URGENT: Canada PR residency obligation is not met and expiring Sep' 2011

[VCA]

Canada PR residency obligation is not met and my PR card expiring on Sep’ 2011. Please help.

Since I received my PR card, I visited few times (8 to 10) and tried for job in Canada but did not work out. So, I continued on working in NY/USA on a job visa (H1B) from last 10 years. I have family of four and depended on my job. According to the present waiting list for GC/USA, I have to wait longer time and don’t know when I will be getting GC card (EB3/2006).

After repeated trials, finally I got a full time job in Toronto this week. The following are my questions? Please help.
1. What my chances of renew PR card, when ever I apply for renewal after completion of 2 years stay in Canada and pay taxes?
2. What are my options after PR card expired when I am in Canada and wanted to go to home country for emergency situations. Off-course, I don’t want to go for fun trips.
3. What kinds of issues I will get with Custom officers when I moved my house hold stuff though any carrier company?
4. What kinds of issues I will get with Border officers when I drive to Canada?

I really appreciate for your inputs. Thanks!

 

[Alabaman]

The following are my questions? Please help.

See my thoughts below.

1. What my chances of renew PR card, when ever I apply for renewal after completion of 2 years stay in Canada and pay taxes?

99%

2. What are my options after PR card expired when I am in Canada and wanted to go to home country for emergency situations. Off-course, I don't want to go for fun trips.

Almost zero... until you have 730 days in 5 years.

3. What kinds of issues I will get with Custom officers when I moved my house hold stuff though any carrier company?

Use a broker to save you from issues.

4. What kinds of issues I will get with Border officers when I drive to Canada?

The same issues (if any) you got when you visited 8 to 10 times in the past.

 

[VCA]

Thanks Alabaman!

1. Do you think it’s good to have attorney or agency to deal my present situation and/or going forward for my PR renewal? If yes, do you recommend any attorney/agency?
2. Ok. So, I understand that after expire of my PR card, we can’t move out of Canada even for emergency situations until we get new PR cards after renewal.
[a] But before expire of my PR card. I can leave out of Canada (i.e. India) for short period of time if any emergency?
Do you think, I am not eligible to apply for travel document for emergency travelling before/after my PR card expire?

 

[Leon]

Thanks Alabaman!

1. Do you think it's good to have attorney or agency to deal my present situation and/or going forward for my PR renewal? If yes, do you recommend any attorney/agency?
2. Ok. So, I understand that after expire of my PR card, we can't move out of Canada even for emergency situations until we get new PR cards after renewal.
[a] But before expire of my PR card. I can leave out of Canada (i.e. India) for short period of time if any emergency?
Do you think, I am not eligible to apply for travel document for emergency travelling before/after my PR card expire?

1. What do you want the attorney to do for you? An attorney can not make you meet the residency requirements when you don't. As for renewing the PR card, there is a clause in the CIC operational manuals that states that they can only look at the previous 5 years at the time they examine if you meet the residency requirements so that is what they would do at the time you apply to renew your PR. If you apply to renew without 730 days in the previous 5 years from the day they receive your application, you do not qualify to get a new PR card and your renewal application will most likely cause them to start proceedings to revoke your PR. If you on the other hand apply with 730 days in Canada or more, they have no option but to renew because they are not allowed to go further back than 5 years. That is why you should let your PR expire and sit tight and do not apply to renew until you have 730 days.

2. If you leave Canada before the expiry of your PR card, you always risk when you come back that you will be examined for residency requirements. If this has not been a problem for you on your prior visits to Canada, maybe it will not be a problem when you come from India. As for b) you are eligible to apply for a travel document, anybody can apply but you are not eligible to receive one because you don't meet the residency requirements.

 

[VCA]

Thanks a lot Leon for your detailed answers.

All my prior visits to Canada are though road (i.e. from USA) and didn't face any problems. I hope the following are differences this time, If I leave Canada before the expiry of PR card:
a] I may need to travel with wife and kids
b] Travel though flight and face Canadian port of entry
c] PR card is very near to expire
d] We may travel a week or two to see older parents depending on there health grounds. I may produce letter from doctor by explain about treatment
e] I have a proof of employment and just left Canada few week's before

Is any one recently entered Canada though flight when your PR card is near to expire? If yes, can you please share with me your port of entry experience?

Please help. Thanks in advance.