Unable to meed PR obligations due to masters continuing in the US

[chandler]

Hi,

I am enrolled in a masters program in the US that ends in August 2016. I have my Canadian PR issued in March 2013. Which means I have to land in Canada latest by March/April 2016 to fulfill the 2 out of 3 years stay obligations.

1) Since I foresee myself falling short of fulfilling my obligations, my PR card will expire in March/April 2016. Is my understanding correct?
2) Can I appeal to re-instate my PR citing completion of my MS as a reason?

Thanks for all your help.

 

[zardoz]

Hi,

I am enrolled in a masters program in the US that ends in August 2016. I have my Canadian PR issued in March 2013. Which means I have to land in Canada latest by March/April 2016 to fulfill the 2 out of 3 years stay obligations.

1) Since I foresee myself falling short of fulfilling my obligations, my PR card will expire in March/April 2016. Is my understanding correct?
2) Can I appeal to re-instate my PR citing completion of my MS as a reason?

Thanks for all your help.

1) Your card will expire. Your PR "status" will not.
2) If you are reported for failing to meet the residency obligation requirements, it's unlikely that your studies will be taken into account.

 

[chandler]

In that case do I have any way to reinstate my PR card?

 

[zardoz]

In that case do I have any way to reinstate my PR card?

The only way is to first comply with the residency obligation requirements and then request a renewal. If you attempt to renew out of compliance, you may trigger a report, eventually leading to loss of PR status. You can cross the border using private transport with an expired card but again, this may trigger a report. It's a lottery...

By the way, the PR card has a 5 years expiry date on it... Therefore, although you may not be in compliance, your card will still be valid after 3 years, thereby putting the "lottery" odds at the port of entry very much in your favour.

 

[Leon]

The residency clock actually started ticking when you landed as a PR, not when your PR card was issued so it is possible that you could return in March / April and still not meet the RO.

Have you been to Canada at least once since 2013? If you have, it will work in your favour because when they ask how long you were gone, you can truthfully say it was less than 3 years.

When you return in August, if you don't get reported, you can stay for a 2 full years before you attempt to renew. Then you will meet the RO again and will not have a problem. It will not affect anything if your PR card expires in 2018 in March/April and you still have to stay until August before you can renew.

However, if you get reported, you can appeal but with no other mitigating reasons than studying, you probably don't have a good chance of winning.

 

[chandler]

Thank you for your responses. Bottomline - I am in trouble

 

[Leon]

Maybe not. It is possible that an IO will let you enter without reporting you. It is even possible if you tell them that you are a bit short on the RO because of your studies. It just depends on your luck really.

 

[chandler]

My luck has a pretty strong track record of failing me in almost all situations that mattered to me the most But thank you Leon and zardoz, I think I have a good understanding of the situation now.