Preserving Permanent Residence Status - ****Residency obligation can't be met... Help*****

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****Residency obligation can't be met... Help*****

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=13589
Printed Date: 16 May 2024 at 9:48am

Topic: ****Residency obligation can't be met... Help*****

Posted By: jaroddz
Subject: ****Residency obligation can't be met... Help*****
Date Posted: 14 Sep 2013 at 10:17pm

Hi guys,

I'm seeking your advice about the situation of my brother he's a doctor and permanent resident of canada since December 2011, he stayed for a month back than and had to go back to finish his 3 years of doctorate option to become pediatrician, now he has one more year to go, march 2015 he's planning to come to canada and stay for good, by then he'll not meet the residency obligation of 2 yrs (3 or 4 months short, 23 months in total), he can't make to here sooner as he have to pass the last exam.

What should he do? all member please share your thoughts..

Replies:

Posted By: jaroddz
Date Posted: 17 Sep 2013 at 9:25am

Hi guys,

Anyone can share his experience.

Thanks,

Posted By: dpenabill
Date Posted: 20 Sep 2013 at 1:34pm

Contact a lawyer and discuss options with the lawyer.

If there was a way to spend a few weeks at a time in Canada, during breaks or holidays, that could make up the gap or at least evidence commitment to Canada that may make the difference in making a H&C case. In the past, CBSA has been relatively lenient at the POE when a PR with a currently valid PR card is returning to Canada and the PR has had periodic entries into Canada and there is still a substantial amount of time left before the PR reaches the fifth year anniversary of landing. I am not at all sure that CBSA continues to be liberal or lenient in this regard, so it is best to discuss this with a lawyer. And of course there is always a risk involved when one falls short of meeting the prescribed obligation.

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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

Posted By: mero1984
Date Posted: 06 Oct 2013 at 5:29pm

if he is able to come to canada even 1 month before his PR expires, and CBSA does not stop him at the border, then he can stay for uninterrupted 2 years from that date, and renew his PR after 2 yrs. as simple as that. I am certain because i once consulted a lawyer for that; i am saving you the money of a lawyer.

Best wishes.

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