PR Status and Advice

Old Mar 9th 2017, 9:01 pm
  #16  
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Default Re: PR Status and Advice

Former Lancastrian - agree with your point about resolving the PR status first. I would not do anything that is not above board.

One other question - is it worth engaging an immigration expert to resolve the PR status or should I just go direct?
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Old Mar 9th 2017, 9:02 pm
  #17  
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Default Re: PR Status and Advice

Originally Posted by UK_Curious
Former Lancastrian - agree with your point about resolving the PR status first. I would not do anything that is not above board.

One other question - is it worth engaging an immigration expert to resolve the PR status or should I just go direct?
If you're just going to renounce it, then there's no point in paying anybody to do that IMO. You can see from the link above that it's a fairly straightforward process and just involves a bit of form filling.

Good luck.
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Old Mar 9th 2017, 9:25 pm
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Default Re: PR Status and Advice

I am very appreciative of the responses to my questions.

If I were to try and apply for renewal of my PR and stated that I have approx. $500,000 CAD to invest - would that sway any decisions?

I can state all the issues of looking after parents etc but if that does not hold any water then all I have to fall back on is my financial strength.

I would relinquish the PR if I did not want to go but I am grasping at all the straws in hope that one will help me go over.

Your thoughts on the idea of bringing wealth over. Would that help?
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Old Mar 9th 2017, 11:19 pm
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Default Re: PR Status and Advice

Originally Posted by UK_Curious
I am very appreciative of the responses to my questions.

If I were to try and apply for renewal of my PR and stated that I have approx. $500,000 CAD to invest - would that sway any decisions?

I can state all the issues of looking after parents etc but if that does not hold any water then all I have to fall back on is my financial strength.

I would relinquish the PR if I did not want to go but I am grasping at all the straws in hope that one will help me go over.

Your thoughts on the idea of bringing wealth over. Would that help?
Given you have your own business and significant available funds if you need to reapply you should look into some of the PNP Business Investor programs. The benefit is far quicker processing but you do need to commit to live in a certain Province. Most require you to employ at least one Canadian and put a cash deposit up that you get back when you've complied with certain criteria including living in the sponsoring Province.
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Old Mar 10th 2017, 8:32 pm
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Default Re: PR Status and Advice

Originally Posted by UK_Curious
I am very appreciative of the responses to my questions.

If I were to try and apply for renewal of my PR and stated that I have approx. $500,000 CAD to invest - would that sway any decisions?

I can state all the issues of looking after parents etc but if that does not hold any water then all I have to fall back on is my financial strength.

I would relinquish the PR if I did not want to go but I am grasping at all the straws in hope that one will help me go over.

Your thoughts on the idea of bringing wealth over. Would that help?
You can't "renew" your PR, unfortunately.. you either meet the required residency or you don't - and no Immigration Consultant is going to be able to help you retain it, you just don't have sufficient grounds (based on what you have said). Please don't waste your money on trying to find a way around it, after 7 years there really isn't any.

I would reliquish your PR and reapply; there's been some good suggestions of different routes you may be able to get in under, do look into the business / start up routes!.

Wishing you the very best of luck and I, too, am sorry to hear of the loss of your father.

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Old Mar 11th 2017, 3:04 am
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Default Re: PR Status and Advice

The less scrupulous among "immigration consultants" will possibly advise you the following:

1. fly to US using ESTA/VWP. Use a return ticket.
2. drive up to Canadian border, use your UK PP to enter Canada. Do not mention your PR card or status. Hope the CBSA officers are blissfully unaware of your PR status and admit you as a visitor.
3. once in Canada, use your COPR to establish yourself. Throw away the return ticket. Do not apply for a new PR card.
4. lay low for >2 years and do not leave Canada. Once you have accumulated enough time, apply to extend your PR card. IRCC only go 5 years back.
5. result !?

No idea if this is legal. No idea if it still "works". I am certainly not advising you to go this route.
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Old Mar 11th 2017, 4:00 am
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Default Re: PR Status and Advice

Originally Posted by FishAndChips00
The less scrupulous among "immigration consultants" will possibly advise you the following:

1. fly to US using ESTA/VWP. Use a return ticket.
2. drive up to Canadian border, use your UK PP to enter Canada. Do not mention your PR card or status. Hope the CBSA officers are blissfully unaware of your PR status and admit you as a visitor.
3. once in Canada, use your COPR to establish yourself. Throw away the return ticket. Do not apply for a new PR card.
4. lay low for >2 years and do not leave Canada. Once you have accumulated enough time, apply to extend your PR card. IRCC only go 5 years back.
5. result !?

No idea if this is legal. No idea if it still "works". I am certainly not advising you to go this route.
It would be an interesting case to put before the Federal Court.

All persons entering Canada present themselves for examination unless exempt be it pre clearance or other means where provided for in the Act.
So someone who turns up at a land or rail border crossing is presenting themselves for examination as per section 15(1) IRPA.

Now normally a person is asked questions. If someone was presenting me a UK passport I would be asking them What is the purpose of your visit?
How would the person answer I have no idea in a case like this. But if they answered just visiting then would they have contravened section 16(1) of IRPA which reads as follows

Obligation — answer truthfully

16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Now if they answered Im a PR of Canada I would then be asking to see proof of their status be it a valid PR card or their landing document. Once I have established that they are a PR then they have a legal RIGHT to enter Canada as per section 19(2) of IRPA.

So the person enters.
What happens next? Are they shipping over any personal effects such as furniture etc etc. If so how will they then clear their goods? I would be asking to see a B4 that was filled out when they landed plus their landing document.
Would I notice the 2010 landing date? Would I think it strange that the goods were being imported some 7 years after landing? Why would that be? Is it then I suspect all is not in order?

Some have done this and been successful whereas others have been caught.
Some had been here for a year then made a day trip to the USA and got caught on their way back as they still wouldn't have met the required 730 day residency obligation.

Under section 28(1) A PR must comply with the 730 day residency obligation unless falling in one of the provisions as set out in 28(2).

So if the person lied on entry under section 16(1) could I then report the PR for Misrepresentation under section 40(1)(a)
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

Because the person directly misrepresented themselves as a visitor and it was subsequently established that they did this to avoid the discovery of not meeting the 730 day residency obligation they avoided a report being written on them at the time of entry and a removal order being issued against them also at the time of entry which would not be enforceable until after 30 days during which the removal order could be appealed.

Its not something I would risk be it legal or not.
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