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Judge hearing and events after that

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sarin_j View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sarin_j Quote  Post ReplyReply Direct Link To This Post Posted: 28 Aug 2016 at 11:49pm
dpenabil, the scenario you explained was not mentioned to me by the lawyer. If so, then its quite possible that I may have already lost the PR status as I been out of Canada for more than 1095 days in the past 5 years. Eitherway, I have now moved out of Canada pretty much permanently. Last month I closed down my company completely and moved all my operations to US. One good thing with tech consulting is that you can do your job pretty much from anywhere. So now I don't have anything that ties me back to Canada and most likely I might have to start from the scratch if and when I decide to come back to Canada. I sure will miss being a Canadian Cry It was something I was rather proud of.
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 30 Aug 2016 at 11:20pm
Originally posted by sarin_j sarin_j wrote:

dpenabil, the scenario you explained was not mentioned to me by the lawyer. If so, then its quite possible that I may have already lost the PR status as I been out of Canada for more than 1095 days in the past 5 years. Eitherway, I have now moved out of Canada pretty much permanently. Last month I closed down my company completely and moved all my operations to US. One good thing with tech consulting is that you can do your job pretty much from anywhere. So now I don't have anything that ties me back to Canada and most likely I might have to start from the scratch if and when I decide to come back to Canada. I sure will miss being a Canadian. It was something I was rather proud of.


A PR continues to be a PR unless and until formally losing PR status. Good chance you are still a PR. And maybe this is what the lawyer was referring to. But . . .

There is a difference between being in breach of the PR Residency Obligation and actually losing PR status. PR status is not lost until it is formally adjudicated as lost. So, unless you have been issued a Removal Order, or denied a PR Travel Document, or formally surrendered PR status, you would still have PR status. But as I observed before, that does not really mean a whole lot after being in breach of the PR RO by a real lot, since the next time you attempted to go to Canada would probably trigger the formal process for losing PR status.

So, you may indeed still be a PR, but not able to return to live in Canada as a PR because you will likely lose it if you tried. In the past, though, many PRs who were outside Canada for a very long time somehow managed to get back into Canada without being reported, and then all they had to do was stay for two years, and then their breach of the PR is cured, they can apply for a new PR card, and continue to be a PR. But this is dependent on getting into Canada without being reported, which is more and more difficult to do as border controls, even for driving across the border, get more and more strict.

In any event, probably obvious that I very much think highly of being a Canadian, and while I have had my share of disappointments in life, becoming a Canadian has made up for a lot of them.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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sarin_j View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sarin_j Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2017 at 8:49pm
So, you are still a PR until you are explicitly removed or your PR status officially surrendered. If getting into Canada is the only road block, how about being a US citizen? Once you are a US citizen, you can enter Canada without any issue. Once you are there, and if you continue to live for 2 years, can you renew your PR status? I think that is what the lawyer was referring to.

I don't have any regrets even though the process was a nightmare. Instead I am quite disappointed in the offhand way Citizenship judges are appointed who have serious discretion over peoples lives. Some of these judges are so ignorant, biased and outright stupid, it really angers me to see how they hold sway over people's lives. I was fortunate that I could keep going with some major inconveniences, but what about people who perhaps face a life or death situation at the hand of these judges? That was my only concern.
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