1. Poster above did not say anything about the number of PR who stay , vs those who leave due to difficulty finding a job Most importantly, that statistic is irrelevant to the subject matter, which is the fact that there is significant number of Canadian PR's who are forced to leave because they are unable to find jobs in Canada. And they are not the ones to blame for the fact that Canadian job market is hostile to newly landed immigrants. this is just how it is, no matter how you put it.Msafiri said:1. The number of PRs who land then remain in Canada despite hardship/ survival jobs/ under/unemployment is significantly higher than that of those PRs who land then leave typically after a short time usually within 6 months (as per numerous case law decisions by the IAD and the FC) because they can't find a job commensurate to their education/ experience/expectations etc.
2. As far back as the Immigration Act and well prior to the IRPA enactment in 2002 successive FSW PRs have tried to sue the Canadian government without any success for 'lying' (to include legitimate expectations argument) to them about their employability in Canada based on their education/ work experience and landed in Canada only to struggle with finding 'suitable' employment which mostly affects those in regulated professions. Actually there is no such promise in the Acts, the regs, operational manuals or even any of the application forms.
3. The IRPA exempts RO breach for PRs working abroad for a Canadian employer on a temporary secondment type full time hours assignment subject to the employer and employee both meeting the strict legislative requirements (effectively locks out small type incorporations typically service providers and mom and pop type set ups purposely created to avoid the RO). This gives the employee some flexibility but mandates a Canadian connection that is also in Canada best interests in relation to the integrity of the immigration system.
Primarily for reason 1 backed up by 2 and 3 the chances of the Feds/ CIC ever giving PRs a pass on the RO because you couldn't make it to live in Canada for a mere 730 days every rolling 5 year period due to 'employment' reasons are virtually nil. The other insurmountable barrier to this to is that however way you put it to the politicians, the courts and the general (read voting) public it screams 'Canada is an insurance' policy that I have in my back pocket in case 'a/b/c' etc happens but some other place is better for me now until then'. Get your citizenship and get rid of the RO for good!
I can bet that there is not nearly as much percentage of PR's in US who are leaving the US for the same reason, having college education and not being able to find anything but a survival job.
Sydkadra suggests "in the end there shall be leniency". That's what he says.
I don't even say that, because when you say "Though shalt" people automatically react with negativity on emotional level, with reflexive and near automated "I don't owe you!" Instead, I ask: why all blame PR in Canada for not meeting RO , when job market is being so hostile and not accepting him or her to do anything but doing some minimum wage paying work that don't require even a high school education?
2. Nobody here suggested that we have a case to sue CIC or Canadian Parliament etc. That's not the point!
The point is , for example, I as a Canadian PR am not guilty of the fact that Canadian job market is so totally hostile to me. And I have hard evidence in my hand (hundreds of resumes sent out from my email address to hundreds of jobs, with my wife also having sent hundreds of resumes).
I can also show how many job applications it takes today in the US to get a phone call, and then an interview. 10 resumes (average) = 1 screening phone calls. 3-4 screening calls = one face to face interview. And from there it depends on your luck and how competitive the final stages are, so you can get an offer anywhere from 1st to 20th interview. But it's not a dead end. It's not like you email your resumes to a black hole. Something actually happens. Even when job market was here at its' absolute worse (and it was in such condition until recently), still it was nothing as hostile as what we experienced in Canadian job market. In Canada it's almost like the HR takes some malicious pleasure in rubbing it to your nose and letting you know that you mean nothing, so they wont even acknowledge that they received your resume.
Of course I understand nobody does this in purpose, it's just how economy is. But the point is: why a PR is supposed to be punished by this? Why face dilemma such as: stay in Canada , work for Walmart 6-8 years (total time it takes to get Citizenship), or we will strip you of your PR next time for failing to meet RO?
You see, no one is saying "Let's go sue Canada, they promised us honey and free milk and good jobs" and such nonsense.
We know we can't sue Canada from legal standpoint.
But why you think it's OK to punish PR's for something that is not of their own making? Is PR guilty of being gullible and believing that their skills were required and were in shortage? Are they further guilty for finding out that the only place where they have a shot to get a job is a burger flipping joint?
And is it their fault if they can't stay and meet RO, because they can be gainfully employed where they currently live, versus in Canada?
It's also BAD for Canadians themselves to encourage so many PR's to stay in Canada despite poor job market conditions. The smart thing to do (to help bring back robust job market conditions) would be actually to ALLOW as many Canadian PR's to stay OUT of Canada as necessary to stabilize job market. And to further restrict any future intake of PR's unless there is a real need for more workers to come to Canada.
Who wins from this policy of overflooding Canadian job market with desperate PR's who then get either sad and depressed , flipping burgers or working at Walmart, or leave country and loose all the investment they have made and hardships endured to become PR's?
Aside from question of fairness, what is the rationale for this aggressive enforcement of RO?