Live in Canada less then 2 years |
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kal_ottawa
Top Member Joined: 24 Mar 2010 Status: Offline Points: 815 |
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Posted: 12 Oct 2011 at 1:26pm |
Hello,
I have a friend who is worried about his status in Canada.
He did not live in Canada yet. The last 2 years are approching. We now that he has to live in Canada at least 2 years within 5 years to preserve his PR status.
His question is: In the case where he will get a job in Canada a year (as example) before the end of the 5 years, obviously he will have only one year of physical presence, what he has to do?
He will lose his job?
What status will he have....
Thanks for your help.
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|sent:dec14,2009|received:dec16|ecas:may21|letter:jun10|process:nov11|transfer:jan05|FP:feb01|test:mar15|oath:apr20,2011|
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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The key to preserving PR status for most PRs is being in Canada and, if not in compliance with the RO (Residency Obligation), staying in Canada and not doing anything to initiate a CBSA or CIC contact until after coming into compliance. Once in Canada, so long as there is no removal order issued, a PR who is not in compliance with the RO still has valid PR status. There is no impact on the PR except, again, such a PR should not travel abroad (since the attempt to return to Canada necessarily entails a contact with at least CBSA at a POE which may result in the issuance of a removal order for being in breach of the RO), and the PR should not otherwise initiate contact with CIC or CBSA. The Canadian government does not go looking for PRs in breach of the RO unless the PR has done something to initiate contact. A PR abroad initiates contact by approaching a POE to return to Canada, or by applying for a TD if necessary because the PR does not have a currently valid PR card. In order to return to Canada, a PR abroad who is in breach of the residency obligation cannot avoid contact. Usually the sooner this is done the better, since duration of the breach is among H & C grounds to be considered. Despite being in breach of the RO, a PR physically in Canada who has no proceedings pending, no removal order outstanding for example, is in excellent shape: all that PR has to do is continue staying and living in Canada until coming into compliance. Once in compliance, the previous breach of the RO is totally irrelevant, totally cured. So, a PR physically in Canada and in breach of the RO only has to avoid initiating contact with CBSA (as in, avoid the border, stay in Canada) or contact with CIC. Commiting a serious criminal offence may initiate the involvement of CBSA or CIC, for example. But, the most common errors made by PRs who are in breach of the RO, and physically in Canada, are applying to renew their PR card (they should wait until they are in compliance with the RO then apply for the new PR card), or applying to sponsor a family member (which evokes an assessment of their eligibility to sponsor and . . . the results are predictable depending on the totality of the circumstances including, in particular, just how much in breach of the RO they are). |
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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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kal_ottawa
Top Member Joined: 24 Mar 2010 Status: Offline Points: 815 |
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thanks depenabill!!
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|sent:dec14,2009|received:dec16|ecas:may21|letter:jun10|process:nov11|transfer:jan05|FP:feb01|test:mar15|oath:apr20,2011|
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