GC and Canadian PR

savant123456

Registered Users (C)
Hi Guys,

I am in the process of AOS with my I485 pending. Some time back I had also applied for my Canadian PR. I wanted to know can a person have both GC and Canadian PR stamped in a passport? What happens in this case? If I get Canadian PR stamped in my passport first will that be a problem when I get my GC stamped? What happens to the PR once the GC is stamped?

Thanks for your replies,

-Savant
 
Originally posted by savant123456
Hi Guys,

I am in the process of AOS with my I485 pending. Some time back I had also applied for my Canadian PR. I wanted to know can a person have both GC and Canadian PR stamped in a passport? What happens in this case? If I get Canadian PR stamped in my passport first will that be a problem when I get my GC stamped? What happens to the PR once the GC is stamped?

Thanks for your replies,

-Savant


I know of people who have both Canadian PR and US GC, but not aware of the legality of it. Maybe the gurus could throw some light on this.

TIA
dyno
 
If I get Canadian PR stamped in my passport first will that be a problem when I get my GC stamped?

-------- No problem if you get Canada PR stamp in your passport, nothing will happen, no questions asked, US immigration is not interested in your Canada PR stamp, if your US GC is approved you will get US GC.
 
I am a little confused by this, if *possible* I would like to keep my Canadian PR along with GC, visit canada etc using PR. Someone mentioned that one needs to to submit one of the PR's at the POE, if true then this is a mute point. Has anyone successfully maintained Canadian PR along with US GC? The reason I want to do this is so that I can sponsor my parent's PR for Canada, there is obviously no chance of that in US in the near future.

Any pointers on this?

Bottomline: Has anyone done this before? i.e. maintain Canadian PR to eventually get Canadian citizenship at the same time holding on to US GC?

-Savant
 
I am a little confused by this, if *possible* I would like to keep my Canadian PR along with GC, visit Canada etc using PR.

---- After landing in Canada you can stay out of Canada for 3 years in any 5 years (they DON’T keep your exit records)
Someone mentioned that one needs to to submit one of the PR's at the POE, if true then this is a mute point. Has anyone successfully maintained Canadian PR along with US GC?
----- I know one case Mr X got his Canada PR in 2002 and landed in Canada applied his PR card, got the PR card (remember at this time his I-485 was pending in US) was back to US after landing only stayed in Canada for 2 days. His friend in Canada received his PR card, and he mailed the PR card to Mr X in US. 4 months back he got his US GC, no questions were asked for his US GC. He went to Canada just for a visit few days back from US and the idiot at border crossing Canada immigration asked him what is your status he could have replied “Canada permanent resident” but the idiot Mr X showed both US GC and Canada PR to Canada immigration. He just got a warning that if he is staying in US and have US GC why he should not surrender Canada PR? He replied he would decide later as by law he can stay out of Canada for 3 years. So when he entered US from Canada he just showed his US GC.
I hope at one point you have to choose one PR



The reason I want to do this is so that I can sponsor my parent's PR for Canada, there is obviously no chance of that in US in the near future.

------ To sponsor Parents for Canada you should stay IN Canada, talk to Canada immigration lawyer

Any pointers on this?

Bottomline: Has anyone done this before? i.e. maintain Canadian PR to eventually get Canadian citizenship at the same time holding on to US GC?
----- I don’t know. But I read a post from someone 5-6 months back that he never stayed for 3 years in Canada and applied Canada citizenship and lied on citizenship form and got Canada citizenship I don’t know much details. I think it was a post from Trueman99 in Canada related threads.
 
As long as you continue to live in the US, your Canadian PR will not be an issue for obtaining and retaining your GC. However, I think it is doubtful that you can legally retain your Canadian PR. See this link
 
w8nC,

Thanks for a very interesting link, it answers a lot of questions.

Article says:

The Immigration and Refugee Protection Act (IRPA) establishes residency requirements and obligations with respect to each five-year period after the granting of permanent residency status. Pursuant to subsection 28(2), a permanent resident complies with the residency obligation provisions if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada or is:

outside Canada accompanying a Canadian citizen who is his or her spouse or common-law partner or is a child accompanying a parent;

outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; or

is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.


- describe "accompanying outside Canada."

The regulations provide that each day a permanent resident is outside of Canada accompanying a permanent resident or Canadian citizen is deemed a day of physical presence in Canada, provided that the person accompanied is a spouse, common-law partner or parent with whom he or she ordinarily resides. In situations where the person being accompanied is also a permanent resident, only the days on which that person is in compliance with residency obligations may be counted as days of physical presence in Canada by the accompanying permanent resident.


==> So if you read tha above carefully it says that each day a permanent resident is outside of Canada accompanying a permanent resident or Canadian citizen is deemed a day of physical presence in Canada, provided that the person accompanied is a spouse. Since my spouse is a Canadian citizen, I should be able to pull this off?

-Savant
 
Please keep posted

I am in the same situation, but my canadian PR is still pending for approval(over 2 yrs now). Please keep the thread updated. Appreciated. I will keep posting to threads all happening with my PR to Canada.
 
Multiple Residency

Few days ago I had posted a similar question only that I had a Australian PR going simultaneously with the US GC. Recently I got the Australian PR visa on passport and have visited Australia. I re-entered USA with my AP since 485 is pending.

I have not encountered no problem whatsoever. The US immigration is not interested in other PR's. All they care is once you are issued the GC, you meet the criteria. That's all.

If asked I would have replied that I was not sure if the USA GC would come through due to economic conditions and applied the other PR as a fall back. Anyone would understand it. Moreover, it is not against the law in the USA if you apply for other PR.

Hope this helps.
 
"Intention" is a big issue here

"Intention" is a big issue here.

Previously both USA and Canada used to require PRs to show their "INTENTION" to live permanently in the country. So if you had GC and Canadian PR then both immigration used to force you to give-up one. I know people who faced this situation in the border post. I person got a week time to decide and another person had to decide on spot. Both of them were entering USA by land and US-Immigration made all these trouble.

Canada gracefully backed-out from this "Intention" rule. The Canadian law clearly says "Elimination of the concept of intent to abandon Canada The new Act establishes clear and objective criteria based on physical presence in Canada rather than on factors establishing intent not to abandon Canada."

Unfortunately, USA is still keeping the old rule. GC holder need to show the intention that he will permanently live in USA. This is silly. Who knows the absolute intention and how to prove it!! Though it is now a lot easier because you can tell that you have no intention to live in Canada (previously if you did that then they could pass your landing paper to Canadian Immigration with you current intention).

**Note: This is based on my knowledge and information I got. I might me right or WRONG. So talk to a lawyer before you take any steps in this GC vs. PR area.
 
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