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PR due to expire, future options help requested

PR due to expire, future options help requested

Old Oct 23rd 2014, 4:31 am
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Question PR due to expire, future options help requested

I gained my PR in April 2010 after a 3-4 year process, but circumstances due to the global financial crisis made it difficult to move at the time.

I submitted an address of friends in Canada 9 months later, but I was unaware that there was a 6 month time limit from my landing to do this. I contacted the CHC in London via email and letter to gain advice, but never received a reply. Since then I have resigned myself to not even visiting Canada as I read that I would need "permission to travel" and did not receive any help with this either.

But that is in the past and I now have new Canadian opportunities ahead of me that I'd like to explore. It would however be helpful to start with what I have (or do not have) as the case may be with regards to my current PR status.

My first questions relates to this:

My PR expires in April 2015 and I have not lived in Canada for the requisite 2 years to maintain it. I do not have a permanent address in Canada, but I have friends willing to both provide one as well as let me stay.

My long term goal is continuing with my base in the UK with travel to Canada approximately four times per year for 1-2 weeks at a time to give talks, teach and promote the industry that I am in for Canadian businesses when required.

Q1: is there a process for me to extend my PR while it is current or is a new application required?

Q2: I have 5 months remaining of my PR, what are my options on visiting/working in Canada for the short term?

Your opinions would be welcome with many thanks.
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Old Oct 23rd 2014, 5:08 am
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Default Re: PR due to expire, future options help requested

Originally Posted by Dynamics

Q1: is there a process for me to extend my PR while it is current or is a new application required?

Q2: I have 5 months remaining of my PR, what are my options on visiting/working in Canada for the short term?
Move to Canada right away and don't leave for 2 years. Presumably you have your PR card as proof of PR for entry to Canada.
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Old Oct 23rd 2014, 5:13 am
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Default Re: PR due to expire, future options help requested

Legally as it stands you are still considered a PR HOWEVER as you do not meet or cannot meet the 730 day residency obligation chances are you would be reported for failing to meet this requirement or asked to voluntarily relinquish your PR status. If reported you would be issued with a removal (departure order) but would have 30 days plus 7 days postage to appeal the order. Based on what you have posted I see no Humanitarian & Compassionate grounds on which to base your appeal.

Read this link about loss of PR status

http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
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Old Oct 23rd 2014, 8:33 pm
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Default Re: PR due to expire, future options help requested

Originally Posted by Former Lancastrian
Legally as it stands you are still considered a PR HOWEVER as you do not meet or cannot meet the 730 day residency obligation chances are you would be reported for failing to meet this requirement or asked to voluntarily relinquish your PR status. If reported you would be issued with a removal (departure order) but would have 30 days plus 7 days postage to appeal the order. Based on what you have posted I see no Humanitarian & Compassionate grounds on which to base your appeal.

Read this link about loss of PR status

http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
Thank you, as I had expected. I have no issue with the rules as it makes perfect sense.

So to follow from this point:

- is there any mechanism (or benefit) for me to reapply before the PR expires?

- if I understand correctly then, I could travel to Canada, give up my PR on entry, and continue as a regular traveller from that point without being denied entry? Or would another process be recommended?
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Old Oct 24th 2014, 10:00 am
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Default Re: PR due to expire, future options help requested

Originally Posted by Dynamics
Thank you, as I had expected. I have no issue with the rules as it makes perfect sense.

So to follow from this point:

- is there any mechanism (or benefit) for me to reapply before the PR expires?

- if I understand correctly then, I could travel to Canada, give up my PR on entry, and continue as a regular traveller from that point without being denied entry? Or would another process be recommended?
Until a decision has been made as to your PR status via an appeal or voluntary relinquishment you are still a PR. You wouldn't be denied entry but if the removal order is issued and no appeal is filed from the date of arrival you would have 67 days to leave and have your departure confirmed.
Once PR has been relinquished or lost under the Act then you could reapply.
Cant reapply before it expires or no decision has been made. You would not be treated as a visitor while you still have PR status.
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Old Oct 24th 2014, 10:10 am
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Default Re: PR due to expire, future options help requested

Originally Posted by Dynamics

My long term goal is continuing with my base in the UK with travel to Canada approximately four times per year for 1-2 weeks at a time to give talks, teach and promote the industry that I am in for Canadian businesses when required.
In addition to FL's authoritative comments, I don't see why you actually need PR if you only want to give talks, teach and promote your industry a few times a year.

As long as you aren't being paid from Canadian sources you can do that on visitor visas.

Edit: It appears you're a Uk citizen, so you don't even need a visa. (Once your PR has expired).

Last edited by Novocastrian; Oct 24th 2014 at 10:14 am.
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Old Oct 25th 2014, 2:43 pm
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Default Re: PR due to expire, future options help requested

Originally Posted by Novocastrian
Edit: It appears you're a Uk citizen, so you don't even need a visa. (Once your PR has expired).

There is no provision in the Immigration & Refugee Protection Act for permanent resident status to "expire". It needs to be either removed (for example, for failing to meet residence requirements) or voluntarily renounced.
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Old Oct 26th 2014, 5:10 am
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Default Re: PR due to expire, future options help requested

Originally Posted by Novocastrian
In addition to FL's authoritative comments, I don't see why you actually need PR if you only want to give talks, teach and promote your industry a few times a year.

As long as you aren't being paid from Canadian sources you can do that on visitor visas.

Edit: It appears you're a Uk citizen, so you don't even need a visa. (Once your PR has expired).
Thanks for the post reply as well as FL.

There seems to be an issue under R186(j) below:

Temporary Foreign Worker Program: Authorization to work without a work permit – Public speakers

I read elsewhere that using the term "giving a lecture or teaching", even for a week or two, would be questioned further upon arrival and would create an impact on the labour market and would be rejected (or charged $150 at the time for a permit?)

However, being a "guest speaker" for no longer than five days would be fine. The issue for me is if a Canadian organisation is prepared to pay for my services for a week or two every three or four months.

Any opinions would be appreciated further.
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Old Oct 26th 2014, 1:07 pm
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Default Re: PR due to expire, future options help requested

Originally Posted by JAJ
There is no provision in the Immigration & Refugee Protection Act for permanent resident status to "expire". It needs to be either removed (for example, for failing to meet residence requirements) or voluntarily renounced.
Well yes, but that's a bit nicky-picky. PR is lost as you say when you fail to meet the residency requirement.
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Old Oct 26th 2014, 1:12 pm
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Default Re: PR due to expire, future options help requested

Originally Posted by Dynamics
Thanks for the post reply as well as FL.

There seems to be an issue under R186(j) below:

Temporary Foreign Worker Program: Authorization to work without a work permit – Public speakers

I read elsewhere that using the term "giving a lecture or teaching", even for a week or two, would be questioned further upon arrival and would create an impact on the labour market and would be rejected (or charged $150 at the time for a permit?)

However, being a "guest speaker" for no longer than five days would be fine. The issue for me is if a Canadian organisation is prepared to pay for my services for a week or two every three or four months.

Any opinions would be appreciated further.

Is there a real prospect that you would be invited to speak / lecture for several weeks at a time? There may be, but I doubt it.

If you are invited to give a lecture here or anywhere else for that matter, it's OK to have your expenses paid for and to receive an honorarium for your trouble. You can do that as a visitor, although you would of course have to declare the honorarium on your home country tax return.
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Old Oct 31st 2014, 1:08 pm
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Default Re: PR due to expire, future options help requested

Originally Posted by Novocastrian
Well yes, but that's a bit nicky-picky. PR is lost as you say when you fail to meet the residency requirement.
Is lost? It may depend on circumstances. For example, if someone has 729 days of presence (instead of 730), is it really likely that permanent resident status would be terminated? How many 729 day cases have actually resulted in enforcement action?

The point to make is that loss of permanent resident status for failing to meet the residence requirement should normally occur, but requires specific enforcement action that might not actually occur.
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