Expired PR
- Thread starter KMN63
- Start date
Honestly, it would likely be a difficult effort. Despite the card being expired, you are still a PR. However it sounds like you don’t meet the residency obligation and the rest of your family never did their landings. If that is the case, the landing documents are worthless. Your options are limited to applying for a PRTD and waiting for the result (most likely rejection) or entering at a land border from the US and not being reported (although I doubt a 10 year absense would go un-noticed). Once you receive a rejection or are reported, you could appeal to maintain your status. During that time you can not sponsor your family until the appeal is decided. If you managed to cross the border without being reported, you would need to live in Canada for 2 year continuously before you could renew your pr card and sponsor your family.
Thank you for the prompt reply, but I want to clarify that my family did the landing and their Landing documents were stamped in the year 2000, but they did not get their PR's.
Can we all apply for the PRTD? and if we get rejected, do we have a good chance in the appeal to maintain our status?
Can we all apply for the PRTD? and if we get rejected, do we have a good chance in the appeal to maintain our status?
In that case all of you can apply for a PRTD. Given it's been 10 years since your PR cards expired, your chances you will need to apply for PRTDs under H&C. Your chances of being successful are extremely low given how long it's been since you've been in Canada. What are your reasons for having failed to meet the residency requirement?
The main reason I had a very sick mother (Had several stokes) and sadly she passed away 2 months back. In paralel I had to work (Engineer) and always I have to hand over my projects which ususally take 2-3 years to hand over, and of course my cheldren at school and actually I will be having an issue with that because they are in Universities and I do not know what to do if they have to transfer from their schools if we have the chance to go to Canada. But it is the time to make the change.
Employment and education reasons aren't accepted as valid reasons for failing to meet the residency requirement. So CIC won't consider your work as an engineer or your children's education. You can try using your mother's illness as a reason provided you have no other family in your home country (e.g. no siblings). You'll need to have hard proof (hospitalization records, doctor letters) to cover 15 years of failing to be in Canada. However even with evidence, I still think the chances of a PRTD being approved are effectively nil and an appeal will be refused as well. You've simply been outside of Canada for far too long.
Your entire family could also try flying to the US, re-entering Canada through a US/Canada land border using a private vehicle. If you are reported at the border for failing to meet the residency obligation (chances are high you will), you'll be called to a hearing and should expect to lose your PR status and be forced to leave Canada. If you are not reported at the border, you'll need to remain in Canada for two years straight without leaving before you'll be able to renew your PR cards and be sure you can keep your PR status. During this time, it may be difficult to get health care coverage or have your children attend school if all they have is the landing document / COPR from years ago.
The most realistic option is to formally renounce your PR status and apply again from scratch. Your children can be included as dependents in the application provided they are 21 years old or under.
Your entire family could also try flying to the US, re-entering Canada through a US/Canada land border using a private vehicle. If you are reported at the border for failing to meet the residency obligation (chances are high you will), you'll be called to a hearing and should expect to lose your PR status and be forced to leave Canada. If you are not reported at the border, you'll need to remain in Canada for two years straight without leaving before you'll be able to renew your PR cards and be sure you can keep your PR status. During this time, it may be difficult to get health care coverage or have your children attend school if all they have is the landing document / COPR from years ago.
The most realistic option is to formally renounce your PR status and apply again from scratch. Your children can be included as dependents in the application provided they are 21 years old or under.
I just want to ask my PR card is expiring soon and all the flights is cancelled because of the virus. Is there anything I can do? I am living in Canada 5yrs already.
How soon is it expiring ? Maybe just put in an application for a PRTD which you will need anyway if you are unable to travel back either before the card expires or due to availability of flights. So far there has not been any indication the requirement for a valid PR card or PRTD for travel will be waived
Normally people would suggest heading for the US border with an expired card if have a US visa but currently that is not an option or at least not an option unless meting both the US entry requirements and 14 days residency in US requirement.
My card is expiring on April 20, all the visa offices here in my country is closed as of now because of the virus lockdown
As said unless I missed it and someone else can comment if I did I have not seen any exceptions posted by CBSA/IRCC to not requiring a valid PR card or PRTD to board a plane for Canada.My card is expiring on April 20, all the visa offices here in my country is closed as of now because of the virus lockdown
Ignore the 14 day residence US requirement I previously quoted that if I read the following link not a requirement for Citizens or PRs across the land border although getting into the US in the first place possibly still a challenge or just restricted
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-special-measures.html
Not a very helpful comment in your situation given hindsight is not much use and no idea how long you have been out of the country but believe PR cards can be renewed upto 9 months in advance of expiry so given this unplanned emergency others reading this should maybe check their PR card validty to cater for the unexpected
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