risk of loosing the pr and not allowed to enter if passed the required obligatio

[Leemao]

I need an urgent advice on my current situation. I am a permanent resident since august 2012 me my wife and my 4 years old daughter, i have been to canada twice with my family and 3 more times on my own to do my exams for licensing as a doctor which i passed all recently. me and my family almost stayed for one and half month but i stayed 20 days more( the total days i stayed are 77 days). i applied to many licensing bodies to get a job as a physician or to be accepted to one of the provincial programs but still no results, if i come to canada i ll lose my job here and i ll be out of practice and if i don't come i ll be jeopardising my pr status. I am planning to come if there is job offer by february 2016. I am afraid i ll not be allowed into canada then as i will not be fulfilling the 2 years period. Can i rely on all these reasons for example my preparation for the exams and maintaining my practice as this is one of the criteria to get license in Canada as well as my little son canadian citizenship who was born in 2013 in canada an the job offer as valid reasons to be allowed in canada if asked by the officer at borders. or shall i try to come earlier to prove that i intend to stay for the remaining period to fulfill the pr obligation. I don't want to risk my pr status as i plan to come and settle for the the sake of my children mainly
please help

 

[ttrajan]

You need to stay 2 out of 5 years in Canada to retain your PR status.

 

[on-hold]

No one can predict what a border officer will do -- the situation you will be in is one where an individual will decide what happens to you, not a regulation.

At some point, you are going to have to jump -- immigration usually requires a moment of risk . . . If you are currently licensed as a doctor in a Canadian province, it sounds as if your risk is going to be less than most; or do you have to do a residency first?

 

[Leemao]

No one can predict what a border officer will do -- the situation you will be in is one where an individual will decide what happens to you, not a regulation.

At some point, you are going to have to jump -- immigration usually requires a moment of risk . . . If you are currently licensed as a doctor in a Canadian province, it sounds as if your risk is going to be less than most; or do you have to do a residency first?

I passed all licensing and required exams to apply for residency and have applied for a couple of provincial licenses awaiting their response but everything looks gray no clear path up till now may be by september or november 2015 things will be more clear so if i get one of these eligibility letters from a licensing body and show it to the border office a long with all other reasons that proves intention to stay in canada and that the delay was because not be out of practice, will these help not denied entry to canada as this would be areal tragedy

 

[on-hold]

I passed all licensing and required exams to apply for residency and have applied for a couple of provincial licenses awaiting their response but everything looks gray no clear path up till now may be by september or november 2015 things will be more clear so if i get one of these eligibility letters from a licensing body and show it to the border office a long with all other reasons that proves intention to stay in canada and that the delay was because not be out of practice, will these help not denied entry to canada as this would be areal tragedy

Sure, you can get that letter -- but it's still a situation where, if you're crossing the border while having failed to meet your Residency Obligation -- your fate is in the hands of a single individual, who can report you or not report you. No one on this forum can tell you what that individual will do, or if they will care that you have a letter from a Provincial Licensing Organization.

But also, I do not think that they will accept your argument that you are in a H&C situation -- usually financial issues don't qualify for these. I personally wouldn't use the word 'tragedy' with them, I've always felt that dignified reserve is better when one is in the wrong and dealing with bureaucrats.

 

[Msafiri]

The trend from case law is the courts being dismissive of any non medically compelling absence so a close relative seriously ill/ dying and you are the sole carer. Yours is a lifestyle decision. It sounds harsh but there are thousands of PRs in regulated occupations (medical, engineering, legal) that had, stil have and will continue to have the same problem as you and decided to make a go for it in Canada. Some have failed and some have made it but they have decide that thei PR and usually Citizenship is worth it.

Recent decisions at the IAD appear to give an impression that if one of the spouses has settled in Canada particularly to the extent of acquiring citizenship it 'helps' the PR in breach of the RO (on the minor scale and with most of the in Canada days being prior to report e.g renewing a PR Card) the courts will show some leniency. This may not work for each PR as there are other factors to be considered. That the Citizen spouse can protect the PR spouse RO for any absences when accompanying must be a key factor. Canada is seriously short of doctors so that could well put you in a different situation (desirable PR) at appeal especially if you have a Canadian job offer.

PR status is not a glorified visitors visa is what the courts have stated. The RO roulette is a risky gamble.