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Query on PR Card Extension

swanidhi

Newbie
Jan 2, 2024
5
0
Hello,

I have elapsed about 4 years on my PR status but could not spend >10 nights in the country due to the pandemic and macroeconomic factors. I was able to secure a job in USA and was finally able to come closer to Canada.

Now that I am close to the PR card expiry date, could I still get another 5 years extension on the PR card or would CIC revoke PR status on account of not meeting the extension criteria? I learned from a few strangers that CIC was allowing a one-time extension because of covid.

Thank you in advance for your guidance.

Best,
Swan
 

scylla

VIP Member
Jun 8, 2010
93,397
20,752
Toronto
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05-10-2010
Hello,

I have elapsed about 4 years on my PR status but could not spend >10 nights in the country due to the pandemic and macroeconomic factors. I was able to secure a job in USA and was finally able to come closer to Canada.

Now that I am close to the PR card expiry date, could I still get another 5 years extension on the PR card or would CIC revoke PR status on account of not meeting the extension criteria? I learned from a few strangers that CIC was allowing a one-time extension because of covid.

Thank you in advance for your guidance.

Best,
Swan
There is no one time extension. You've been given bad / wrong information about that. You have to meet the residency obligation to be able to renew your PR card. You can try renewing the PR card with H&C consideration. However economic factors generally aren't considered as valid reasons for failing to meet RO. Also, of you want to try renewing under H&C, you would want to do that after making a move to Canada. You won't be successful if you are living and working in the US
 
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Copingwithlife

VIP Member
Jul 29, 2018
4,027
1,961
Earth
Hello,

I have elapsed about 4 years on my PR status but could not spend >10 nights in the country due to the pandemic and macroeconomic factors. I was able to secure a job in USA and was finally able to come closer to Canada.

Now that I am close to the PR card expiry date, could I still get another 5 years extension on the PR card or would CIC revoke PR status on account of not meeting the extension criteria? I learned from a few strangers that CIC was allowing a one-time extension because of covid.

Thank you in advance for your guidance.

Best,
Swan

Adding

The pandemic has been over for, let’s just say awhile


“and was finally able to come closer to Canada.”

And what does that even mean ? Closer to Canada ?
If you’re closer to Canada , then come really close , like in it.
 

swanidhi

Newbie
Jan 2, 2024
5
0
Adding

The pandemic has been over for, let’s just say awhile


“and was finally able to come closer to Canada.”

And what does that even mean ? Closer to Canada ?
If you’re closer to Canada , then come really close , like in it.
It's not easy to apply for jobs and attend interviews from Indian tomezone. I saw an opportunity to move to North America and I took it up.

Thank you both for taking the time to address my concern.
 

dpenabill

VIP Member
Apr 2, 2010
6,307
3,068
I have elapsed about 4 years on my PR status but could not spend >10 nights in the country due to the pandemic and macroeconomic factors. I was able to secure a job in USA and was finally able to come closer to Canada.

Now that I am close to the PR card expiry date, could I still get another 5 years extension on the PR card or would CIC revoke PR status on account of not meeting the extension criteria? I learned from a few strangers that CIC was allowing a one-time extension because of covid.
A lot about what you "learned" is not just wrong, but way wrong.

Moreover, sensing a forum reluctance to be upfront about bad news, leaving me to be its messenger, the bad news is that given your breach of the Residency Obligation you currently meet the definition of inadmissible and it appears quite likely (or at least there is a real risk) that when you make the effort to come into Canada that will trigger inadmissibility proceedings leading to an adjudication of status terminating your PR status.

It is possible you could come to Canada soon, present your valid PR card at the Port-of-Entry (PoE), and be waived into Canada without any inadmissibility proceedings being commenced (we do not know the odds). In that case, if lucky and waived into Canada without a problem, and you stayed in Canada for the next two years, that would cure the breach of the RO (at that point you will have been IN Canada at least two years within the preceding five, meeting the RO), you would not be inadmissible, you could apply for and obtain a new PR card, and if you stayed another year beyond that you could even become a Canadian citizen.

The longer you wait to come, the bigger the risk you will be subject to inadmissibility proceedings at the PoE resulting in a Removal Order, terminating your PR status unless you successfully appeal based on H&C reasons. Again, we cannot quantify the odds except to recognize the longer you wait, the bigger the RO breach, the bigger the risk of being issued a Removal Order at the border. Meanwhile, anecdotal reporting suggests that many PRs in RO breach are in fact waived through the border, and if so all they need to do is STAY long enough to get back into RO compliance.

That's a rather narrow pathway to keeping your status as a Canadian (Canadian PR), subject to a significant chance it will not work. A move to Canada soon, and to stay, doing so not knowing whether you will even be able to stay permanently, is probably not part of your current planning.

There are other potential approaches, all with some level of risk (given how much you are already in breach of the RO), pursuant to which you can TRY to save your PR status despite failing to comply with the RO. Most rely on being allowed H&C relief, which will ordinarily only work if the PR comes to Canada to stay, soon if not more or less immediately. And getting the H&C relief is nowhere near a safe bet.

In the meantime, if you do nothing to trigger a Residency Determination, you remain a Canadian, meaning you will continue to have Canadian PR status indefinitely (no need for an "extension") -- perhaps, for example, another five years if in the meantime you do not do something that triggers a Residency Determination. But of course the longer it goes to when you do trigger a Residency Determination, the greater the odds the outcome is the loss of PR status.

Things that trigger PR Residency Determination:
-- arrival at a PoE; the application to physically enter Canada (made by showing up at a PoE) can trigger a Residency Determination, but will not necessarily do so (most PRs presenting a valid PR card are waived into Canada without RO questioning)​
-- application for a PR Travel Document​
-- application for a new PR card (some refer to this as "renewing" the PR card)​
-- application to sponsor family member can trigger a Residency Determination, but will not necessarily do so​

Some Clarifications:

There is NO extension of a PR card or of PR status.

Once someone become a Canadian (actual landing and becoming a Canadian PR), they remain a Canadian UNLESS and UNTIL their status as a Canadian is terminated or revoked.

A person who landed and became a Canadian PR twenty years ago but did not stay long, and who has not been back to Canada since, is STILL a Canadian. UNLESS their admissibility was adjudicated resulting in a determination of inadmissibility, and that decision took effect (was not appealed). Obviously, if they show up at a PoE and border officials recognize they are a Canadian PR, given the absence that long that will almost certainly trigger inadmissibility proceedings, probably leading to the loss of their Canadian status.

Effect of New PR Card:

A new PR card would not restart the so-called five year clock. Even if you are issued a new PR card, unless you are staying in Canada that is NOT likely to save your PR status. Even with a new PR card, say it is June, 2025, if you are questioned in June 2025 about complying with the RO, that will be based on the number of days IN Canada between June 2020 and June 2025, and if less than 730 days, that means you are in RO breach, meeting the definition of inadmissible, and subject to being issued a Removal Order and deported . . . even if your new PR card is valid until sometime in 2029.

Bottom-line:

There is some chance you can save your PR status if you make the effort to move to Canada soon. If waived through at the border, just stay. If issued a Removal Order at the border, appeal and stay, being sure to get a good lawyer for the appeal.

If moving to Canada soon is not feasible, then saving your PR status is likely not feasible either. Sorry.
 

swanidhi

Newbie
Jan 2, 2024
5
0
A lot about what you "learned" is not just wrong, but way wrong.

Moreover, sensing a forum reluctance to be upfront about bad news, leaving me to be its messenger, the bad news is that given your breach of the Residency Obligation you currently meet the definition of inadmissible and it appears quite likely (or at least there is a real risk) that when you make the effort to come into Canada that will trigger inadmissibility proceedings leading to an adjudication of status terminating your PR status.

It is possible you could come to Canada soon, present your valid PR card at the Port-of-Entry (PoE), and be waived into Canada without any inadmissibility proceedings being commenced (we do not know the odds). In that case, if lucky and waived into Canada without a problem, and you stayed in Canada for the next two years, that would cure the breach of the RO (at that point you will have been IN Canada at least two years within the preceding five, meeting the RO), you would not be inadmissible, you could apply for and obtain a new PR card, and if you stayed another year beyond that you could even become a Canadian citizen.

The longer you wait to come, the bigger the risk you will be subject to inadmissibility proceedings at the PoE resulting in a Removal Order, terminating your PR status unless you successfully appeal based on H&C reasons. Again, we cannot quantify the odds except to recognize the longer you wait, the bigger the RO breach, the bigger the risk of being issued a Removal Order at the border. Meanwhile, anecdotal reporting suggests that many PRs in RO breach are in fact waived through the border, and if so all they need to do is STAY long enough to get back into RO compliance.

That's a rather narrow pathway to keeping your status as a Canadian (Canadian PR), subject to a significant chance it will not work. A move to Canada soon, and to stay, doing so not knowing whether you will even be able to stay permanently, is probably not part of your current planning.

There are other potential approaches, all with some level of risk (given how much you are already in breach of the RO), pursuant to which you can TRY to save your PR status despite failing to comply with the RO. Most rely on being allowed H&C relief, which will ordinarily only work if the PR comes to Canada to stay, soon if not more or less immediately. And getting the H&C relief is nowhere near a safe bet.

In the meantime, if you do nothing to trigger a Residency Determination, you remain a Canadian, meaning you will continue to have Canadian PR status indefinitely (no need for an "extension") -- perhaps, for example, another five years if in the meantime you do not do something that triggers a Residency Determination. But of course the longer it goes to when you do trigger a Residency Determination, the greater the odds the outcome is the loss of PR status.

Things that trigger PR Residency Determination:
-- arrival at a PoE; the application to physically enter Canada (made by showing up at a PoE) can trigger a Residency Determination, but will not necessarily do so (most PRs presenting a valid PR card are waived into Canada without RO questioning)​
-- application for a PR Travel Document​
-- application for a new PR card (some refer to this as "renewing" the PR card)​
-- application to sponsor family member can trigger a Residency Determination, but will not necessarily do so​

Some Clarifications:

There is NO extension of a PR card or of PR status.

Once someone become a Canadian (actual landing and becoming a Canadian PR), they remain a Canadian UNLESS and UNTIL their status as a Canadian is terminated or revoked.

A person who landed and became a Canadian PR twenty years ago but did not stay long, and who has not been back to Canada since, is STILL a Canadian. UNLESS their admissibility was adjudicated resulting in a determination of inadmissibility, and that decision took effect (was not appealed). Obviously, if they show up at a PoE and border officials recognize they are a Canadian PR, given the absence that long that will almost certainly trigger inadmissibility proceedings, probably leading to the loss of their Canadian status.

Effect of New PR Card:

A new PR card would not restart the so-called five year clock. Even if you are issued a new PR card, unless you are staying in Canada that is NOT likely to save your PR status. Even with a new PR card, say it is June, 2025, if you are questioned in June 2025 about complying with the RO, that will be based on the number of days IN Canada between June 2020 and June 2025, and if less than 730 days, that means you are in RO breach, meeting the definition of inadmissible, and subject to being issued a Removal Order and deported . . . even if your new PR card is valid until sometime in 2029.

Bottom-line:

There is some chance you can save your PR status if you make the effort to move to Canada soon. If waived through at the border, just stay. If issued a Removal Order at the border, appeal and stay, being sure to get a good lawyer for the appeal.

If moving to Canada soon is not feasible, then saving your PR status is likely not feasible either. Sorry.

Thank you for such an elaborate explanation. I appreciate it. I shall take the necessary steps. :)
 

canuck78

VIP Member
Jun 18, 2017
53,092
12,816
Thank you for such an elaborate explanation. I appreciate it. I shall take the necessary steps. :)
The necessary steps are try to move to Canada right now which may be complicated by the fact that you just relocated to the US. Did you sign a lease in the US? Given that you are out of status you should be trying to enter Canada once with the plans on remaining not planning to go back and forth from the US to Canada because your chances of getting reported increase if you keep crossing the border.
 

swanidhi

Newbie
Jan 2, 2024
5
0
The necessary steps are try to move to Canada right now which may be complicated by the fact that you just relocated to the US. Did you sign a lease in the US? Given that you are out of status you should be trying to enter Canada once with the plans on remaining not planning to go back and forth from the US to Canada because your chances of getting reported increase if you keep crossing the border.
I flew into Canada by the end of December to meet friends and have to be back in US within a week for current employment obligations. The entry was seamless with the PR Card. I have been in the US for a little over a year now. Yes, on the lease. Currently, I am trying score an internal transfer to Canada with my current employer.
 

canuck78

VIP Member
Jun 18, 2017
53,092
12,816
I flew into Canada by the end of December to meet friends and have to be back in US within a week for current employment obligations. The entry was seamless with the PR Card. I have been in the US for a little over a year now. Yes, on the lease. Currently, I am trying score an internal transfer to Canada with my current employer.
With a valid PR card there is a lot of luck involved when it comes to whether you get reported. Just because you got away with it last time doesn’t guarantee that it will work out the next time so minimizing how many times you cross the border and return to the US would be recommended. If you can get an internal transfer that could be the best option because you know you will have a job if you move to Canada and if you do get stopped for not meeting your RO showing proof that you have a job in Canada already and you plan on remaining in Canada until you are compliant with your RO may help you not get. The fact that you moved to the US a year ago would hurt any H&C application if you ever get reported because IRCC will argue that you chose to move to the US when you should have been returning to Canada.
 

swanidhi

Newbie
Jan 2, 2024
5
0
With a valid PR card there is a lot of luck involved when it comes to whether you get reported. Just because you got away with it last time doesn’t guarantee that it will work out the next time so minimizing how many times you cross the border and return to the US would be recommended. If you can get an internal transfer that could be the best option because you know you will have a job if you move to Canada and if you do get stopped for not meeting your RO showing proof that you have a job in Canada already and you plan on remaining in Canada until you are compliant with your RO may help you not get. The fact that you moved to the US a year ago would hurt any H&C application if you ever get reported because IRCC will argue that you chose to move to the US when you should have been returning to Canada.
Makes sense. Thank you! I better start firing all cylinders now.