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Applying for PR when already a resident as thought it had expired...

T

Thetruthshallsetufree

Member
Feb 28, 2017
12
0
Dandandandan said:
However, when I got to immigration in Canada, I was told as I'd never formally surrendered my residency status I was therefore still a resident on the system. They told me this was actually quite a common misunderstanding and that I should look into it, then let me into the country.

This means I am now in the country as a resident(?) but obviously my PR card has now expired. My understanding is if I stay here for the 730 days I could renew my PR card(?) but my main questions are, what happens when Immigration Canada go to process an application for PR for someone who already has PR status? And, am I able to get a job if I have an expired PR card? As it is not really feasible (or sensible) to stay here for 2 years and not work.

Effectively what I'm asking is, would it be better to remain here for 2 years to renew the PR card (if that is an option) or to revoke the current PR status and carry on with the original (and somewhat risky) plan.

Hi Dan,

To tell the truth, there seems to be too much "testosterone" flying around you situation., between Rob _TO and David 1697. Your situation though seemingly, complicated can be looked at simply.

The big factor in your favour is that you were allowed into Canada without being issued an 'inadmissibility' report (a copy of this report is usually given to the person being admitted, if he has not met the residency obligation) The IRPA clearly mentions that if a PR presents himself or herself at a Canadian POE, he/she must be allowed to enter even if the PR has not met the RO. ( couple of exceptions would be the PR already has a deportation judgement in effect)

If a PR is admitted without a 'report' there is usually a FOSS report ( which is basically and entry into the 'online system' and records the PR's name, address, date of entry and other general information, for all departments to access, as and when needed.

So to answer your question, because you are in the country, you should remain for 2 years, thus fulfilling your RO then apply for renewal of your PR card (because that's all that has expired, not your PR status). In the meantime, if you have a SIN number, which you should have, you can get any job. If, by chance, an employer asks for your PR card, which he should not, either refuse that job or tell them that it is being processed.

If staying in Canada is important for you, your best option is to stay put. My advice, don't lose the " bird in hand by going after two in the bush ".

Since the outcome of your FSW application is still in process, there is no guarantee, the result will be a positive one and besides you cannot apply for PR when you are already a PR and admitted as one by POE officer.

Please do consult an Immigration Lawyer on this subject. You cannot expect a good advice if its a free consultation, most of the lawyers usually do a 30 minute phone consultation for about $200 to $250. Write all your question and get them to answer all of them. Warning 8) will try to pull ranks on you, they being lawyers, but hold you ground till your questions are answered. ( after all you are paying through your nose, for it )

All the best.

Thetruthshallsetufree
Click to expand...
 
T

Thetruthshallsetufree

Member
Feb 28, 2017
12
0
However, when I got to immigration in Canada, I was told as I'd never formally surrendered my residency status I was therefore still a resident on the system. They told me this was actually quite a common misunderstanding and that I should look into it, then let me into the country.
Click to expand...
Did you ask the officer, what he means by " I should look into it," ?

This means I am now in the country as a resident(?) but obviously my PR card has now expired. My understanding is if I stay here for the 730 days I could renew my PR card(?) but my main questions are, what happens when Immigration Canada go to process an application for PR for someone who already has PR status? And, am I able to get a job if I have an expired PR card? As it is not really feasible (or sensible) to stay here for 2 years and not work.

Effectively what I'm asking is, would it be better to remain here for 2 years to renew the PR card (if that is an option) or to revoke the current PR status and carry on with the original (and somewhat risky) plan.
Click to expand...
Hi Dan,

To tell the truth, there seems to be too much "testosterone" flying around your situation., between Rob _TO and David 1697. Your situation though seemingly, complicated can be looked at simply.

The big factor in your favour is that you were allowed into Canada without being issued an 'inadmissibility' report (a copy of this report is usually given to the person being admitted, if he has not met the residency obligation) The IRPA clearly mentions that if a PR presents himself or herself at a Canadian POE, he/she must be allowed to enter even if the PR has not met the RO. ( couple of exceptions would be the PR already has a deportation judgement in effect)

If a PR is admitted without a 'report' there is usually a FOSS report ( which is basically and entry into the 'online system' and records the PR's name, address, date of entry and other general information, for all departments to access, as and when needed.

So to answer your question, because you are in the country, you should remain for 2 years, thus fulfilling your RO then apply for renewal of your PR card (because that's all that has expired, not your PR status). In the meantime, if you have a SIN number, which you should have, you can get any job. If, by chance, an employer asks for your PR card, which he should not, either refuse that job or tell them that it is being processed.

If staying in Canada is important for you, your best option is to stay put. My advice, don't lose the " bird in hand by going after two in the bush ".

Since the outcome of your FSW application is still in process, there is no guarantee, the result will be a positive one and besides you cannot apply for PR when you are already a PR and admitted as one by POE officer.

Please do consult an Immigration Lawyer on this subject. You cannot expect a good advice if its a free consultation, most of the lawyers usually do a 30 minute phone consultation for about $200 to $250. Write all your question and get them to answer all of them. Warning 8) will try to pull ranks on you, they being lawyers, but hold you ground till your questions are answered. ( after all you are paying through your nose, for it )

All the best ;)

Thetruthshallsetufree
 
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