Renew expired card with not met residence obligations

[odonacer]

Hello
Friends, I am looking for any information that could help me and my family to stay in Canada together.
Short story - I got my PR card&status in 2015 and due family reasons I had to go back to my country to support my girlfriend's father, he was diagnosed with a cancer.
So I stayed in the country till he died in late 2016, during this time I married to my girlfriend, she couldn't leave her mother alone for some time as it was very big loss for both of them.
We were thinking to move to Canada, though each time we had some issues, with my mom's health, we got some issues with pregnancy for whole 2018 and part of 2019, but thankfully in 2020 our baby boy was born. And when that happened I already missed PR residency obligations (in fact they weren't met in 2018) though PR was valid till September 2020. But 2020 - it's a middle of pandemic, a few months old baby boy, wife with depression. We had no choice but to stay in our country, though we decided that after covid and after our sone will grow a bit - we will start our immigration to Canada.
In fact, our country is Ukraine and in February 2022 war started.
Thanks to Canada, CUAET program was created, so we applied and we all got our visas. My wife book a flight to Canada last week in order to get her 3 years Work Permit and then returned to Ukraine. I am unable to go for my Work Permit as the country not allow all men to move outside.
This is my story and I am looking for any suggestion about how I can save my PR status and move to Canada and stay there with my family?
As I got my visitor visa I will be able to move to Canada. In Canada's airport I plan to inform border security officer about my PR and I will ask him not to decide to cancel/end my PR status, but due to the situation in my country (war, bombings and missiles attacks everyday) to allow me to keep it. I know that border officers have some policy that they can take decisions based on "best interest for a child". In best interest for my child will be to be able to stay with his all family in Canada.
But this is not the end as then, in case border officer would allow me to keep my PR, then I'd need to apply for a PR card renewal. And then another officer/IRCC worker will be involved and his decision could be different than one in that border officer at the airport had.

So, what I have to do in such a case? Please, advice any plan or options that I can do.

Thank you very very much.

 

[scylla]

Hello
Friends, I am looking for any information that could help me and my family to stay in Canada together.
Short story - I got my PR card&status in 2015 and due family reasons I had to go back to my country to support my girlfriend's father, he was diagnosed with a cancer.
So I stayed in the country till he died in late 2016, during this time I married to my girlfriend, she couldn't leave her mother alone for some time as it was very big loss for both of them.
We were thinking to move to Canada, though each time we had some issues, with my mom's health, we got some issues with pregnancy for whole 2018 and part of 2019, but thankfully in 2020 our baby boy was born. And when that happened I already missed PR residency obligations (in fact they weren't met in 2018) though PR was valid till September 2020. But 2020 - it's a middle of pandemic, a few months old baby boy, wife with depression. We had no choice but to stay in our country, though we decided that after covid and after our sone will grow a bit - we will start our immigration to Canada.
In fact, our country is Ukraine and in February 2022 war started.
Thanks to Canada, CUAET program was created, so we applied and we all got our visas. My wife book a flight to Canada last week in order to get her 3 years Work Permit and then returned to Ukraine. I am unable to go for my Work Permit as the country not allow all men to move outside.
This is my story and I am looking for any suggestion about how I can save my PR status and move to Canada and stay there with my family?
As I got my visitor visa I will be able to move to Canada. In Canada's airport I plan to inform border security officer about my PR and I will ask him not to decide to cancel/end my PR status, but due to the situation in my country (war, bombings and missiles attacks everyday) to allow me to keep it. I know that border officers have some policy that they can take decisions based on "best interest for a child". In best interest for my child will be to be able to stay with his all family in Canada.
But this is not the end as then, in case border officer would allow me to keep my PR, then I'd need to apply for a PR card renewal. And then another officer/IRCC worker will be involved and his decision could be different than one in that border officer at the airport had.

So, what I have to do in such a case? Please, advice any plan or options that I can do.

Thank you very very much.

I'm sorry for your situation.

Are you sure you haven't already lost your PR status? A visitor visa cannot be approved if you are still a PR.

Did you ever apply for a PRTD that was refused?

 

[odonacer]

I'm sorry for your situation.

Are you sure you haven't already lost your PR status? A visitor visa cannot be approved if you are still a PR.

Did you ever apply for a PRTD that was refused?

Hello
I'm quite sure I still have my PR status as in a few months after I got my visitor visa under this CUAET program, I got email from CIC saying that they see that I have PR status and I need to submit PR renounce application in order to use this visitor visa. I didn't renounce my PR as I didn't know when I'd be able to move from Ukraine.
No, I didn't apply for a travel document.

 

[scylla]

Hello
I'm quite sure I still have my PR status as in a few months after I got my visitor visa under this CUAET program, I got email from CIC saying that they see that I have PR status and I need to submit PR renounce application in order to use this visitor visa. I didn't renounce my PR as I didn't know when I'd be able to move from Ukraine.
No, I didn't apply for a travel document.

So your situation is quite complicated.

You cannot travel using the visitor visa since you haven't renounced your PR status.

To travel to Canada without renouncing your PR status, you will need to apply for a PR Travel Document. However since you don't meet the residency requirement, you will need to apply for the PRTD with H&C considerations. This means you will need to provide evidence and argue why you should be able to retain your PR status despite not meeting the residency obligation. Don't apply for the PRTD until you are actually ready to come to Canada since they generally have limited validity.

If you happen to have a valid US visa, then the other option you have is to fly to the US and then re-enter Canada through a land border.

 

[odonacer]

So your situation is quite complicated.

You cannot travel using the visitor visa since you haven't renounced your PR status.

To travel to Canada without renouncing your PR status, you will need to apply for a PR Travel Document. However since you don't meet the residency requirement, you will need to apply for the PRTD with H&C considerations. This means you will need to provide evidence and argue why you should be able to retain your PR status despite not meeting the residency obligation. Don't apply for the PRTD until you are actually ready to come to Canada since they generally have limited validity.

If you happen to have a valid US visa, then the other option you have is to fly to the US and then re-enter Canada through a land border.

That's a new information for me, I didn't know that I won't be able/cannot move to Canada using Visitor visa. Why is that?
As I see this - IRCC issued visitor visa for me, probably, by mistake. I got my visa in the passport and my IRCC applications profile doesn't have any new messages regarding my visitor visa, so I assume the Visitor visa by itself is legit and valid.
Though, I also understand that CIC then spotted their mistake and send me an email about this mistake and suggested me to renounce my PR in order not to have any delays in Canada's airport of entry, That's it.
So, I assume, I can still use this Visitor visa to board a flight to Canada. Can't I, if so, why?
And even if I will apply for a renouncing, I'm not sure when my letter application will reach CIC's office and when the application will be processed and finalized. Also, I know that the result of PR renouncing will be forwarded to my mailing address. Which means all this process could take some amount of time and during this time I wont be able to move to Canada? What if letter with forms or result from CIC will be lost?
Thanks

 

[scylla]

That's a new information for me, I didn't know that I won't be able/cannot move to Canada using Visitor visa. Why is that?
As I see this - IRCC issued visitor visa for me, probably, by mistake. I got my visa in the passport and my IRCC applications profile doesn't have any new messages regarding my visitor visa, so I assume the Visitor visa by itself is legit and valid.
Though, I also understand that CIC then spotted their mistake and send me an email about this mistake and suggested me to renounce my PR in order not to have any delays in Canada's airport of entry, That's it.
So, I assume, I can still use this Visitor visa to board a flight to Canada. Can't I, if so, why?
And even if I will apply for a renouncing, I'm not sure when my letter application will reach CIC's office and when the application will be processed and finalized. Also, I know that the result of PR renouncing will be forwarded to my mailing address. Which means all this process could take some amount of time and during this time I wont be able to move to Canada? What if letter with forms or result from CIC will be lost?
Thanks

It's not guaranteed your TRV is still valid. It's quite possible IRCC may have canceled the TRV since you did not renounce your PR status.

So that is the risk you are running here. You won't know if the TRV is still valid until it's time to board the plane. By the rules, you cannot hold a TRV as a PR. The TRV may still be valid or it may not. If IRCC has canceled it in their system, you won't be able to board the plane.

I don't understand your questions around renouncing. Communications are through email.

 

[odonacer]

I don't understand your questions around renouncing. Communications are through email.

I read the guide and a document's checklist, it states that I have to get all the docs, like photos and the renouncing application form and send by mail, maybe it's a requirement only for Ukraine. Then I will be notified by mail as well.

 

[YVR123]

I read the guide and a document's checklist, it states that I have to get all the docs, like photos and the renouncing application form and send by mail, maybe it's a requirement only for Ukraine. Then I will be notified by mail as well.

I am confused. If you renounced your PR, you are no longer a PR. But in another discussion, you mentioned coming to Canada with visitor visa and "stay for 3 years" and apply for a PR card renewal.
The 2 doesn't go together, if you renounced your PR, you are no longer a PR. You cannot "renew" any card/status.
You need to seek other way to immigrate and apply as PR anew.

 

[odonacer]

I am confused. If you renounced your PR, you are no longer a PR. But in another discussion, you mentioned coming to Canada with visitor visa and "stay for 3 years" and apply for a PR card renewal.
The 2 doesn't go together, if you renounced your PR, you are no longer a PR. You cannot "renew" any card/status.
You need to seek other way to immigrate and apply as PR anew.

Well, definitely, thank you for your interest
But I never wrote that I did renounce my PR status. I mentioned that I read the forms and guidelines about this procedure, that all.