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Pr card renewal possible if left Canada as a minor

Nayandeep

Newbie
Oct 21, 2017
6
0
I left Canada as a minor and dependent because my father did not get a job in Canada and that's why my pr card expired while I was out of Canada but now I am independent and want to return to Canada, so what options are available for me right now? Can I get my pr card renewed from India? Or do I have to enter Canada to renew? Or do I have to take student visa to go there and stay 2 years and then apply for pr?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
I left Canada as a minor and dependent because my father did not get a job in Canada and that's why my pr card expired while I was out of Canada but now I am independent and want to return to Canada, so what options are available for me right now? Can I get my pr card renewed from India? Or do I have to enter Canada to renew? Or do I have to take student visa to go there and stay 2 years and then apply for pr?
How old are you?
 

dpenabill

VIP Member
Apr 2, 2010
6,427
3,173
I left Canada as a minor and dependent because my father did not get a job in Canada and that's why my pr card expired while I was out of Canada but now I am independent and want to return to Canada, so what options are available for me right now? Can I get my pr card renewed from India? Or do I have to enter Canada to renew? Or do I have to take student visa to go there and stay 2 years and then apply for pr?
Depending on the facts in your situation, and the one canuck_in_uk asked about is perhaps the most important one, your age, you may have H&C reasons for which IRCC will allow you to retain your PR status.

While there are some alternatives, the primary procedure to follow is to make an application for a PR Travel Document and in that application present information in support of H&C reasons why Canada should allow you to keep PR status.

For IRCC information about applying for a PR Travel Document see
http://www.cic.gc.ca/english/information/travel-document/index.asp

In the meantime, there are several other topics here in which this process is discussed, and a number in particular which are specifically about individuals who had PR status as a minor and who want to return (come) to Canada SOON after becoming an adult. Not all such applications are granted, but it appears that the odds of getting a PR TD are very good for those who make the PR TD application within a year or so after reaching 18 years of age, perhaps even a little older.

A PR TD would allow you to board a flight coming to Canada, and upon returning to Canada, to then live and work and attend school as a Permanent Resident of Canada.

Among topics where this is discussed in some depth is one titled "Left Canada as a Child. PR Residency Obligation Violation" which, as I recall, was started by rish888 who has started several topics and discussed this issue at length, and who has apparently done a fair amount of research about it. The following quote is from that topic, from a post by Leon (among the more respected and reliable contributors in the forum); I have also made some very in-depth contributions to that particular conversation, but my posts there were largely focused on coming to Canada via the U.S. (using a U.S. land border crossing PoE to come to Canada) without first applying for a PR TD, which is rooted in the particular facts and circumstances of that particular situation.

In any event, the quote below should have a link which would take you directly to that conversation.

Applying for a PRTD at age 17-18 on H&C grounds of being removed as a minor is very likely to be successful for you. If you are granted your PRTD, you can return to Canada, apply to renew your PR card immediately on the basis of the PRTD and resume your life in Canada as a PR. Keep in mind that even with a new PR card, you should be careful about not leaving Canada for long periods of time and take very good care of your PR card because even though you got a PRTD once, that doesn't mean they will give to you again if you happen to be outside Canada, lose your PR card, still don't meet the RO and have to admit that you haven't been spending very much time in Canada after getting the PRTD.
Depending on your age, making the PR TD application may be a time sensitive matter, the sooner the better. So you may not want to linger much at all. However, H&C based applications can be a bit tricky, so it would be a good idea to at least read through other discussions in the forum about this.


What not to do: Do not attempt to apply for a new PR card.

You should NOT apply for a new PR card before coming to Canada and being in Canada

You can consider when to apply for a PR card after you are in Canada.

If somehow you travel to and are in Canada, and you can make the PRC application while you are in Canada
-- -- AFTER you have been in Canada at least two years, or
-- -- when you feel comfortable about making the H&C case in an application for a PR card

Alternatively, if you have applied for and been issued a PR TD based on H&C reasons, and using the PR TD you have come to Canada and are in Canada, you can probably feel comfortable about making the H&C case in an application for a PR card.
 

Nayandeep

Newbie
Oct 21, 2017
6
0
Depending on the facts in your situation, and the one canuck_in_uk asked about is perhaps the most important one, your age, you may have H&C reasons for which IRCC will allow you to retain your PR status.

While there are some alternatives, the primary procedure to follow is to make an application for a PR Travel Document and in that application present information in support of H&C reasons why Canada should allow you to keep PR status.

For IRCC information about applying for a PR Travel Document see
http://www.cic.gc.ca/english/information/travel-document/index.asp

In the meantime, there are several other topics here in which this process is discussed, and a number in particular which are specifically about individuals who had PR status as a minor and who want to return (come) to Canada SOON after becoming an adult. Not all such applications are granted, but it appears that the odds of getting a PR TD are very good for those who make the PR TD application within a year or so after reaching 18 years of age, perhaps even a little older.

A PR TD would allow you to board a flight coming to Canada, and upon returning to Canada, to then live and work and attend school as a Permanent Resident of Canada.

Among topics where this is discussed in some depth is one titled "Left Canada as a Child. PR Residency Obligation Violation" which, as I recall, was started by rish888 who has started several topics and discussed this issue at length, and who has apparently done a fair amount of research about it. The following quote is from that topic, from a post by Leon (among the more respected and reliable contributors in the forum); I have also made some very in-depth contributions to that particular conversation, but my posts there were largely focused on coming to Canada via the U.S. (using a U.S. land border crossing PoE to come to Canada) without first applying for a PR TD, which is rooted in the particular facts and circumstances of that particular situation.

In any event, the quote below should have a link which would take you directly to that conversation.



Depending on your age, making the PR TD application may be a time sensitive matter, the sooner the better. So you may not want to linger much at all. However, H&C based applications can be a bit tricky, so it would be a good idea to at least read through other discussions in the forum about this.


What not to do: Do not attempt to apply for a new PR card.

You should NOT apply for a new PR card before coming to Canada and being in Canada

You can consider when to apply for a PR card after you are in Canada.

If somehow you travel to and are in Canada, and you can make the PRC application while you are in Canada
-- -- AFTER you have been in Canada at least two years, or
-- -- when you feel comfortable about making the H&C case in an application for a PR card

Alternatively, if you have applied for and been issued a PR TD based on H&C reasons, and using the PR TD you have come to Canada and are in Canada, you can probably feel comfortable about making the H&C case in an application for a PR card.
Depending on the facts in your situation, and the one canuck_in_uk asked about is perhaps the most important one, your age, you may have H&C reasons for which IRCC will allow you to retain your PR status.

While there are some alternatives, the primary procedure to follow is to make an application for a PR Travel Document and in that application present information in support of H&C reasons why Canada should allow you to keep PR status.

For IRCC information about applying for a PR Travel Document see
http://www.cic.gc.ca/english/information/travel-document/index.asp

In the meantime, there are several other topics here in which this process is discussed, and a number in particular which are specifically about individuals who had PR status as a minor and who want to return (come) to Canada SOON after becoming an adult. Not all such applications are granted, but it appears that the odds of getting a PR TD are very good for those who make the PR TD application within a year or so after reaching 18 years of age, perhaps even a little older.

A PR TD would allow you to board a flight coming to Canada, and upon returning to Canada, to then live and work and attend school as a Permanent Resident of Canada.

Among topics where this is discussed in some depth is one titled "Left Canada as a Child. PR Residency Obligation Violation" which, as I recall, was started by rish888 who has started several topics and discussed this issue at length, and who has apparently done a fair amount of research about it. The following quote is from that topic, from a post by Leon (among the more respected and reliable contributors in the forum); I have also made some very in-depth contributions to that particular conversation, but my posts there were largely focused on coming to Canada via the U.S. (using a U.S. land border crossing PoE to come to Canada) without first applying for a PR TD, which is rooted in the particular facts and circumstances of that particular situation.

In any event, the quote below should have a link which would take you directly to that conversation.



Depending on your age, making the PR TD application may be a time sensitive matter, the sooner the better. So you may not want to linger much at all. However, H&C based applications can be a bit tricky, so it would be a good idea to at least read through other discussions in the forum about this.


What not to do: Do not attempt to apply for a new PR card.

You should NOT apply for a new PR card before coming to Canada and being in Canada

You can consider when to apply for a PR card after you are in Canada.

If somehow you travel to and are in Canada, and you can make the PRC application while you are in Canada
-- -- AFTER you have been in Canada at least two years, or
-- -- when you feel comfortable about making the H&C case in an application for a PR card

Alternatively, if you have applied for and been issued a PR TD based on H&C reasons, and using the PR TD you have come to Canada and are in Canada, you can probably feel comfortable about making the H&C case in an application for a PR card.
if i go to canada for studies, will my expired pr card help or cause problem?
nd if i am in canada on a student visa, can i renew my pr card easily or iw wud also go under h&c?
 

scylla

VIP Member
Jun 8, 2010
95,733
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Toronto
Category........
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Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If you are in Canada on a student visa, then you are no longer a PR and cannot renew your PR card. Student visas are only granted to individuals who aren't PRs.
 
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rish888

Guest
My recommendation:

As you are 21, I would recommend utilizing the land border Canada has with the United States to enter Canada.

One of two things could happen at the land border:

1: You are allowed to enter Canada without being reported by the immigration officer. This means your PR status is safe and all you need to do is stay in Canada for 2 years without leaving.

2: You are reported. Even if you are reported you will still be allowed to enter Canada, but you will need to appeal the report and go to an immigration tribunal (kinda like court) to retain your PR status. You can stay in Canada while waiting for your appeal hearing. If you are successful at appeal you retain your PR status. If you loose the appeal, you loose your PR status and need to leave Canada within 30 days.

If you are reported, another option you have if you don't want to bother fighting an appeal and taking your chances is to renounce your PR status at the border. If you renounce your PR status at the border they will allow you inside Canada as a visitor for 6 months. You can still enter Canada, fly back to India, then take a student visa.

If you take a student visa, you can pursue a university degree in Canada. Canada has numerous programs available for permanent residence for people who have gone to university in Canada.


p.s. Do you have your original record of landing?

Some may say go for a PRTD, and while a PRTD does make travel to Canada more convenient, my personal view is that the inconvenience of going the land border route is more than worth it for the better possibility of retaining PR status.

Best of luck!
 
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rish888

Guest
Whatever you do, you must leave now. I would recommend leaving as soon as possible, in the next few weeks if possible. Everyday you are outside Canada reduces your chances of retaining your PR status.

p.s. For the land border route you will need to get a U.S. visa. Ideally you already have this. If you don't then getting a visit visa shouldn't be too difficult as long as you make a proper application.
 
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Nayandeep

Newbie
Oct 21, 2017
6
0
If you are in Canada on a student visa, then you are no longer a PR and cannot renew your PR card. Student visas are only granted to individuals who aren't PRs.
So, only route for me is apply for prtd as I got admitted to college before I turned 18, and as soon as my college ends I want to come back.
If prtd is rejected then come to Canada as a student. Now will I be able to get pr after I Complete masters?
 

Nayandeep

Newbie
Oct 21, 2017
6
0
My recommendation:

As you are 21, I would recommend utilizing the land border Canada has with the United States to enter Canada.

One of two things could happen at the land border:

1: You are allowed to enter Canada without being reported by the immigration officer. This means your PR status is safe and all you need to do is stay in Canada for 2 years without leaving.

2: You are reported. Even if you are reported you will still be allowed to enter Canada, but you will need to appeal the report and go to an immigration tribunal (kinda like court) to retain your PR status. You can stay in Canada while waiting for your appeal hearing. If you are successful at appeal you retain your PR status. If you loose the appeal, you loose your PR status and need to leave Canada within 30 days.

If you are reported, another option you have if you don't want to bother fighting an appeal and taking your chances is to renounce your PR status at the border. If you renounce your PR status at the border they will allow you inside Canada as a visitor for 6 months. You can still enter Canada, fly back to India, then take a student visa.

If you take a student visa, you can pursue a university degree in Canada. Canada has numerous programs available for permanent residence for people who have gone to university in Canada.


p.s. Do you have your original record of landing?

Some may say go for a PRTD, and while a PRTD does make travel to Canada more convenient, my personal view is that the inconvenience of going the land border route is more than worth it for the better possibility of retaining PR status.

Best of luck!
I am in india currently and not in USA
 
R

rish888

Guest
I am in india currently and not in USA
Yes, I know.

The idea is you get a visit visa for the U.S. Travel from India to the U.S. Rent a car in the US, drive to Canada, then drop off the rent a car in Canada. You don't need to be in the U.S. The idea is that you go to Canada via the US.
 
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Nayandeep

Newbie
Oct 21, 2017
6
0
Yes, I know.

The idea is you get a visit visa for the U.S. Travel from India to the U.S. Rent a car in the US, drive to Canada, then drop off the rent a car in Canada. You don't need to be in the U.S. The idea is that you go to Canada via the US.
What happens if I try to apply for student visa while I am a permanent resident?
 

Rob_TO

VIP Member
Nov 7, 2012
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Toronto
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FAM
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Seoul, Korea
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AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
So, only route for me is apply for prtd as I got admitted to college before I turned 18, and as soon as my college ends I want to come back.
If prtd is rejected then come to Canada as a student. Now will I be able to get pr after I Complete masters?
If your PR TD is rejected, that will automatically start the process to revoke your PR status. If you do not appeal this, your status will be officially terminated after some time (I think around 60 days).

Once your PR status is officially gone, only then can you apply for a student visa. Note you will need to pay international student fees to the school in Canada

If you complete your degree in Canada, you will need to investigate what immigration programs you may be eligible for, and will need to apply accordingly. Your previous PR status here will have no impact on your future PR application.