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Failing to comply with PR obligations

Failing to comply with PR obligations

Old May 24th 2011, 10:04 am
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Default Failing to comply with PR obligations

Hi,

My son has a perminent residence visa and landed a couple of years ago but has lived in the UK since, waiting for the best time to move to Canada. In order to fulfill the obligated 730 days in 5 years in Canada he'd have to move to Canada perminently by March 2012. It's possible that he won't quite be able to move over by then so we need to find out what happens if he doesn't and what he would have to do in order to stay in Canada. Has anyone any idea?

Thanks

Steve
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Old May 24th 2011, 10:32 am
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Default Re: Failing to comply with PR obligations

Originally Posted by compo
Hi,

My son has a perminent residence visa and landed a couple of years ago but has lived in the UK since, waiting for the best time to move to Canada. In order to fulfill the obligated 730 days in 5 years in Canada he'd have to move to Canada perminently by March 2012. It's possible that he won't quite be able to move over by then so we need to find out what happens if he doesn't and what he would have to do in order to stay in Canada. Has anyone any idea?

Thanks

Steve
my understanding is that he would start the process from scratch. Im pretty sure they would not extend the visa.
Good luck
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Old May 24th 2011, 10:09 pm
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Default Re: Failing to comply with PR obligations

He'd lose his PR status, and if he is still interested in moving to Canada, would have to reapply (possibly finding another visa route as things have changed dramatically in the last couple of years in immigration).

Don't forget that any time outside of Canada counts against the '2 in 5' rule, so a holiday back to the UK or even a shopping trip over the border to the US wouldn't count as time spent in Canada. For that reason, the recommendation is always to give yourself a few months leeway, in case you need to leave Canada for an emergency. So if March 2012 is the latest he needs to be there, it would be best if he could move late 2011 instead.

Is there a specific reason he's not been able to move yet? Is it something that can be overcome?

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Old May 25th 2011, 9:26 am
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Default Re: Failing to comply with PR obligations

Hopefully he will make it in time but we're just looking at the worst case scenario. If he had to reapply do you know if he can do it whist here on his current visa and could I sponsor him?
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Old May 25th 2011, 9:34 am
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Default Re: Failing to comply with PR obligations

Originally Posted by compo
Hopefully he will make it in time but we're just looking at the worst case scenario. If he had to reapply do you know if he can do it whist here on his current visa and could I sponsor him?
He could reapply in Canada, but unless he's a dependent child, you couldn't sponsor him under the Federal Family Class program. Which province are you going to? Some allow for adult children to be sponsored under their Provincial Nominee Program.

If he's not classed as a dependent child and you're not in one of the provinces that allow parents to sponsor an adult child, he'll have to find his own visa route I'm afraid.
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Old May 25th 2011, 9:34 am
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Default Re: Failing to comply with PR obligations

Hi

Originally Posted by compo
Hopefully he will make it in time but we're just looking at the worst case scenario. If he had to reapply do you know if he can do it whist here on his current visa and could I sponsor him?
1. You could only sponsor him if he was under 22 and still a dependent.
2. To re-apply, if he doesn't meet the PR residency requirements, he has to first voluntarily relinquish his PR status, before CIC will consider a new application.
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Old May 25th 2011, 9:41 am
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Default Re: Failing to comply with PR obligations

Unfortunately he's neither under 22 or a dependent child. He'd be coming to Calgary if that makes any difference. I think he'll just have to make it over by March.
Thanks for your help
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Old May 25th 2011, 9:44 am
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Default Re: Failing to comply with PR obligations

Originally Posted by compo
Unfortunately he's neither under 22 or a dependent child. He'd be coming to Calgary if that makes any difference. I think he'll just have to make it over by March.
Thanks for your help
Unfortunately, Alberta did have a Family Stream under their PNP until the middle of last year, when they stopped it - although the waiting time was approx 4 years anyway.

So there is definitely no way of you sponsoring him, he'll either have to get there by late 2011/early 2012 (as I said previously, don't go at the last minute to allow for emergency trips out of Canada), or find another visa route to apply for on his own.
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Old May 25th 2011, 10:00 am
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Default Re: Failing to comply with PR obligations

Thanks for the advice
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Old May 25th 2011, 9:13 pm
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Default Re: Failing to comply with PR obligations

Originally Posted by compo
Hi,

My son has a perminent residence visa and landed a couple of years ago but has lived in the UK since, waiting for the best time to move to Canada. In order to fulfill the obligated 730 days in 5 years in Canada he'd have to move to Canada perminently by March 2012. It's possible that he won't quite be able to move over by then so we need to find out what happens if he doesn't and what he would have to do in order to stay in Canada. Has anyone any idea?

Thanks

Steve
Hi Steve,
If it turns out your son doesn't use his PR, can you ask him if I can have it?

Katie
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