Expired PR, should I re-apply as Skilled worker?

[rob6547]

Hello All,

I have a PR card that expired in 2008 through my parents (entrepreneur).
Im certain they will not give me a Travel document since its been ages.
Im pretty much ready to apply for the Skilled program, all my docs are in order and I have over 70 points (eligible). NOC still under cap.

As you know, the US border option is there too, would it be smart to apply for a new PR as a skilled worker? or just go to the border with my expired card?

If I apply for FSW and get rejected, would it make my appeal case harder if they take my PR card at the US border?

Im so confused, your help would be much appreciated.

Thanks,

 

[iamdare]

Hello Rob.

No need to be confused.

I am making two assumptions (1) You are older than 19 (2) You currently reside in USA but not a citizen.

If all your documents are ready for the Canadian Federal Skilled Worker's Programme, why not just apply?

If your PR card has expired, I doubt if you will be let in via the US/Canada border. Even if you get in somehow, then you will be in Canada illegally.

If you apply for FSWP and are rejected (be positive), it does not affect your chances of applying for any other visa or permanent residency in Canada or any other country for that matter, as long as there was no misrepresentation or false information found in your application.

Do let me know what your decision is.

 

[namaste]

Hello All,

I have a PR card that expired in 2008 through my parents (entrepreneur).
Im certain they will not give me a Travel document since its been ages.
Im pretty much ready to apply for the Skilled program, all my docs are in order and I have over 70 points (eligible). NOC still under cap.

As you know, the US border option is there too, would it be smart to apply for a new PR as a skilled worker? or just go to the border with my expired card?

If I apply for FSW and get rejected, would it make my appeal case harder if they take my PR card at the US border?

Im so confused, your help would be much appreciated.

Thanks,

You didn't mention the most important details about you.

1. Where are you living currently? (In Canada already or outside?)
2. Have you fulfilled the residency requirement? (that is, live in Canada for 2 years in the past 5 years?)

You mentioned your PR card is expired. PR card is not the same as PR. You can still be a PR with an expired PR card if you have maintained the residency requirements. If what you meant is that you no longer meet the residency requirement for PR, then your only option would be to reapply fresh through one of the PR programs.

 

[scylla]

If I apply for FSW and get rejected, would it make my appeal case harder if they take my PR card at the US border?

You can't do the above. If you decide to file a FSW application, CIC will ask you to formally give up your PR status before proceeding with the FSW application. If your FSW application is then denied, your PR status will already be permanently gone.

If you want to try your luck at the US border and try to save your existing PR status, you need to do this before trying to apply for FSW.

 

[rob6547]

Hello Rob.

No need to be confused.

I am making two assumptions (1) You are older than 19 (2) You currently reside in USA but not a citizen.

If all your documents are ready for the Canadian Federal Skilled Worker's Programme, why not just apply?

If your PR card has expired, I doubt if you will be let in via the US/Canada border. Even if you get in somehow, then you will be in Canada illegally.

If you apply for FSWP and are rejected (be positive), it does not affect your chances of applying for any other visa or permanent residency in Canada or any other country for that matter, as long as there was no misrepresentation or false information found in your application.

Do let me know what your decision is.

Iamdare,

Thank you for the response. Im 34 living in Dubai. So getting the US Visa is another mission on its own! I have been to the US before so maybe that wont be an issue. Just not sure.

I believe I have good points overall and can apply without main issues. My main concern is the expired PR card I have and if I have to submit that?
Im just not sure how these two cases will interact with each other.

 

[rob6547]

You didn't mention the most important details about you.

1. Where are you living currently? (In Canada already or outside?)
2. Have you fulfilled the residency requirement? (that is, live in Canada for 2 years in the past 5 years?)

You mentioned your PR card is expired. PR card is not the same as PR. You can still be a PR with an expired PR card if you have maintained the residency requirements. If what you meant is that you no longer meet the residency requirement for PR, then your only option would be to reapply fresh through one of the PR programs.

Namaste,

Im living in Dubai. No I didnt live back in Canada for 2 years out of 5.
It seems people go back anyway, and then stay there for 2 years after which they then apply for the PR card renewal?
I was under the impression that just cause the card is expired my residency hasn't. I have a SIN number for example which has has no expired date on the card.
But you are right, I have not maintained the residency requirements.

So I'm thinking might as well just apply for FSW, however a user in this topic did say they will ask for my old PR card back?

 

[rob6547]

You can't do the above. If you decide to file a FSW application, CIC will ask you to formally give up your PR status before proceeding with the FSW application. If your FSW application is then denied, your PR status will already be permanently gone.

If you want to try your luck at the US border and try to save your existing PR status, you need to do this before trying to apply for FSW.

Scyla,

That would be the idea approach, but unfortunately it will take time for me to apply for the US visa and the window for the FSW application submission is getting smaller day by day.

Is there a chance they will turn me back at the border or I will be let back into Canada?
If in I can fulfill my 730 obligation and then renew the old PR card?

 

[namaste]

Scyla,

That would be the idea approach, but unfortunately it will take time for me to apply for the US visa and the window for the FSW application submission is getting smaller day by day.

Is there a chance they will turn me back at the border or I will be let back into Canada?
If in I can fulfill my 730 obligation and then renew the old PR card?

Why don't you apply for the travel permit based on the expired PR card in the canadian embassy where you are? They will reject your application for the permit and that will officially end your PR status.

 

[rob6547]

Why don't you apply for the travel permit based on the expired PR card in the canadian embassy where you are? They will reject your application for the permit and that will officially end your PR status.

Namaste,

Yes that is an option. Just 2 issues with it after I thought about it myself initially as well:

1 - The FSW window is closing fast and I have to submit in a few weeks tops or forget it
2 - Yes, they will reject the renewal and close end my PR status, but that also removes any chance for the US land entry option as some people seem to recommend.

My current idea is to go ahead and apply for FSW, all my docs are pretty much ready.

Unless there is an obvious point I'm missing and perhaps you guys can advise me on that.