lost status
- Thread starter SuperMarco
- Start date
You apply for the PRTD with H&C considerations. Please hire a lawyer to help you through the process.
I agree if you have some names. What i understand from your comment is to apply to H&C with proof during my application to PRTD. Then I wait in abroad and if my H&C is approved, i receive the PRTD and go to canada to apply for a second PR card. Thanks a lot.
If your family member is still ill are you prepared to move back to Canada permanently? You will still need to meet your RO if you are approved for PRTD via H&C and are able to get a new PR card. Depending on when you left Canada you may need to remain in Canada for 730 days because you still need to meet the 730 days within the last 5 years requirement.
Your PR card expired. It means that your PR card expired. It has NOTHING to do with your PR status.
If you can travel to US, you could return through the US land border with an expired PR card.
But you could still be reported if you do not meet RO.
You should look into applying for PRTD (stands for PR travel document) with H&C reasons and try to see if you will be able to get PRTD and travel back to Canada.
Hello, many thanks for all your good advice; really appreciated.
What i understand for your advice:
- apply H&C through PRTD and wait abroad.
- if positive: i get an authorisation to travel back to Can and receive their the new PR card (I ve heard that H&C is very very difficult to succeed...)
- if negative: my PR status is canceled, i will need to apply to EntryExpress (given that losing status is never a good point)
- alternative: renounce to my PR status then re-apply to EntreyExpress.
I must choose.
What i understand for your advice:
- apply H&C through PRTD and wait abroad.
- if positive: i get an authorisation to travel back to Can and receive their the new PR card (I ve heard that H&C is very very difficult to succeed...)
- if negative: my PR status is canceled, i will need to apply to EntryExpress (given that losing status is never a good point)
- alternative: renounce to my PR status then re-apply to EntreyExpress.
I must choose.
Yes, this is essentially correct.
The one last option is to fly to the US and re-enter Canada through a land border using a private vehicle and hope you are not reported for failing to meet RO. If you are not reported, you then remain in Canada without leaving until you meet RO and then apply to renew your PR card.
Excellent response. Some questions please.
"hope you are not reported for failing to meet RO" => ok so if i understand, I go to US as a tourist, I take a private car to cross the border and if the agent refuse my entry, i go back to US and to my country. It s a bet.
What I conclude is that i should try first the options of renewing (crossing the border, or PRTD), then if rejected EntryExpress.
The agent cannot refuse your entry. But they can write up a report on you not meeting your residency obligation (a 44(1) report) which starts the process of revoking your PR status - subject to your appeal. You can remain in Canada as a PR while you appeal - assuming you choose to do so - if you don't, the revocation takes effect in 30 or 60 days (I forget). No-one can say if your chances on appeal are good or not.
But sometimes they are more lenient at the border and let you in with a warning/note to file.
We can say that generally chances of leniency at the border are higher than applying for PRTD.
One note: if you are let in, your status is complicated - still a PR but without a valid PR card, and you shouldn't travel or attempt to sponsor spouse/family. (Simplifying quite a bit). This can cause complications and for some, the inability to travel is a problem.
Excellent remark. Sure inability to travel is a problem to see family abroad. This option is a bet on chance. If i enter and got revocation order, i prefer to go back and not do an appeal and i wonder if revocation order is a bad point for future application.