Expired PR

[soni252001]

Hello,

I have an expired PR card that expired in 2009 and could not fulfill my residency obligations at the time when I was first issued my PR card when I was 4 years old. As of today, I am 19 years old and intend on attending University in Canada. I had recently applied for my student permit and have not heard back but I have come to understand that it will not come through as I still am a PR holder.

I plan on returning to Canada via the land border via the United States. Once at the border, I will attempt to explain my case of how I was not of age to pursue and honor my PR however as I am now of age, I intend to do abide by the RO's and honor my status if given the chance. Most likely, give the time frame that I have spent outside Canada I will get reported. However, if I am not able to gain back my PR status, will I be able to revoke my status at the border and enter the country under a tourist visa, allowing me to apply for a study permit whilst being in Canada?

Also, can they deny me entry into Canada even with an expired PR card?

I would appreciate any guidance upon this matter! Thank you

 

[nll]

No one will you give you back your PR status you've lost 11 years ago. They'll deny you entry if you don't have a visitor visa.

You need to apply to a study visa if you want to study in Canada, where you do so doesn't really matter.

 

[steaky]

No one will you give you back your PR status you've lost 11 years ago. They'll deny you entry if you don't have a visitor visa.

You need to apply to a study visa if you want to study in Canada, where you do so doesn't really matter.

Son has not yet lost the PR status until the IRCC judge said so or he denounce his status. They probably report him but not deny his entry. He need to denounce his status first (at a Canadian consulate outside Canada) if he wants to get a study permit or tourist visa.

 

[canuck78]

You essentially have to wait. You should be getting a message that says you don’t qualify for a study permit application because you still have PR status. Entry requirements are different for domestic and international students. Are you sure you will be able to fly into the US? Things are very fluid. When are you aiming to enter Canada? Do you have a SIN#?

 

[Buletruck]

Even if you renounce at the birder, you’ll be allowed to enter for 30 days (if I’m not mistaken). You would be eligible for a TRV or student visa until your application to renounce is processed.

 

[thevisawhisperer]

I'm sorry, but the amount of mistaken information in this thread is troubling. If you were taken out of Canada as a minor and are returning at the earliest possible opportunity (i.e., you've turned 18 and are in a position to live independently from your parents) there is a good chance that either the border official will allow you into Canada without writing a report to initiate stripping your PR or, if the officer does, that you could succeed on appeal. I have made a similar case for more than one applicant and have been successful. NB, as with every immigration application, the exact circumstances and details of your situation - not to mention whether the CBSA officer you encounter is sympathetic or hostile - will determine your outcome.

 

[armoured]

There are a lot of questions that come up here like whether you've already been accepted to a Canadian school/university.

But first: you should NOT sign a document to renounce PR status unless you're sure that's in your best interests. You may wish to speak to a lawyer/consultant.

As noted, you may have a chance of 'restoring' (retaining really) your PR status on H&C grounds based on being taken out of Canada as a minor. That would usually mean applying for a PRTD or arriving at a border and either hoping you don't get reported or going through the appeals process. (As noted, if you arrive at a land border, you can't be refused entry)

Your study permit will likely be refused and/or an opportunity given for you to renounce your PR status - a PR cannot be issued a study permit as PRs do not need them and can't be issued one. (As noted, you're still a PR, albeit out of compliance with the residency obligation).

Again, do not sign the document renouncing PR status without looking into the consequences. (I think fair to say there's also no guarantee you will get issued a study permit).

Even if you do arrive in Canada it may be difficult to get accepted as a PR at a university, you may not have a SIN based on your age, and other things like ability to work may be impacted (e.g. while going through the appeals process), health care, etc. You will need some funds to support yourself.

As a side note, I would guess it's unlikely you could arrive and enter at the border without getting reported, as your study permit application (and e.g. refusal) would be flagged in the system.

If you wish to retain PR status in near term, your best chance would be H&C based on being removed as a minor, but there are no guarantees in that respect either. There are other threads here discussing the issue of minors returning and retaining status. Again, it may be worth speaking to a lawyer or consultant with experience - there are factors like how soon after getting to age of majority you apply to return (short form, the sooner, the better).

 

[canuck78]

I'm sorry, but the amount of mistaken information in this thread is troubling. If you were taken out of Canada as a minor and are returning at the earliest possible opportunity (i.e., you've turned 18 and are in a position to live independently from your parents) there is a good chance that either the border official will allow you into Canada without writing a report to initiate stripping your PR or, if the officer does, that you could succeed on appeal. I have made a similar case for more than one applicant and have been successful. NB, as with every immigration application, the exact circumstances and details of your situation - not to mention whether the CBSA officer you encounter is sympathetic or hostile - will determine your outcome.

Not sure when you got PRTD based on H&C reasons but due to the volume of aplicants and many who had never moved to Canada there seems to have been more stringent conditions when it comes to being approved. I do think that if you habe recently gradhated high school and you are 18/19 you still habe a good chance. Many are using this as a loophole to secure PR for their children and domestic tuition so things could change and some previous establishement in Canada may eventually become a requirement.

 

[Vaishu221]

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??

 

[Bs65]

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??

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 status is revoked 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 due to COVID visit visa applications are taking a long time, currently 244 days quoted for India.

 

[Vaishu221]

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 status is revoked 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 due to COVID visit visa applications are taking a long time, currently 244 days quoted for India.

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 vehicle. Will they report me?

 

[armoured]

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 vehicle. Will they report me?

Yes, you can travel from US to Canada by car with your expired PR card. You can still get reported and they start the process of examining/potentially leading to revocation (with appeal process etc). Or they may decide to let you through with only a warning. If they start that formal process, you can be in Canada while this goes on.

Note: you make no mention of how much you are out of compliance. If it's only a short while, your chances are better. It may help that your husband is residing in Canada (how long / assume he is in compliance?). If your reason for delay was for grounded, solid H&C reasons (why were you out so long), or if the out-of-compliance period coincides with covid travel.

But no-one can tell you in advance how this is likely to go. Since your PR card is expired, possibly considerably out of compliance?

One option - eventually - is to renounce and be sponsored anew by your spouse. But look into the other avenues first.

 

[Vaishu221]

Yes, you can travel from US to Canada by car with your expired PR card. You can still get reported and they start the process of examining/potentially leading to revocation (with appeal process etc). Or they may decide to let you through with only a warning. If they start that formal process, you can be in Canada while this goes on.

Note: you make no mention of how much you are out of compliance. If it's only a short while, your chances are better. It may help that your husband is residing in Canada (how long / assume he is in compliance?). If your reason for delay was for grounded, solid H&C reasons (why were you out so long), or if the out-of-compliance period coincides with covid travel.

But no-one can tell you in advance how this is likely to go. Since your PR card is expired, possibly considerably out of compliance?

One option - eventually - is to renounce and be sponsored anew by your spouse. But look into the other avenues first.

If I renounce my PR status now, can my husband sponsor me again as PR?

 

[Bs65]

If I renounce my PR status now, can my husband sponsor me again as PR?

Sure but you should expect it to take upto 12 months and he would need himself to be residency compliant before submitting an application.

As said before once you have renounced which may take a few months to process it may be a challenge to apply for a visitor visa in the interim given IRCC tend to operate on the basis that a spouse will not leave when supposed to so need firm ties to home country. Nothing to stop you from applying though and if succcessful travelling to Canada as immediate family then applying through the inland spouse sponsorship program.

As for travelling via the US be aware that there are currently restrictions on non essential travel between the US and Canada land border which may cause issues for both your friends and your husband as far as travelling by their cars . . As a PR even with an expired card you would be entitled to enter Canada from the US whether reported or not just with the current restrictions may have to organise travel yourself plus of cpurse the mandatory 14 days quarantine.

These US/CAnada COVID based restrictions are reviewed every month so depends how COVID evolves in future

Edited : As amoured has said explore all options first before renouncing PR status. Maybe depending on the reason you have not met RO and you are not comfortable with the US/Canada approach apply for a PRTD with backup documentation to see what happens whether is rejected outright or is accepted. Nobody here can say one way or the other what you should do as is your decision based on your circumstances

 

[armoured]

If I renounce my PR status now, can my husband sponsor me again as PR?

Good answer above - and the US-Canada border issues are very serious and changing, so not necessarily easy.

How much out of compliance are you? Or rough dates of landing / time in Canada.