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PR expired..can I reapply?

Gmalik

Member
May 2, 2013
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If the PR is expired....can I repply?

Do I have to go through the same procedure again or is there a quick way to get PR again?
 

Leon

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Jun 13, 2008
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The PR status doesn't expire. The PR card expires.

If your PR card is expired but you meet the residency obligation of having stayed in Canada at least 730 days in the past 5 years, it is easy to apply for a new PR card which will be valid for another 5 years.

If you do not meet the residency obligation you have a couple of options depending on where you are and if you are visa exempt.

1. If you are in Canada, you can continue to stay in Canada until you have 730 days in the past 5 years and only then apply to renew your PR card.

2. If you are not in Canada but are visa exempt, you can go to Canada and hope they will allow you in without a problem because then you can do 1. see above.

3. If you are not in Canada and not visa exempt, but have a visa to the US or can get one, you can go to the US and enter at the US Canada land border with your expired PR card and hope they let you in, see 2. above.

4. If you are not in Canada, not visa exempt and can not get a US visa, you would have to apply for a PR travel document in order to return. They will then look at if you have mitigating circumstances for why you did not meet the residency requirements. If they feel you had humane and compassionate grounds and can be excused, you may get the travel document and can return to Canada. If you had no good reasons for being gone, they will refuse the travel document and you lose your PR.

If you lose your PR, you have the same chance to apply again as everybody else in the world who never had one. You would have to look at what immigration classes are available today and as the one you applied under when you came to Canada may not be around any more or the rules have changed, it may be harder for you to apply.
 

Gmalik

Member
May 2, 2013
14
0
Thanks Leon for your clarity and knowledge on this issue.

Will they allow me into the Canada if only 3-6 months left for PR card expiry? I will not be meeting the residency requirement.

I will be staying in Canada permanently (get me PR renewed & citizenship) once I enter.
 

Leon

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Jun 13, 2008
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They will let you enter Canada but if they suspect that you do not meet the residency requirements or you admit to it, they can report you and if that happens, you would have to appeal for your PR. It is however more common that you don't get reported and if that is the case, you just stay for 2 years straight and only then apply to renew your PR card.
 

Gmalik

Member
May 2, 2013
14
0
Hi Leon,

One other thing...

Let's say I don't get reported when I enter Canada six months prior to PR card expiry and continue to stay in Canada for two years to fullfill my residency requirement before applying for PR renewal.

1) Will they object after two years (when I apply for renewal of PR) when they see that my PR card had infact expired two years back?
2) Will there be a problem if I keep staying in Canada for two years even though my PR card has expired?

3) In the CIC PR obligation criteria....one has to be in the country for two years in the "last five year period"....does that mean in any last five year peiord from the date of application for PR renewal OR from the period of validity of the PR card?
 

Leon

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Jun 13, 2008
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Gmalik said:
1) Will they object after two years (when I apply for renewal of PR) when they see that my PR card had infact expired two years back?

No. Immigration own rules state that if they did not catch you earlier, they can only look at the past 5 year period before you applied to renew. They can not fault you for not renewing earlier as there is no law that states you must renew your PR card as soon as it expires.

2) Will there be a problem if I keep staying in Canada for two yIears even though my PR card has expired?

As long as you have arranged your drivers license, health card etc. before your PR card epxires and you don't move to another province, you shouldn't have any problems. If you haven't or you do move to another province after your PR card expires, you may be asked to show your PR card when you apply for these things. You may get around it by showing your landing papers but it could be an issue.

3) In the CIC PR obligation criteria....one has to be in the country for two years in the "last five year period"....does that mean in any last five year peiord from the date of application for PR renewal OR from the period of validity of the PR card?

It means any rolling 5 year period since you landed as a PR but if you didn't get caught, it is the last 5 years before you apply to renew your PR card.
 

mb1977

Full Member
May 2, 2015
21
0
Hi Lion, Though this topic has been de-funct since long but I was in an above situation where I have lost my PR status and have reapplied through express entry. While entering canada on a near expiry PR card, we were reported and given a month to return/relinquish PR status or file an appeal. We left Canada within a month and received the certificate of departures through mail later.
Now while applying for OINP there is a question in the form which says- Have you or your spouse already submitted or been included in an application for Permanent residence to CIC. If yes provide the CIC file number, Processing center to which application for PR was already submitted, date application submitted.
Now the answer to above will be Yes or No.
please advice
 

Leon

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Jun 13, 2008
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mb1977 said:
Hi Lion, Though this topic has been de-funct since long but I was in an above situation where I have lost my PR status and have reapplied through express entry. While entering canada on a near expiry PR card, we were reported and given a month to return/relinquish PR status or file an appeal. We left Canada within a month and received the certificate of departures through mail later.
Now while applying for OINP there is a question in the form which says- Have you or your spouse already submitted or been included in an application for Permanent residence to CIC. If yes provide the CIC file number, Processing center to which application for PR was already submitted, date application submitted.
Now the answer to above will be Yes or No.
please advice
Answer with yes and include your file number if you know it. If you have your old PR cards or a photocopy, it would be the number that is on the back. If you don't know it, leave it blank but write a cover letter including what info you have on your PR and how you lost it because you did not meet the RO. It will not be held against you applying again if you lost it for that reason.
 

mb1977

Full Member
May 2, 2015
21
0
Thanx for the reply Leon One more advise. Now I am applying for the Onatrio PNP after having applied for express entry. I have to give details of my intent to stay in Ontario. Now my brother is a citizen based in BC, which I have to give details of, though additionally I have friends and relatives from my brother's in-laws side who are citizens in Ontario, so what is your take on it. Will the sibling based out of Ontario be a very negative point that my application can be denied or it might not affect. What does your experience on above suggest.
 

Leon

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Jun 13, 2008
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mb1977 said:
Thanx for the reply Leon One more advise. Now I am applying for the Onatrio PNP after having applied for express entry. I have to give details of my intent to stay in Ontario. Now my brother is a citizen based in BC, which I have to give details of, though additionally I have friends and relatives from my brother's in-laws side who are citizens in Ontario, so what is your take on it. Will the sibling based out of Ontario be a very negative point that my application can be denied or it might not affect. What does your experience on above suggest.
A sibling in another province can be a negative point but you must tell them about him or you could be on the hook for misrepresentation. You just have to convince them that you want to settle in Ontario and will not be chasing after your brother going to BC.
 

agentsophy

Full Member
Apr 26, 2017
34
4
The PR status doesn't expire. The PR card expires.

If your PR card is expired but you meet the residency obligation of having stayed in Canada at least 730 days in the past 5 years, it is easy to apply for a new PR card which will be valid for another 5 years.

If you do not meet the residency obligation you have a couple of options depending on where you are and if you are visa exempt.

1. If you are in Canada, you can continue to stay in Canada until you have 730 days in the past 5 years and only then apply to renew your PR card.

2. If you are not in Canada but are visa exempt, you can go to Canada and hope they will allow you in without a problem because then you can do 1. see above.

3. If you are not in Canada and not visa exempt, but have a visa to the US or can get one, you can go to the US and enter at the US Canada land border with your expired PR card and hope they let you in, see 2. above.

4. If you are not in Canada, not visa exempt and can not get a US visa, you would have to apply for a PR travel document in order to return. They will then look at if you have mitigating circumstances for why you did not meet the residency requirements. If they feel you had humane and compassionate grounds and can be excused, you may get the travel document and can return to Canada. If you had no good reasons for being gone, they will refuse the travel document and you lose your PR.

If you lose your PR, you have the same chance to apply again as everybody else in the world who never had one. You would have to look at what immigration classes are available today and as the one you applied under when you came to Canada may not be around any more or the rules have changed, it may be harder for you to apply.
Hi Leon,

I have an expired PR card, my dad applied for PR when I was only 17 and we got it when I was 21, landed in Canada in 2010 and came back to UAE because of recession there. Been in Dubai since, now I'm married and want to move to Canada, my husband has applied for EE and we are waiting for the ITA. Since technically my PR card has only expired (2 years ago), I've not lost PR status and hence written YES when asked about my status on the application. Is that correct? I have not fulfilled the RO and so I believe I will lose my PR. It's quite confusing as I'm neither here nor there. What do you suggest I do at this point? Renounce PR or wait till I apply with my husband? I dont see much chance of renewing it tbh...even though I can say that I was under my dad all these years and now I want to immigrate with my husband. You seem to have a lot of knowledge in this area, any advice would help!

Thanks in advance,
Safiya
 

Rob_TO

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Hi Leon,

I have an expired PR card, my dad applied for PR when I was only 17 and we got it when I was 21, landed in Canada in 2010 and came back to UAE because of recession there. Been in Dubai since, now I'm married and want to move to Canada, my husband has applied for EE and we are waiting for the ITA. Since technically my PR card has only expired (2 years ago), I've not lost PR status and hence written YES when asked about my status on the application. Is that correct? I have not fulfilled the RO and so I believe I will lose my PR. It's quite confusing as I'm neither here nor there. What do you suggest I do at this point? Renounce PR or wait till I apply with my husband? I dont see much chance of renewing it tbh...even though I can say that I was under my dad all these years and now I want to immigrate with my husband. You seem to have a lot of knowledge in this area, any advice would help!

Thanks in advance,
Safiya
Since you don't have any valid H&C reasons for not meeting RO, your best option is probably to voluntarily renounce your PR status, and then include yourself as dependent on your husband's app to get a new PR status.
http://www.cic.gc.ca/english/information/applications/voluntarily-renounce.asp

Trying to proceed with your current PR status, will be extremely difficult. You'd need to "sneak" into Canada without being reported, live here for 2 straight years without leaving to come back into compliance with RO, and only then could you renew your PR card or apply to sponsor your family. During this time it would also be hard to live with your family.
 

agentsophy

Full Member
Apr 26, 2017
34
4
Thanks so much! Yes I'm thinking of renouncing it, only don't know how long the process would take. We are at 420 points and think we will get the ITA next draw! It's a bit tricky, because of timelines and not having clear info. :(
 

canuck_in_uk

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May 4, 2012
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I have an expired PR card, my dad applied for PR when I was only 17 and we got it when I was 21, landed in Canada in 2010 and came back to UAE because of recession there. Been in Dubai since, now I'm married and want to move to Canada, my husband has applied for EE and we are waiting for the ITA. Since technically my PR card has only expired (2 years ago), I've not lost PR status and hence written YES when asked about my status on the application. Is that correct? I have not fulfilled the RO and so I believe I will lose my PR. It's quite confusing as I'm neither here nor there. What do you suggest I do at this point? Renounce PR or wait till I apply with my husband? I dont see much chance of renewing it tbh...even though I can say that I was under my dad all these years and now I want to immigrate with my husband.
Hi

You need to renounce your PR status before applying with your husband.

You have no H&C grounds to use to try to retain your status. You were an adult and could have chosen to come to Canada at any point.