How NOT to lose permanent residence

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How NOT to lose permanent residence

Loss of status concerns relating to Residency obligations

1. When will residency obligations be assessed
    • On every entry to Canada
    • PR Card or PR Travel Document applications
    • Citizenship applications
    • Sponsorship applications

2. What qualifies as “residence” and how to prove it
    • Physical residence
    • Residence with a Canadian citizen spouse overseas
    • Employment overseas by a Canadian business
    • Employment overseas for federal public administration or public service of a province
    • Be careful with locally engaged staff!
    • Spouse of a PR employed overseas in either of the above

3. Humanitarian circumstances and how to prove it
    • What types of circumstances can be considered?
    • Family circumstances
    • Employment/financial needs
    • Medical issues
    • Country/international/political circumstances
    • Ignorance regarding the law
    • Other
    • How would you go about proving it?

4. Strategic considerations when residency obligation not met
    • If the person is in Canada, can they remain until residency obligation is met and apply thereafter?
    • If the person is overseas, can they enter Canada and stay until residency obligation is met? If so:
    • How to time entry to Canada?
    • Where to enter Canada?
    • How to handle the entry to Canada?
    • Is it better to apply inland for a PR Card or overseas for a PR Travel Document

Loss of status concerns relating to Misrepresentation in PR applications
 
1. What was reported as being your intention:
    • PNPs
    • Skilled workers
    • Investors/entrepreneurs

2. How to manage and document required changes as you move forward

3. Strategic considerations:
    • Up front disclosure of changed circumstances
    • Wait and see approach
    • Pros and cons of each