My PR has expired in Sept 2016, and I’m currently based in UAE. I have not completed my requirement of no of days stay in Canada to renew my PR status. Me and my family weren’t able to stay in Canada due to personal reasons. But now we have decided to move back to Canada. Is it possible we can enter Canada on our previous PR or is it possible to renew our PR status from UAE and then enter Canada on a valid PR?
Expired PR
- Thread starter Mustanh
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You will find plenty of posts here with same scenario and really you only have one choice which is to travel to the US assuming you have a US visa and cross over the land border hoping you do not get reported for failing your residency obligation leading to your PR being revoked. If you are not reported then you need to stay in the country for 2 years without leaving or applying for a new PR card.
You need a PR card or PRTd to board a plane for Canada so if you apply for a PRTD Immigration will see you have failed the residency obligation and start to revoke your PR status hence land border is really only option.
You cannot renew a PR card from outside Canada.
The only other option would be a Human and Compassionate reasons but that is very difficult to get approved and would need to be some serious health issues with a family member in home country for example to even be assessed.
If I enter Canada through land border via US then will I be considered as a legal resident based on my valid SIN card, valid ON driving license and landing documents. Can I avail of the various benefits like child care, health cards, etc. Also can I apply for jobs and children school admission without a valid PR?
Are your spouse and children all PRs? There is no way to sponsor anyone for 2 years while you wait 2 years to meet your RO. There is a huge "if" to the scenario. You have to cross the border without the border agent realizing that you do not meet your residency requirement. Given you lack a valid PR card it will be difficult. You will be enter Canada and you can try to appeal but the process of revoking your PR will begin so you could have to leave in 1-2 years based on porcessing and appeal times.
Yes we all were PRs my spouse and 2 kids but unfortunately since we did not stay for the period of 730 days we were not able to renew our PR cards. Now we want to migrate permanently hence exploring all sorts of opportunities to get migrated on the old PR
You should have done all this while you were in compliance with the RO and had valid PR cards. It may very well be too late for you now.
You said you were outside Canada for personal resons, so really you have no legitimate H&C reasons to not meet the RO.
If you go through all the effort to travel to USA and then to Canada land border, you must declare your family are all PRs in order to be allowed entry (I assume you don't hold visa-exempt passports). The CBSA officer will very easily see none of you meet the RO, have no H&C reasons, so I would expect very high chance you get reported for violation of RO which starts process to revoke your PR status.
You will still be allowed to enter, and can choose to appeal the decision if you want. But really due to lack of H&C reasons there is a high chance after year or two waiting in Canada for appeal date it will ultimately be denied and you would all have PR status terminated and need to leave Canada.
If by some miracle CBSA does not report you, then you'd need to commit to staying in Canada 2 straight years without leaving even once for any reason, before you could apply to renew PR cards. It may be difficult to live without PR cards, but not impossible as long as you already have SIN.
So ultimately you will need to go through lots of cost, time and effort to try... and in the end you may still have PR status terminated.
In case if I enter Canada through the US land border am I considered as a legal resident of Canada inspite of the fact that I do not hold a valid PR? Also, Me and my family members have got SIN and myself and my spouse have also got an valid ON ‘G’ driving license. Can I use these IDs for my day to day requirements in Canada wherever ID is being asked for. Can I get my children admitted to the public schools in Canada without a valid PR.
Once I enter Canada I would be committed to complete my naturalisation formalities which requires a stay of around 1050 days. So in that case can I appeal for a PR status to the Canadian authorities?
Again, it all depends on if you're reported by CBSA upon entry for non-compliance of RO. If you are reported, then you can still enter as a PR. You can choose to appeal the termination of your PR. Appeal date may take a year or two to arrive, during which time you can apply for temporary 1-year PR cards, live, work, go to school, etc. just as any PR.
However since you were outside Canada so long for personal reasons (like employment, etc) and not valid H&C reasons (like serious medical condition of a family member), odds are any appeal will fail and in a few years time you could have your PR status terminated and asked to leave Canada.
During time waiting for appeal, the time you spend in Canada is not counted to your residency obligation stay.
Hi,
My PR card is expired and I didn't meet the minimum requirement. I am in India now. My husband recently went to Canada(he has PR) and he is working there. If I apply for PRTD and if it is denied, can I again apply for PR?? In meantime is it possible for me to visit my husband with a visitor visa??
Any chance for me to get PRTD approved??
My PR card is expired and I didn't meet the minimum requirement. I am in India now. My husband recently went to Canada(he has PR) and he is working there. If I apply for PRTD and if it is denied, can I again apply for PR?? In meantime is it possible for me to visit my husband with a visitor visa??
Any chance for me to get PRTD approved??
Well first point would be that PR cards expire but PR status never expires and can only be revoked or renounced.
So even if your card has expired you are still a PR and cannot apply for a visitor visa unless your status is reovked or you renounce.
Sure you can try applying for a PRTD but if you have failed your residency unless you have compelling H&C reasons for failing it is possible the process to revoke your status may be started just fdepends by how much you have failed the RO.
If your PR status is revoked which may take some time to process then sure you could apply for PR again or assuming your spouse has met the RO he could sponsor you . This may take many months though to process upto 12 months and in mean time applying for a visit visa has a 50/50 chance of success given IRTCC tend to suspect a spouse on a visit visa may not leave when they are supposed to. Also note that dues to COVID visit visa applications are taking a long time, currently 244 days quoted for India.
- If you end up losing your PR status through a PRTD being refused, your husband can sponsor you for PR as long as he meets the residency requriement.
- If he does not meet the residency requriement, then he will have to wait to submit the sponsorship application until he does. Or you can apply independently through an economic immigration stream like Express Entry based on your education, work experience, age, language scores, etc.
- You ca apply for a visitor visa however approval is never guaranteed. If you apply for a PRTD and it is refused, then I would recommend waiting several months before applying for a visitor visa.
Thank you so much.
Is it possible for me to go to the US and cross the border via my husband's car or rental car along with my husband? or I have relatives in the US, can I travel with them to Canada in their vechile. Will they report me?
Yes, you can go by private car from the US. However you can still be reported if you do that.
Your relatives most likely cannot drive you to Canada at this time due to the panedemic travel restrictions. Only essential travel is allowed right now.
Does your husband meet residency requirements? If so, then he may be able to enter the U.S. (depending on whether he meets travel restriction requirements). If he does not meet residency requirements for his PR status, then he should not leave Canada.
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