Should i relinquish my PR myself?

[darklord]

They have to let you in based on you being a PR even if your PR card is well expired. Even if you don't even have a PR card, just an old landing document. However, if they suspect that you are in breach of the RO, they are in their full right to report you and let their superiors deal with your case.

If you have been a PR for less than 3 years though, it would not be possible for you to be in breach of the RO just yet. Otherwise, if you get reported, you can appeal. If they are wrong and you are not in breach of the RO, you would have to prove that and if they are right and you are in breach of the RO, you would have to give them some humanitarian grounds for why you were unable to meet it. If successful, you win the appeal and keep your PR. If not, you lose and have to leave.

Thanks. Good explanation.

Few more clarification: If I stay two years and satisfy my RO, will my PR be extended for another 5 year term when it expires? Also only humanitarian grounds are considered? Can humanitarian grounds be based on if one's parents are terminally ill etc or it has to be based on PR holder only?

 

[Leon]

Thanks. Good explanation.

Few more clarification: If I stay two years and satisfy my RO, will my PR be extended for another 5 year term when it expires? Also only humanitarian grounds are considered? Can humanitarian grounds be based on if one's parents are terminally ill etc or it has to be based on PR holder only?

If you have stayed two years, you can renew your PR card when the time comes and you will get another 5 years. However, if you say stay 2 years, then leave for 3, then quickly come back to Canada to renew your card, then leave again, you will end up being in breach of the RO inspite of having a newly renewed card because your two years stayed in the beginning leave the window of the past 5 years and you will have too much time outside.

You can meet the RO being outside Canada if you are accompanying a Canadian citizen spouse or have started work for a Canadian employer who moved you to a full time position outside Canada or you are accompanying a PR spouse who is in that situation.

Other than that, only humanitarian grounds are recognized. Choosing to study or work outside Canada is not considered. Taking care of a terminally ill parent would be considered and probably even more than if you had your own medical problems to deal with. As a PR, you could have come to Canada for your medical treatment but if your parents aren't PR, you can not take them to Canada with you.

 

[Msafiri]

Thanks Msafiri.

I believe after entering on TRP, i can apply for a regular Canadian Multiple Visitor Visa which hopefully would not have any negative affect of my PR relinquishing matter.

I am also thinking on another legally permitted option as mentioned by Leon. Which is If i keep my PR card by not visiting Canada (PR card is valid until November 2017), the time when my wife would become Canadian Citizen, and then if she joins me outside of Canada, i can claim my RO status being living with Canadian Citizen spouse?. I have to wait for my wife's citizenship if i want to keep my PR status. Any thought on that option, any issues there?

Leo, please give you insight as well.

Thanks a lot

You can apply for a TRV but this has to be done at a visa post outside Canada. Some PRs relinquish status at the border but many more typically wait for a report (they gamble they will keep getting just a warning) and appeal rights to be exhausted just to guarantee entry into Canada at least once for the former and multiple times for the latter especially if their appeal is clearly bound to fail.

If you are still a PR at the time your spouse acquires Canadian Citizenship then any days you are together outside Canada post oath are considered as if they were 'In Canada' days for purposes of the RO. You can thereafter add the relevant combination of actual in Canada days and accompanying abroad days to get to 730 days when going for PR Card renewal. This exemption is based on the IRPA which is a 12 year old Act so it may not be the same - keep track of any changes to the scheme as I think this is an exemption easily targeted for change. The obvious downside to this is that you have a timeline gap between PR Card expiry and 2 years as an accompanying spouse which is less than 730 days so travel back to Canada will be problematic unless you enter via the land border - eventually you may get reported.

You may be better off relinquishing your PR and getting re-sponsored. This way you have another 5 year RO window and crucially a 5 year validity PR Card which is what you seem to need. The process is also faster and actually is better for the tax payer as you don't back up the courts.

 

[Fireguy]

Hello Leon and Experts,

I hope you can guide me. I'm PR since June 2012, but moved to Canad permanently this year and Currently working for an American company as Global Sales Manager, and will be able to "JUST meet the RO". However, I'm sure my travel history will attract attention and it could take very long time to renew my PR. With the nature of my job I can't be grounded for more than 2 weeks and will need a PR card to be able to travel since I'm not from visa exempt country. I thought the best option will be to voluntary renounce PR and apply for visitor visa which I really hate to do because Canada is home.

- Do you have any suggestions to deal with this situation and be able to expedite the renewal?
- How long is the processing time for renouncing PR?
- If I end up trying my luck and apply for expedited PR renewal but it takes longer than expected, Can I opt to withdraw the renewal application and instead apply for renouncing the PR?

Thank you so much for help!!

 

[Msafiri]

Hello Leon and Experts,

I hope you can guide me. I'm PR since June 2012, but moved to Canad permanently this year and Currently working for an American company as Global Sales Manager, and will be able to "JUST meet the RO". However, I'm sure my travel history will attract attention and it could take very long time to renew my PR. With the nature of my job I can't be grounded for more than 2 weeks and will need a PR card to be able to travel since I'm not from visa exempt country. I thought the best option will be to voluntary renounce PR and apply for visitor visa which I really hate to do because Canada is home.

- Do you have any suggestions to deal with this situation and be able to expedite the renewal?
- How long is the processing time for renouncing PR?
- If I end up trying my luck and apply for expedited PR renewal but it takes longer than expected, Can I opt to withdraw the renewal application and instead apply for renouncing the PR?

Thank you so much for help!!

1. If you VR your PR then you can't just carry on working in Canada. You have to be sponsored for a work permit which typically involves a bureaucratic LMIA process so scrap this as an option as you can't just hang out in Canada while this in ongoing and in any case may not be successful.

2. Ask for urgent processing. Note that CIC seem to be ignoring urgent request PR Card renewal processing for PRs applying at the RO margins and typically even sending this to Secondary Review where processing is more in the 12 months range based on the SR thread on this forum. Your excessive travel may be an issue or it may not.

3. A couple of applicants in your situation have had to use US/ Canada land border crossings until the PR Card is issued. This comes at great inconvenience and cost but not much you can do unless you want to take CIC to court for delayed processing if that is what ends up happening. That's the downside of gambling on the RO you leave yourself little room for situations such as this.

4. Don't apply for the PR Card before you carry out a detailed and critical self review of your RO. Get you entry records from CBSA if you have to.