Can onel live and work in canada after expiry of PR card
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Posted on: 03-10-08 18:37:01
Hi Mr Fido,
No, i was not asked much while entering
Further, I am here now for the good
I may be able to complete 2 years before the time for my PR card lapses.... considering the time I have spent here in the past................... my dilemma is what would happen in case i travel out again.
You answered it very well. Thanks.
The law is clear and supports those who are clear in their plan.
We must respect the law and the rules
Tell me here please, does one need to declare where was one livivng and what was one doing when the person was not in canada?
reg,
Akhil
Quote:
Originally posted by Fido
Akhil Dua ji ~ kindly answer whether you were asked anything on the airport while entering last and how much time before was it .....
This answer based on your experience may help prospective reader .
Fido--that is what was my doubt. Many of our friends or their wives are in similar situation where they have not completed 2 out of 5 years. I have been reading that they dont allow one to enter at port of entry or issue a removal order if he or she is not fulfilling residency requirement of 2 out of 5. That is why I asked him what did they ask him at the airport when they allowed him in . If they did not ask him anything,then it is a good news for many of our friends in similar situation. Akhil is saying that they did not grill him at the airport even when they found that he wud not be completing 2 out of 5. May be he is lucky to enter. If he is real lucky ,then he shud not have any problem getting his PR renewed.
I think our immigration expert Freddie shud be able to throw some light on this complicated issue.
The POE officer may ask the person if it is apparent that he can't fulfill the criterion . Furthermore the IRPA Act states that such officer would inform the necessary authorities but cannot seize the PR document till a judge has convened the case and passed an order .
On borderline cases , I am sure the CHC would give the benefit of doubt but the ball is in their court . In case the situation is to be judged on a humanitarian ground , the most important deciding factor would be the fate of a child involved ....... worse comes to worst if the judge is shown that the child/ren settled in Canada may have to suffer / be taken back they would most likely allow the case on humanitarian grounds .
Unless a person is taking the CHC for a ride (I knew of this case where though the person living outside had rented an apartment here to show fictitious presence ) the CHC may be lenient ---- but such a chance is not recommended as it might cost you a lot if you have to represent yourself legally .
What is gray for me is ---- if a person lives out of Canada for 3.5 years come back and lives continuously for 2 years and then applies for PR renewal what happens - as though he has breached his PR obligation he has been in the country for the last 2 years ....
And yes ... when you file in for PR renewal , you have to mention the days / dates and addresses where you have stayed both in Canada and out of . Hope this helps .
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Fido.
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Quote:
Originally posted by Fido
The POE officer may ask the person if it is apparent that he can't fulfill the criterion . Furthermore the IRPA Act states that such officer would inform the necessary authorities but cannot seize the PR document till a judge has convened the case and passed an order .
On borderline cases , I am sure the CHC would give the benefit of doubt but the ball is in their court . In case the situation is to be judged on a humanitarian ground , the most important deciding factor would be the fate of a child involved ....... worse comes to worst if the judge is shown that the child/ren settled in Canada may have to suffer / be taken back they would most likely allow the case on humanitarian grounds .
Unless a person is taking the CHC for a ride (I knew of this case where though the person living outside had rented an apartment here to show fictitious presence ) the CHC may be lenient ---- but such a chance is not recommended as it might cost you a lot if you have to represent yourself legally .
What is gray for me is ---- if a person lives out of Canada for 3.5 years come back and lives continuously for 2 years and then applies for PR renewal what happens - as though he has breached his PR obligation he has been in the country for the last 2 years ....
And yes ... when you file in for PR renewal , you have to mention the days / dates and addresses where you have stayed both in Canada and out of . Hope this helps .
I also have the same confusion. That means everybody who stays here for one day after getting PR but returns back after 5 years before the expiry of PR card can keep staying here continuously for any number of years. Yes renewal may be a problem but not citizenship. Akhil can stay for one more year and apply for citizenship instead of applying for PR but then he will not be able to leave the country for one more year
In PR Card renewal Application form, they are asking only about the last
five years. So if one is short of few days for 730 days in the first five year period, can they delay the renewal till they accumulate these 730 days (even though the card has expired at the time of renewal application is made) and get it renewed with out any problem?
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5444E.pdf
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Bala
Thanks Fido
You are very right. One has to be careful
Perhaps I was lucky.
But please let me know what happened to your friends who have not been able to complete 2 out of 5 years here
reg,
Akhil
