]

No - unfortunately you can't. CIC won't give you a letter.

If you leave, you'll have to take your chances at the border.

Thanks.I have read a case somewhere that person in a similar situation visited local CIC office and CIC officer made a note on his file describing a situation, (after reviewing a situation and CIC agent was happy with explanation) so when he returned back, he had no problem or had a explanation for his absence.

However, I do not know how genuine is such information. Is making a note in your file after meeting CIC officer is possible? Are you aware if this is possible? Is there any risk involved if I contact local CIC office and explain them my situation considering the fact that I have already been admonished for residency obligation?

Thanks once again for your help.

 

[steaky]

All CIC offices in-person help in Canada are by appointment only anyways. So you can try your luck at the call centre if what you read is applicable/possible to you. You can ask if there are any risk too.