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[Haidar123]

Hello,

My case is that I am a PR since 2008 and I got it being un-married family member for the investor application of my dad. 2 months after I landed I got married back home and did not come back to Canada. me and my wife had a good jobs and never even think of coming to Canada to settle and apply for her PR. we had our first kid born in our home country on 2009.

Years passed so quick and only 1 months before the expiry of my PR many things changed and I came to Canada (for the second time in 5 years of my PR) and my wife came with me as a refugee. her case was accepted and she got her PR status already.

Now my PR expired since one year so I need one more year to be able to apply for re-newal (the minimum of 730 days/2 years). I can not even leave the country before I re-new it. I spent now 1 year in Canada so I have to wait 1 more year to re-new however I just got a job offer for my dream job at a multinational company and my job may require that I travel to USA for training purposes.

Can I travel by my car through land-border and explain the situation to Canadian officers when I get back?. I can not refuse the job offer. simply its my dream and I will fight for it.

Thanks and best regards,

Haidar

 

[zardoz]

Sure, you can explain... However, they can then possibly explain back that you do not meet the Residency Obligations and will report you, possibly leading to the loss of your PR. Every time you cross the border, you take a chance with the loss of your PR. Are you sure that you want to take that risk?

 

[Haidar123]

Sure, you can explain... However, they can then possibly explain back that you do not meet the Residency Obligations and will report you, possibly leading to the loss of your PR. Every time you cross the border, you take a chance with the loss of your PR. Are you sure that you want to take that risk?

Thank you Zardoz. This is frustrating, now what if they reported me and I went through the process (I guess they issue new PR that's valid for 1 year till final decision) but suppose that eventually I won the case based on the fact that I already have my wife and kids in Canada and in addition I have my dad and mom living here as well as PRs. can this affect my job status?. will my employer know about what is happening?.

 

[Quebec resident]

Hi , I agree , you take risk to be reported once you cross the border by land, so you choose what you really want

 

[keesio]

Thank you Zardoz. This is frustrating, now what if they reported me and I went through the process (I guess they issue new PR that's valid for 1 year till final decision) but suppose that eventually I won the case based on the fact that I already have my wife and kids in Canada and in addition I have my dad and mom living here as well as PRs. can this affect my job status?. will my employer know about what is happening?.

Is your dream job worth the risk of losing everything? If you get reported, there is a chance you lose your job and PR.

 

[Amelia P]

Thank you Zardoz. This is frustrating, now what if they reported me and I went through the process (I guess they issue new PR that's valid for 1 year till final decision) but suppose that eventually I won the case based on the fact that I already have my wife and kids in Canada and in addition I have my dad and mom living here as well as PRs. can this affect my job status?. will my employer know about what is happening?.

You said that you "may" have to travel to USA for training purposes. Can you find that out for certain?

Also, maybe you can be honest with your employer and explain that as a PR you need to fulfill time here for the next year? Ask them if theres any way you can do your training here.

Maybe try and negotiate something with your employer, they might be able to accommodate your needs so you dont have to risk everything.... that's what I would do ...

 

[tds69us]

your case was exactly like my case 10 months ago...

There was a training program that I had to go through in the states, but I couldn't because my PR was expired. I asked my manager if the training can be offered remotely, and he liked the idea simply because the company will cut down on so many travel expenses, however, the training had to be attended in person. I told my manager that my travel documentation wasn't in order for traveling to the states yet without going into details. My manager just gave the opportunity to someone else...

Is this training part of your induction training?

 

[Leon]

If you leave, you will risk your PR status. If you get reported, you will be in limbo for the next 1-2 years while immigration decides what to do with you. As you don't seem to have any mitigating circumstances for why you did not meet the residency obligation, if you are reported, there is a good chance you could lose your PR. If you lose your PR, you will be asked to leave Canada and you will no longer be able to work.

Your wife could however sponsor you for a new PR again but it can take months. There is no seamless transition from an old PR to being sponsored by your wife because she can not sponsor you unless you lose your old PR first. Therefore, that would also be a problem for your job.

You have to pick and choose. If you tell the employer that you can't travel for a year, you may lose the opportunity. However, if you take the job and end up losing your PR because of it, you will lose the job too.

 

[Haidar123]

You said that you "may" have to travel to USA for training purposes. Can you find that out for certain?

Also, maybe you can be honest with your employer and explain that as a PR you need to fulfill time here for the next year? Ask them if theres any way you can do your training here.

Maybe try and negotiate something with your employer, they might be able to accommodate your needs so you dont have to risk everything.... that's what I would do ...

That's exactly what I gonna do!. thank you Amelia

 

[Haidar123]

If you leave, you will risk your PR status. If you get reported, you will be in limbo for the next 1-2 years while immigration decides what to do with you. As you don't seem to have any mitigating circumstances for why you did not meet the residency obligation, if you are reported, there is a good chance you could lose your PR. If you lose your PR, you will be asked to leave Canada and you will no longer be able to work.

Your wife could however sponsor you for a new PR again but it can take months. There is no seamless transition from an old PR to being sponsored by your wife because she can not sponsor you unless you lose your old PR first. Therefore, that would also be a problem for your job.

You have to pick and choose. If you tell the employer that you can't travel for a year, you may lose the opportunity. However, if you take the job and end up losing your PR because of it, you will lose the job too.

That's very informative and cover every thing. I will them the truth and see what happen!

 

[Haidar123]

your case was exactly like my case 10 months ago...

There was a training program that I had to go through in the states, but I couldn't because my PR was expired. I asked my manager if the training can be offered remotely, and he liked the idea simply because the company will cut down on so many travel expenses, however, the training had to be attended in person. I told my manager that my travel documentation wasn't in order for traveling to the states yet without going into details. My manager just gave the opportunity to someone else...

Is this training part of your induction training?

Thank you tds69us, no Its a project based training. because the nature of international projects the company do, all people who work in same project get trained in the states before project commence and sometimes in the middle of project as well.

 

[Haidar123]

your case was exactly like my case 10 months ago...

There was a training program that I had to go through in the states, but I couldn't because my PR was expired. I asked my manager if the training can be offered remotely, and he liked the idea simply because the company will cut down on so many travel expenses, however, the training had to be attended in person. I told my manager that my travel documentation wasn't in order for traveling to the states yet without going into details. My manager just gave the opportunity to someone else...

Is this training part of your induction training?

I have a question for you tds69us, what exactly the documentation they required from you before you join them. did they requested a valid PR card?.

 

[Msafiri]

1. You have the right to go for any job but until the day you become a Citizen you don't have the unqualified right to live/ re-enter Canada.

2. The most recent federal court decision on the forum as I recall was from mid March and took 3 years from report/TD refusal date in 2009 to the IAD decision in 2012. The FC then ruled on it over 1 year later. So if you go the appeal route sure you will get by but your PR Card processing will get held up. Will you be effective in your training and/or employment when your only re-entry option is a land border? What happens during busy crossing times knowing that you will always likely be sent to Secondary Inspection? Do you intend to go the same route for 3rd countries as if you do what happens when you get bounced at the US POE? What if some CBP agent decides to ask for your proof of Canadian status at the border and wants to see a PR Card...that COPR doesn't make sense to him/her?

3. That job sure seems nice now but will your employer stand up for you if there are any issue later on such as a HR requirement for PR Cards to be valid for business travel etc? Will they fight for you or will they move onto the next PR?

4. If you do lose the appeal then all your time from report date to PR loss doesn't count - with the new citizenship laws coming into place by next year you may end up being a citizen in the next decade.

5. I guess you can re-asses your situation when and if reported.

 

[tds69us]

your case was exactly like my case 10 months ago...

There was a training program that I had to go through in the states, but I couldn't because my PR was expired. I asked my manager if the training can be offered remotely, and he liked the idea simply because the company will cut down on so many travel expenses, however, the training had to be attended in person. I told my manager that my travel documentation wasn't in order for traveling to the states yet without going into details. My manager just gave the opportunity to someone else...

Is this training part of your induction training?

I have a question for you tds69us, what exactly the documentation they required from you before you join them. did they requested a valid PR card?.

Absolutely not, the most important thing they'll need is your SIN number and two pieces of ID. If your employer's standard procedure for onboarding newjoiners includes a background check, then more documentation will be required, but that will never involve your PR card.