Urgent help needed How to remain p r status

[Pal3580]

Hi friends I m posting this on the behalf of my friend.Acctualy he got his p r in Feb 2013.He finally move to Canada in Jan 2015 along with his family,both of his children are studying in university.His wife and both children's going to became Canadian citizen with in next six months.but unfortunately he can't fulfill his p r obligation I.e two years in a five year period.his p r card is already expired in Feb 2018.still he need to live up to march 2019 to complete his two years.Now problem is that he have to go to his home country for his buisness. In that case what he can do to remain his p r.
His wife just apply for citizenship in May month and she May get her citizenship in next six months.some one told him that it's better to quit p r once and apply again for a spouse visa instead of apply on humanitarian grounds. Friends plz suggest a suitable solutions or if someone face same situation plz share

 

[mrs_december]

If he's been living in Canada since January 2015, then he's fulfilled his residency obligation. Not sure what the issue is here. He just needs to renew his PR card.

 

[Pal3580]

If he's been living in Canada since January 2015, then he's fulfilled his residency obligation. Not sure what the issue is here. He just needs to renew his PR card.

He is in and out during this period and not completed his two years period

 

[evdm]

Your friend is a PR. He is free to leave the country as he wishes. However, as a PR, he will need a valid PR Card in order to board a plane to Canada. The PR Card is a travel document. This means that if he leaves on business now, he may not be able to return to Canada unless he applies for a PR Travel Document (PRTD) while abroad. He will only be issued the PRTD if he is in compliance with the Residency Obligation (RO)

If he has not met the RO any interaction with CBSA or IRCC has the potential to trigger the process of revoking his status. Business reasons are generally not considered as grounds to waive this requirement unless he was working for a Canadian company abroad. It does not sound like that was the case.

Your friend has a choice to make. To ensure he can renew his PR Card, he will have to be in compliance with the RO. This means not leaving Canada at all until he has spent 730 days in Canada in the last 5 years.

Otherwise, the only other option would be to renounce status and re-qualify for the PR status through any of the available streams such as EE or as you point out sponsorship.

Even then, your friend will still have to deal with the Residency Obligation. If he cannot commit to spending 40% of his time in Canada then PR status may not be for him. Remember that the status is granted to make Canada home, and to work and contribute to Canadian Society. Only having to stay in the country for 40% of the time is quite a generous requirement and for most who truly make Canada home, not a difficult one to meet.

 

[Pal3580]

Your friend is a PR. He is free to leave the country as he wishes. However, as a PR, he will need a valid PR Card in order to board a plane to Canada. The PR Card is a travel document. This means that if he leaves on business now, he may not be able to return to Canada unless he applies for a PR Travel Document (PRTD) while abroad. He will only be issued the PRTD if he is in compliance with the Residency Obligation (RO)

If he has not met the RO any interaction with CBSA or IRCC has the potential to trigger the process of revoking his status. Business reasons are generally not considered as grounds to waive this requirement unless he was working for a Canadian company abroad. It does not sound like that was the case.

Your friend has a choice to make. To ensure he can renew his PR Card, he will have to be in compliance with the RO. This means not leaving Canada at all until he has spent 730 days in Canada in the last 5 years.

Otherwise, the only other option would be to renounce status and re-qualify for the PR status through any of the available streams such as EE or as you point out sponsorship.

Even then, your friend will still have to deal with the Residency Obligation. If he cannot commit to spending 40% of his time in Canada then PR status may not be for him. Remember that the status is granted to make Canada home, and to work and contribute to Canadian Society. Only having to stay in the country for 40% of the time is quite a generous requirement and for most who truly make Canada home, not a difficult one to meet.

Actually his parents need his help because of old age.he wants to go because of his parents nd his buisness in his home country. On the other hand both his children are studying hear in Canada and doing well.he wants to quit his buisness but can't leave his parents.Anyways thanx for ur reply

 

[evdm]

Your friend may have H&C reasons to be able to maintain PR status and get a new PR card or PRTD but he'll have to make a strong case.