Your thoughts please...

[choson86]

Hey everyone (and Leon and Msafiri)

It's almost a habit now to log in and check the forum daily lol. That of course means I have issues with PR obligations too I guess...
Anyhow, here's a bit of a detail regarding my PR status. I received my PR card when I was a minor and was able to renew it in 2009. My next expiry date is September of 2014. Unfortunately, I had to finish my university in the States so I went back to the US and after graduating, went to Korea to work since my whole family lives there. Since then I've continued living in Korea due to my job. However I'd like to move next year to Canada applying for an MBA and also to live with my future-wife.

Now here's my question..

When I last visited Canada, I entered by an airplane but when I left, I left by bus. I kind of did this on purpose so perhaps, I'd still be considered living within Canada hoping they wouldn't notice if I left by a land route. I have my address and everything in Canada, and I receive my tax returns to the address in Canada. Now, if I enter again to Canada (to live permanently), can I count the years I've been outside Canada towards residing in Canada since I left by a land route?

I'm well aware of the fact that I should live in Canada and abide by the PR obligations... but I didn't have the financial resources to start on my own back then. I think I'll be ready by next year so that's why I'm moving.


Your kind and helpful comments will be very helpful.

Thanks!

 

[scylla]

When I last visited Canada, I entered by an airplane but when I left, I left by bus. I kind of did this on purpose so perhaps, I'd still be considered living within Canada hoping they wouldn't notice if I left by a land route. I have my address and everything in Canada, and I receive my tax returns to the address in Canada. Now, if I enter again to Canada (to live permanently), can I count the years I've been outside Canada towards residing in Canada since I left by a land route?

No - the days you've been outside of Canada will not count towards your residency requirement. Canada and the US share border / immigration information and Canada will know you left since you would have passed through US immigration when entering the US.

 

[Leon]

You can go to Canada, preferably through the US land border again and see if they let you in without reporting you. If they let you in, you should stay for 2 years straight without leaving. This will put your PR status back in good standing and after the 2 years, you can apply to renew your PR card with no consequences as you will then meet the residency requirements again.

 

[scylla]

Leon has given you good advice. This is your best bet - but once you enter Canada you must remain here without leaving until you meet the residency obligation.

Note that you won't be able to sponsor your wife to live in Canada until you meet the residency obligation. That's something you may have to factor into your planning as well.

 

[Msafiri]

......When I last visited Canada, I entered by an airplane but when I left, I left by bus. I kind of did this on purpose so perhaps, I'd still be considered living within Canada hoping they wouldn't notice if I left by a land route. I have my address and everything in Canada, and I receive my tax returns to the address in Canada. Now, if I enter again to Canada (to live permanently), can I count the years I've been outside Canada towards residing in Canada since I left by a land route?

I'm well aware of the fact that I should live in Canada and abide by the PR obligations... but I didn't have the financial resources to start on my own back then. I think I'll be ready by next year so that's why I'm moving. ............................

1. This is misrepresentation and wilful at that. There is no statutory limits as to when CIC can come after you as and when they discover this so they could knock on your day 5, 10 etc years from now.

2. You made the personal choice not to study or work in Canada. Sorry filing taxes doesn't 'magically' make your time in the US/ Korea equate to physical residence in Canada..now if you were serving in the Military that would be different.

3. Go with Leon's proposal with which I concur. Also as per Scylla make sure you meet the Residence Obligation prior to sponsoring your wife..maybe time for a new plan?

 

[choson86]

Thank you very much for the replies guyz!

Very helpful as usual. Indeed I plan to stay two full years once I enter Canada but it does bother me to think that I can only sponsor my wife after the 2 years I fulfill within Canada. I guess it would be a price to pay for not meeting PROs... However, say if I do live 2 full years in Canada. Would I be able to sponsor her right away or do I have to get a renewed PR card first and then sponsor her afterwards? I'm guessing if it's the latter, it would take 2 years + @.

Another question is, my wife doesn't need a visa to visit Canada (visa exempt), can she enter Canada and stay for 6 months, then leave for a week or so, then come back for 6 months again with me, and so on? Asking from a visiting visa status of course.


Thanks in advance!

 

[scylla]

Thank you very much for the replies guyz!

Very helpful as usual. Indeed I plan to stay two full years once I enter Canada but it does bother me to think that I can only sponsor my wife after the 2 years I fulfill within Canada. I guess it would be a price to pay for not meeting PROs... However, say if I do live 2 full years in Canada. Would I be able to sponsor her right away or do I have to get a renewed PR card first and then sponsor her afterwards? I'm guessing if it's the latter, it would take 2 years + @ .

Another question is, my wife doesn't need a visa to visit Canada (visa exempt), can she enter Canada and stay for 6 months, then leave for a week or so, then come back for 6 months again with me, and so on? Asking from a visiting visa status of course.


Thanks in advance!

Once you meet the residency obligation you can sponsor your wife.

The leaving for a week plan is risky and there's certainly a chance your wife could be refused entry. It would be better to apply for an extension to her visit while in Canada. No guarantee it will be approved. However I think it's less risky than leaving for a week and then trying to return for another six months.

 

[moonriver25]

Hi!I am getting my immigrant status soon.My problem is that my husband is illegal in the states.He used to work in a cruise ship in the US and after just 6 months he decided to stay in the US illegally. All his documents including his passport were left in the ship. He was there since 2004. (that means we had never seen each other for 8 long years). Now I'm here in Canada and i'm confuse if i will include him to my application for my immigrant status. Anyone help pls. Thanks!

 

[Leon]

Hi!I am getting my immigrant status soon.My problem is that my husband is illegal in the states.He used to work in a cruise ship in the US and after just 6 months he decided to stay in the US illegally. All his documents including his passport were left in the ship. He was there since 2004. (that means we had never seen each other for 8 long years). Now I'm here in Canada and i'm confuse if i will include him to my application for my immigrant status. Anyone help pls. Thanks!

Please explain. You are in Canada and you are about to apply for your PR? Are you in Canada on a work permit? What did you list your marital status when you came to Canada originally, married, separated? Those are the only 2 choices if you are married and not yet divorced.

If you want to include your husband on your application and give him a chance to live in Canada legally instead of as an illegal in the US, you should include him in your application. Even though you have not seen each other for a long time, you are still married and it is your every right to include him. He will need to complete background checks and medicals. You will not be refused your immigration because of his overstay in the US but you could be refused if he does not pass the medicals.

If you do not want to include him, list your status as separated and write a cover letter to immigration stating that your husband is living illegally in the US and that you have not seen him in 8 years.

 

[moonriver25]

Thanks for the help. Yes I'm in canada with a valid working permit. So if he failed to pass the medical exam I cant get my PR then? He is a chain smoker though also we have an 8 yr old son back in the Philippines. He left when i was 6 months pregnant. They said that i should include him on my application in order to get my son. so confuse is this true???

 

[moonriver25]

And i listed my status as "married" when i came here...

 

[Leon]

If you list him as your husband and state you are still married, he will need to have medicals and pass background tests. Being a smoker will not cause him to fail the medicals but if he has some health issues because of his smoking, it could happen. People only fail medicals because of fairly serious health issues that are thought to cost Canadian health care too much money.

If you list yourself as separated and explain that you haven't seen him in 8 years, they may ask for some legal proof of the separation though but because you have a child, you would need to show that you have full custody of your son by court or get permission from your husband for you to immigrate with your child.

 

[moonriver25]

How about if he wont give permission?So its not really possible for me to get only my son without him??? :-[

 

[Leon]

How about if he wont give permission?So its not really possible for me to get only my son without him??? :-[

If you can show court papers stating that you have full custody of your son, you do not need your husbands permission. I suppose that it would not be hard to get, seeing as he abandoned you to live in the US illegally before your child was even born. Talk to a lawyer about getting such papers done before you apply for your PR and ask the lawyer at the same time what you can do to show that you and your husband are legally separated.

 

[moonriver25]

Thank you so much!