DECLARATION AT CANADIAN POE - BREACH OF PR COMPLIANCE

[Preetaarun]

Hi,
I am a new member & am impressed with all the valuable inputs. Need assistance with my situation.

We (Husband, wife & kid) landed as PR in November 2009 and stayed in Canada for 2 months.
Cards valid until November 2014.
We both were busy with our careers in middle east and have decided to go settle down in Canada in August 2013.

Issues: We have been away from Canada for almost 3 years & 7 months.
We will have completed only about 18 months by November 2014 & we are in breach of PR compliance.

a) What kind of questions do we expect at the airport.
b) Can we voluntarily declare about the situation of breach to the officer. (As any other replies will be a lie & we don't want to do that.)
c) What repercussions could we expect in case of self declaration.

Thanks in advance for your time.

 

[Preetaarun]

Seniors, Please assist & give some advice that will put me at ease.
Thanks.

 

[GinnyPi]

Read this thread:
http://www.canadavisa.com/canada-immigration-discussion-board/entering-canada-with-an-expired-pr-card-urgent-please-help-t89524.0.html

Summary:
No need to declare anything. Enter Canada as normal, and wait until you have been here 730 days before you apply to renew your PR cards. They may tell you at the border that you are in danger of missing the residency obligation but they have to let you in especially if your PR cards are still valid.

 

[Preetaarun]

Dear Seniors - Leon, Msafiri...

By God's grace, we could enter Canada in August 2013 without any issues.
When our PR cards expire in November 2014, we will have spent only 16 months in Canada - means we will have to live in Canada without a valid PR card for the next eight months until we satisfy the condition of 730 days and apply for renewal.

Until now we both have not found a job and are living on survival jobs. My husband has an interview shortly on his field of expertise and is very optimistic. Will he have issues in the job front because the PR will expire in the next 8 months and cannot be renewed for another 6 more months.

Please advise.

 

[kennykill]

Will he have issues in the job front because the PR will expire in the next 8 months and cannot be renewed for another 6 more months.

Your PR does not expire, only the PR card has an expiry date. The only way you can lose Permanent Residency is by having it revoked by CIC or you renounce it yourself. CIC can revoke it for many reasons, including breaking serious laws or trying to renew your PR card without meeting the residency obligations. Wait until you meet the RO before applying for renewal, note it's not just about 730 days in Canada in a 5 year period, you must also not be outside of Canada for over 1094 days in the same 5 year period.

You can live in Canada as a Permanent Resident without a valid PR card, however this means that you can not travel outside the country. Your husband can show employers his PR card if he's asked to prove residence and tell them that he will renew it when the time comes. Making sure that you have valid drivers licenses and health cards is a good idea before the card expires. Remember though, if at some point he's asked to travel outside of Canada for work from now until renewal he will not be able to do so.

 

[Leon]

Nothing will happen when your PR card expires. There is no law that requires you to apply to renew your PR card as soon as it expires. Just sit tight and do not apply to renew until you have your 2 years in Canada within the past 5.

Keep in mind that because you spent more than 3 years outside Canada, the first 2 months that you stayed after your landing will not count towards the residency obligation because they will have moved outside the window of the past 5 years by the time you want to renew your PR card. Therefore, you need 2 solid years in Canada so if you arrived in August 2013, you can apply to renew in August 2015 at the earliest.

 

[Msafiri]

Dear Seniors - Leon, Msafiri......

Until now we both have not found a job and are living on survival jobs. My husband has an interview shortly on his field of expertise and is very optimistic. Will he have issues in the job front because the PR will expire in the next 8 months and cannot be renewed for another 6 more months.

Please advise.

Employers used to be mostly ok with the provision of a non 9 prefix SIN but of course they can indirectly clarify your status by asking for immigration related documents as part of the application process. If this is the case show them your COPR which should be more than enough. However if they insist on the PRC or the job requires travel by commercial means especially air travel then you would either go legal on them (bad idea) or have to not go for the position. These uncertainties and bureaucratic hold ups are increasingly the issue with not having a valid PR Card which gradually by a process known as function creep is becoming the only acceptable proof of PR Status for many things even though as per the IRPA its a status document for travel purposes.