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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101023
Experience:  Lawyer
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I have landed in Canada in early 2013, I have became

Customer Question

Hello, I have landed in Canada in early 2013, I have became a PR on Feb/09/2013 and undertaking 36 months. I got a PR card and claimed as non-resident status. My partner is a Canadian, due to work and earning for living; now we have lived separately. I am in China and he is in Vancouver. I know that I have to maintain 2 years out of 5 years either physical live in Canada or live with my partner. I want to ask you:
1. I do not want to lose my PR status; can I defer my landing period? Such as, I assume to change my landing date. Change from 2013 to 2017? Is it possible to submit this request to CIC? If I do so, does it mean I have to start as beginning to re-apply my immigrant? My goal is to delay my landed status count for 2 more years, and I do not want to lose my PR status.
2. Is there any way for me not to lose my PR status?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you working for a Canadian employer in China?
Customer: replied 2 years ago.
No, I am not. You have not respond my question yet?
Customer: replied 2 years ago.
Hello are you there?
Expert:  Debra replied 2 years ago.
I could not answer until you gave me the information I needed. It took you over one full day to yrespond to me.You cannot defer your landing period. You were already granted PR status and you entered Canada and then left. You cannot get an extension on making the residency requirements. You had to be physically present in Canada and if not you had to be out of Canada either working for a Canadian employer or else accompanying a Canadian citizen spouse. You will have to start over unfortunately.
Customer: replied 2 years ago.
Due to time different, it took me a full day to view your answer. Are you saying that if I am not staying in Canada 2 full years out of 5, then I am not eligible to retain my PR status?
Expert:  Debra replied 2 years ago.
Yes that is what I am saying.
You cannot start the clock running when it works out best unfortunately. The clock started running when you entered Canada and were given your PR status.
Customer: replied 2 years ago.
You say that start over again, meaning I have to re-submit my application to CIC? What if I go back to Canada with my partner in 2018, and I stay there for re-apply in Canada? Can I do so?
Customer: replied 2 years ago.
Will I get the approval on reapplication? Have you experience any case which did not approve the 2nd submission? What is your professional advise to me? I do not want to have any chance of failure on my application.
Expert:  Debra replied 2 years ago.
There is no reason at all that you would not be granted PR status again if this is a spousal sponsorship so long as you can prove the marriage is bona fide.You should not apply until you are ready to move to Canada though as it would not make sense to let this happen a second time.