Situation in my PR card renew !please help!

[RT]

Hi everyone,

I am very worry about my situation in the current PR card renew application, and I believe I did not make a smart move, how can I fix it?


:-\ Situation:

Sep2017 would be the time that I landed for 5 years, and also the time when my PR card expires. I did not live in Canada from Sep 2012 to May 2015. From May 2015 until now, I was hired by a Canadian company and got sent to their supplier factory in China to do quality control tasks, the job is a full time job and I have been paying tax in Canada since I was hired.

I see that my PR card is expiring soon, so when I was reporting work in Canada in early July 2017, I submitted the renewal application. I submitted the document as instructed by the official guide:

1) Application form
2) check list
3) Passport copy(photo page only)
4) PR card copy
5) T4 of 2015 and 2016
6) NOA of 2015 and 2016
7) Employment contract (expires in 2018)
8 ) Job offer letter
9) A letter from the employer (stating the my status in the company, and that i was sent abroad to perform duties, and the company & job was not set up just to let me meet the residency requirement)
10) NOA of the company 2016
11) Business registration copy
12) Annual assessment of my job performance 2016
13) communication email showing the supplier agreed with the employer to place me at their production site in China
14) Photo

After reading some articles in the internet, I learned that IRCC is being very strict to applicant who were present in Canada less than 2 years, and they will not just issue the new pr card to me without a very detail investigation on my job placement in China that I used it to fulfil the residency requirement.

My company source molding parts from China, and my job is to station at their supplier production site to ensure the quality of these components meet the standard before shipment. I issue report after the inspection and save the file. I do not have much written communication record with the company in Canada. I am worry that if I am getting the questionnaire, I won?t be able to give much more evidence to prove my job existence and lead to a refusal.


: Side information that may/may not help:

a) I bought a place in Canada and planning to physically live there after my PR card is renewed, the closing date of the place is in Mid Sept 2017 (just before my PR card expires)
b) I got married in Sep 2016 in Canada, with a non-resident (we met in Hong Kong and we are living in HK now), we plan to move to Canada after my PR card is renewed, so that I can sponsor her


Questions:

In your opinion?
1) Will I be refused straightway without asking to attend interview or to fill in questionnaire?
2) If not the case in 1) I know I will be definitely ask to attend interview, but what would be the chance for me to get the questionnaire too?
3) What is chance that they send my application to local office (I heard is more strict), and where is ?local office? anyway?
4) Is it correct that if I do not respond to the interview and questionnaire request after 180days, my application would be "abandoned", and that means they will not proceed my application any further (not a refusal), and I can still physically live and work in Canada without problem (if I can get in to Canada), right? And after I am solidly living in Canada for 2 years, can I re-apply to renew my pr card again?
5) If I do not have confidence to convince them I am working abroad for the Canadian company and fails to fulfil the residency requirement, what is the best I can do now at this moment to avoid losing my PR status?
6) When I travel by private car from US to Canada, how do I tell the officer that I ?do not (expired)? have the PR card? I?m holding Hong Kong passport, so it?s visa free to enter Canada as visitor, can I claim I am a visitor? Will they know in the system that I am not? Bear in mind that I will also have an US entry stamp in my passport suggested that I landed in US just before I am trying to enter Canada, so they will have the ?why are you flying to US and enter Canada? And not directly flying to Canada?? in their mind. I am struggling to find the ?right? reason to explained to the officer at US/CA boarder. Can you help?


Sorry for all the details and long questions. I would be very grateful if anyone can provide some guidance. Thanks.


BR

Ricky

 

[Riley Haas]

Hi Rickey, let me try to answer your questions:

1) Will I be refused straightway without asking to attend interview or to fill in questionnaire?

You will not be refused straight away, that just doesn't happen. (Unless you are refused because you applied from outside of Canada and they have rejected your proof of your job. Whether or not that can happen is a question for a consultant or lawyer - I am just the webmaster.) They will investigate thoroughly and you will likely be required to submit more information (the questionnaire) before you are requested to attend any office. This is often quite a long process (sometimes years). If they decide to revoke your status, you will be informed of their intention to that, and there is a whole process that also takes a very long time (involving appeals and such).

2) If not the case in 1) I know I will be definitely ask to attend interview, but what would be the chance for me to get the questionnaire too?

My guess is you are likely getting the questionnaire.

3) What is chance that they send my application to local office (I heard is more strict), and where is ?local office? anyway?

I'd say the odds are good that they will send it to the local office.

4) Is it correct that if I do not respond to the interview and questionnaire request after 180days, my application would be "abandoned", and that means they will not proceed my application any further (not a refusal), and I can still physically live and work in Canada without problem (if I can get in to Canada), right?

Yes, that's true. So, for example, if you return to Canada before your PR Card expires and are allowed to enter (that's up to CBSA), you would still have status once your card expires, just not a PR Card. We'd strongly recommend you wait a bit to apply for a new PR Card if this is the path you choose.

And after I am solidly living in Canada for 2 years, can I re-apply to renew my pr card again?

Yes. But I think the issue here is getting IRCC to accept that your job is legitimate, rather than waiting for a few years. This option could be easier on you, though.

5) If I do not have confidence to convince them I am working abroad for the Canadian company and fails to fulfil the residency requirement, what is the best I can do now at this moment to avoid losing my PR status?

Return to Canada as soon as possible.

6) When I travel by private car from US to Canada, how do I tell the officer that I ?do not (expired)? have the PR card?

You show your Confirmation of Permanent Residence (or Record of Landing) to the CBSA office at the border. They are supposed to let you in, in that situation. (Unless, of course, they strongly believe that you have not met the residency obligation.)

I?m holding Hong Kong passport, so it?s visa free to enter Canada as visitor, can I claim I am a visitor? Will they know in the system that I am not?

Not any more. This strategy would have worked for you up until November 2016. However, Canada now has something called an eTA, which all visa-exempt travelers (except Americans) need to get when flying to Canada. This system lets Canada catch the abroad PRs with expired cards who are trying to fly back to Canada as visitors.

Bear in mind that I will also have an US entry stamp in my passport suggested that I landed in US just before I am trying to enter Canada, so they will have the ?why are you flying to US and enter Canada? And not directly flying to Canada?? in their mind. I am struggling to find the ?right? reason to explained to the officer at US/CA boarder. Can you help?

Sure, they will figure this out. But, to the best of my knowledge (keeping in mind that I am just the webmaster and not one of Immigroup's consultants), they are supposed to let you enter as long as they believe you have valid PR status. The issue arises when they think you have violated your status in some way.

I hope this is at least somewhat helpful. I would strongly suggest speaking to one of our consultants, or another consultant or lawyer, to make your decision (or to respond to the questionnaire, if you get it).