Apply to PRTD when PR card expired in 2020

[odonacer]

Hello friends
I immigrated to Canada in 2015 but shortly after, in the same year, I returned back to my country, Ukraine, due to family reasons and never came back to Canada.
In 2018 PR obligations wasn't met as I lived outside Canada for more than 3 years. My PR card was valid till 09.2020.
Now when Ukraine is in war with Russia I decided that I have to try to return to Canada. But as I previously wrote - I didn't catch PR obligations.
Though I read on CIC site that PR status is not lost after living 3 years outside Canada, PR cannot be lost that way, but it cat be lost by voluntarily renouncing it or when border officer decides that obligations weren't met.
Anyway, I see that I still have an option to apply for a PRTD and go to Canada. But I don't know what will be next, after landing in Canadian airport and going through border/immigration officers?
Do you know what is the procedure with such case as mine? Please, suggest any options I can take?
Can I move to Canada using PRTD, then live there for 2-3 years and apply for a new PR card, is it possible?

Thank you very much for any answer.

 

[Zenn1]

Hi, I guess there is some special considerations for Ukrainians. Check the IRCC page for further information. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/contact.html

 

[Ponga]

Though I read on CIC site that PR status is not lost after living 3 years outside Canada, PR cannot be lost that way, but it cat be lost by voluntarily renouncing it or when border officer decides that obligations weren't met.

It's possible (perhaps probable) that a PRTD application would be denied because you have not lived in (or been to) Canada in ~ 7 years; they would see that you have not met the residency obligation when processing your application.

A border officer can prepare an A44(1) report if the officer suspects that a PR has not met the R.O. requirements, but they CANNOT revoke PR status immediately (when entering Canada). Only after a report has been created and a final decision has been made can a PR lose their status:

[From Enf04}

BSOs must remain cognizant of the fact that A19(2) gives permanent residents of Canada the right to enter Canada at a POE once it is established that a person is a PR, regardless of non- compliance with the residency obligation in A28 or the presence of other inadmissibility grounds. Meaning, should a BSO write up an A44(1) report for non-compliance and the superintendent issue a departure order that is not in force, the person still has the right to enter Canada until a final determination has been made regarding their loss of PR status and the removal order becomes in force.

While IRCC is certainly helping those that have been impacted by the events in Ukraine, I'm not sure how they are working with a PR that has been in Ukraine since late 2015...almost 7 years before the (4+ month) war began.

Good luck!

 

[armoured]

Hello friends
I immigrated to Canada in 2015 but shortly after, in the same year, I returned back to my country, Ukraine, due to family reasons and never came back to Canada.
In 2018 PR obligations wasn't met as I lived outside Canada for more than 3 years. My PR card was valid till 09.2020.
Now when Ukraine is in war with Russia I decided that I have to try to return to Canada. But as I previously wrote - I didn't catch PR obligations.
Though I read on CIC site that PR status is not lost after living 3 years outside Canada, PR cannot be lost that way, but it cat be lost by voluntarily renouncing it or when border officer decides that obligations weren't met.
Anyway, I see that I still have an option to apply for a PRTD and go to Canada. But I don't know what will be next, after landing in Canadian airport and going through border/immigration officers?
Do you know what is the procedure with such case as mine? Please, suggest any options I can take?
Can I move to Canada using PRTD, then live there for 2-3 years and apply for a new PR card, is it possible?

Thank you very much for any answer.

So see the posts above. Your case is NOT specifically addressed by the Ukraine measures, so anyone saying here is just guessing.

In brief, I'd suggest applying for a PRTD - where it asks for H&C [humanitarian and compassionate] reasons, write whatever you can but make it VERY clear that your main reason is the WAR IN UKRAINE. Maybe they'll approve it under H&C reasons - and then you go to Canada. (*See below)

[No-one has any idea whether this is likely or not - can only say that govt is treating this as a real emergency and MIGHT decide easier to just approve H&C.]

If they do not, they deny it, you effectively renounce your PR status, and apply immediately under the UA provisions announced by government.

*You did not mention whether you have pR card, SIN number, etc. Once in Canada you may have trouble getting eg health care or reactivating your SIN (i tmay have been put in dormant status, although you can actually use it, some more adventures await). If you got the H&C for PRTD, I would say apply for a new PR card - immediately on arrival.

The tricky part is that if you came under the UA provisions, some of these things are already figured out for those coming under those provisions (temporary SIN, health care, etc). But you'd have the advantage that your status in Canada would be permanent - not just three years like those using the UA provisions.

Good luck.

 

[armoured]

One additional thought - if you can travel to the Isa, you could present at a land border and be let in. Even if reported, you would be let in. And you can appeal that report with sake arguments to be made for h and c.

I'm somewhat inclined to say this not as attractive as you would have a less clear path to resolve some of the day to day questions like health care, but i am not sure. If you don't have a way to enter Isa (eg a visa) not worth discussing further.

 

[odonacer]

One additional thought - if you can travel to the Isa, you could present at a land border and be let in. Even if reported, you would be let in. And you can appeal that report with sake arguments to be made for h and c.

I'm somewhat inclined to say this not as attractive as you would have a less clear path to resolve some of the day to day questions like health care, but i am not sure. If you don't have a way to enter Isa (eg a visa) not worth discussing further.

Hi armoured

Thanks so much for your answers.
Regarding your last reply, actually I and my wife - we do have US B1/B2 visas, though our 2y old son don't have any visas.
Can you, please, advice some information regarding that appeal that I can make once I entered Canada from US?
I've searched in the Internet for this info, though only some immigration advocacy ads were found.
Thanks

 

[odonacer]

armoured,also I have one more idea on renewing my "expired" PR. What if I will apply for this CUAET program (UA provisions), move to Canada and from inside I'll apply for my PR renewal? Though it will create some new quest for obtaining a PR for my wife.

So, how do you think, is it more pragmatic to renounce my PR now and apply for CUAET program and then apply for new PR not just for me but for my family?

 

[armoured]

Can you, please, advice some information regarding that appeal that I can make once I entered Canada from US?

The process is that if you are issued a 44(1) report, that will advise you that have 30 days to appeal. You then appeal. Don't know what else to tell you about that. It's not specific to entering from USA.

 

[armoured]

armoured,also I have one more idea on renewing my "expired" PR. What if I will apply for this CUAET program (UA provisions), move to Canada and from inside I'll apply for my PR renewal? Though it will create some new quest for obtaining a PR for my wife.

So, how do you think, is it more pragmatic to renounce my PR now and apply for CUAET program and then apply for new PR not just for me but for my family?

I do not know, because no way for me to know what chances of you (or your spouse) are to qualify for PR in future.

It does seem that the demands under the CUAET program are relatively well known and most qualify.

On the other hand, if you apply for PRTD and it is granted, your spouse and child would likely qualify under the CUAET anyway, and you could sponsor them afterwards.

Basically if you wish advice, you shoudl probably consult a lawyer.

I've already stated my personal opinion, which is that I do not see much downside in applying for a PRTD.

But only you can decide, and I'm not saying that the one I see as having less negatives is the correct one - just no way I could know.

 

[odonacer]

I do not know, because no way for me to know what chances of you (or your spouse) are to qualify for PR in future.

It does seem that the demands under the CUAET program are relatively well known and most qualify.

On the other hand, if you apply for PRTD and it is granted, your spouse and child would likely qualify under the CUAET anyway, and you could sponsor them afterwards.

Basically if you wish advice, you shoudl probably consult a lawyer.

I've already stated my personal opinion, which is that I do not see much downside in applying for a PRTD.

But only you can decide, and I'm not saying that the one I see as having less negatives is the correct one - just no way I could know.

Thank you.