PR card expiry - very complicated situation.

[ladanow]

Hello

complicated situation.

A family got the PR and did soft-landing and returned home. and then due to family issues, the father banned his child from leaving the home country by law, this ban is valid until they turn 18 years.

Childs will turn 18 years just three months before the expiration of residency status (landing date + 5 years).

However, the PR card expiration itself is valid one month after they turn 18 (They received the PR card late due to photo retake)

Question: Will be they be allowed to enter Canada in the border with PR card not expired while their residency status is officially expired? they just want to enter and will not leave before two years (new PR) or 3 years (citizenship)

BR
Omar

 

[scylla]

Hello

complicated situation.

A family got the PR and did soft-landing and returned home. and then due to family issues, the father banned his child from leaving the home country by law, this ban is valid until they turn 18 years.

Childs will turn 18 years just three months before the expiration of residency status (landing date + 5 years).

However, the PR card expiration itself is valid one month after they turn 18 (They received the PR card late due to photo retake)

Question: Will be they be allowed to enter Canada in the border with PR card not expired while their residency status is officially expired?

BR
Omar

They will be allowed to enter Canada as long as the PR card is valid but may be reported for failing to meet the residency requirement.

 

[aipg]

Hello

complicated situation.

A family got the PR and did soft-landing and returned home. and then due to family issues, the father banned his child from leaving the home country by law, this ban is valid until they turn 18 years.

Childs will turn 18 years just three months before the expiration of residency status (landing date + 5 years).

However, the PR card expiration itself is valid one month after they turn 18 (They received the PR card late due to photo retake)

Question: Will be they be allowed to enter Canada in the border with PR card not expired while their residency status is officially expired? they just want to enter and will not leave before two years (new PR) or 3 years (citizenship)

BR
Omar

I believe it still can be renewed based on compassionate reasons. Just make sure to arrive in Canada before the card expires. You stand a better chances fighting it while you are in Canada.

 

[scylla]

I believe it still can be renewed based on compassionate reasons. Just make sure to arrive in Canada before the card expires. You stand a better chances fighting it while you are in Canada.

They can try and I think they would stand a decent chance, but not guaranteed.

Over the last year or so, we've seen a big uptick in refusals under H&C where residency was never established (i.e. it was only a soft landing).

 

[ladanow]

They can try and I think they would stand a decent chance, but not guaranteed.

Over the last year or so, we've seen a big uptick in refusals under H&C where residency was never established (i.e. it was only a soft landing).

Hello

Do you mean that if they were allowed to enter, this case will be processed under H&C category?

I thought that if they were allowed to enter, they will just wait two years to ask for PR renewal?

 

[scylla]

Hello

Do you mean that if they were allowed to enter, this case will be processed under H&C category?

I thought that if they were allowed to enter, they will just wait two years to ask for PR renewal?

No. Two things can happen if they are allowed to enter. (1) Allowed to enter without being reported. In that case they would remain in Canada for 2 years and then renew the PR card. (2) Allowed to enter but reported by CBSA for failing to meet the residency obligation. In that case, they will be required to attend a hearing to argue why they should be allowed to keep their PR status even though they have failed to meet the residency obligation. If they are successful at the hearing, they keep PR. If they are not successful, they lose PR and have to leave Canada - although they can try to appeal this decision.

 

[aipg]

They can try and I think they would stand a decent chance, but not guaranteed.

Over the last year or so, we've seen a big uptick in refusals under H&C where residency was never established (i.e. it was only a soft landing).

Is this information public? Where can I locate those cases of refusals?