Hi,
I need some feedback regarding PR renewal for my mother.
She landed and became PR on 01-May-2016, during the whole time period from 2016 to Aug-2021 she travels back home many times, and now when it's time to renew her PR I notice that she only had 270 day's in Canada, which mean that she is not even fulfilling the "Residency Obligation" which required 730 days stay in Canada within 5 years.
Is there anyone with a similar situation who can share his/her experience, what will be the correct path for applying her PR renewal?
Her PR is expiring on 11th Sept-2021.
Need some valuable advice.
Many thanks in advance.
JF
I cannot offer advice.
But in addition to repeating, as
@canuck78 noted, that PR status does not expire, it is the PR card which expires (like a passport; a person does not cease to be a citizen when their passport expires), I can offer some observations:
If she is currently IN Canada:
As long as she is IN Canada now, and can stay IN Canada until she has stayed long enough to be in compliance with the PR Residency Obligation, she does NOT need to apply for a new PR card. That is, she can and should just stay IN Canada, and when she has stayed long enough that she has been IN Canada for more than 730 days within the previous five years, then and only then apply for a new PR card.
That is, if she is currently IN Canada, there is not much of a problem. She does not need a valid PR card to stay.
If she is NOT currently in Canada:
If she is NOT currently IN Canada, that is the more problematic situation, the more risky and complicated scenario.
If she is NOT currently IN Canada then she is not eligible to apply for a new PR card. While there may appear to be somewhat easy ways to get around that, to make the application anyway, doing that would actually increase the risk of a negative PR status determination resulting in the loss of PR status. I do not give advice (I am not qualified to do that) but no expertise is needed to say that it is best to NOT apply for a PR card UNTIL AFTER returning to Canada . . . and then staying in Canada long enough to get into RO compliance before making the PR card application.
If she is NOT currently IN Canada, and her PR card is expired, the question is HOW to get to Canada now. This ordinarily requires an application for a PR Travel Document. That will for sure involve a PR status determination with a significant risk that the PR TD application will be denied, a decision which terminates the PR's status unless it is successfully appealed. Thus, if she applies for a PR TD she will need to make the H&C case why her PR status should not be terminated DESPITE her failure to comply with the RO.
Alternatively, for those who are able to travel to and through the U.S., if a PR without a valid PR card travels through the U.S. and arrives at a border crossing into Canada, they will be allowed to enter Canada. Here too, however, the PR who in in breach of the RO by as much as your parent will most likely be involved in a PR status determination at the Port-of-Entry, an examination as to her compliance with the RO. Here again, she will need to make the H&C case why her PR status should not be terminated DESPITE her failure to comply with the RO.
Overall, if she is NOT currently IN Canada, the SOONER she applies for a PR TD or makes the trip via the States, the better her chances of keeping PR status. Which is not to suggest her chances are good. Quantifying probabilities for inadmissible PRs is highly speculative at best. That said, the size of the breach of the RO looms large. Her having spent less than a year in Canada is a big breach.
If she makes the effort to get here VERY SOON, that could help her chances of keeping PR status considerably since the Covid-19 impact on international travel quite likely is still a big positive H&C factor. Be Aware However . . . the positive weight of this factor is quite likely to be diminishing in the near future as the impact of Covid-19 on international travel lessens.
Thus, whether she is applying for a PR TD or traveling via the U.S., it will be a good idea to review her situation and identify what will help make the H&C case for keeping PR status, to present in the PR TD application, or to present if needed at the PoE upon arrival in Canada, or to present in an appeal if that becomes necessary (and for this, if an appeal is necessary, she can and should obtain the assistance of a qualified and reputable lawyer).
