If PR card expires....Can I re-apply?

[Leon]

Finally I wish to take your advise that as my PR card expires this Nov 2013, should I take a chance to enter Canada. Would I be stopped by the immigration officer or I can enter smoothly without any hassles. The Q of hiding of PR expiry for 2 years and then approaching immigration that I lived in canada for 2 years, will they consider it and renew my PR for next 5 years. Would I be able to visit my family after 2 years or can sponsor them then.

In these 2 years, how I will manage to work and earn, will my identity revealed by any means. Please please advise.

Nobody can guarantee that immigration will not report you on entry for not meeting the RO. If they do, you can appeal. If you win your appeal, you stay, if you lose the appeal, you lose the PR and go home.

If you are not reported, you can stay for 2 years and bring your PR status back in good standing. You are still a PR so you are allowed to work. You should arrange for health care and drivers license while your PR card is still valid and preferably just stay in the same province. Then you should not have any problems. You do not need a valid PR card in order to work. You just need a SIN.

After 2 years in Canada, you can apply to sponsor your family and you can apply to renew your PR card without prejudice. Immigration actually takes this possibility into account, see:

For persons who have been permanent residents of Canada for more than five years, the only
five-year period that can be considered in calculating whether an applicant has met the residency
obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii)
precludes a visa officer from examining any period other than the most recent five-year period
immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant’s past, but must always assess the most recent five-year
period preceding the receipt of the application.

 

[SJ100]

thank you guys for a good topic!
i have similar situation.
my question is if your card expires (residency status apparently as well) can you come back lets say after 3 years by getting "travel document" from your country Canadian embassy? or you completely out of chance?
to continue the thought can one get back to Canada , start working (no need actually PR card?) and restore PR after 2 years...?
(bringing the family i guess another big problem)

 

[scylla]

thank you guys for a good topic!
i have similar situation.
my question is if your card expires (residency status apparently as well) can you come back lets say after 3 years by getting "travel document" from your country Canadian embassy? or you completely out of chance?
to continue the thought can one get back to Canada , start working (no need actually PR card?) and restore PR after 2 years...?
(bringing the family i guess another big problem)

A Travel Document will only be approved if you meet the residency requirement.

 

[Leon]

thank you guys for a good topic!
i have similar situation.
my question is if your card expires (residency status apparently as well) can you come back lets say after 3 years by getting "travel document" from your country Canadian embassy? or you completely out of chance?
to continue the thought can one get back to Canada , start working (no need actually PR card?) and restore PR after 2 years...?
(bringing the family i guess another big problem)

Your residency status does not expire with the card. As long as you meet the RO (residency obligation) of at least 730 days in Canada in the past 5 years, you can apply for a PR travel document and upon returning to Canada can apply to renew your PR card.

Another option is that you had humane and compassionate grounds for why you were unable to meet the RO, something such as severe medical problems of a family member that you were taking care of or severe medical problems of your own, cancer treatment for example. In such cases, you will have to provide proof and it is possible that they accept your reasons and give you a travel document even if you do not meet the RO.

If your family meets the RO, they can apply for a travel document too. If they were accompanying you and you had humane and compassionate grounds, you can all apply for a travel document together and they will get them too.

If your humane and compassionate grounds are not accepted, you would be denied a travel document and lose your PR status. Your children might not lose their PR status because it could be accepted that they were forced to come with you as minors when they might have made the decision to stay in Canada if they could have. Your children can apply for travel documents at age 18 if they want to return based on that they were removed from Canada as minors.

Applying for a travel document forces immigration to investigate and make a decision on your case. If you do not meet the RO, you may have a better chance if you do not apply. How you would get to Canada without a travel document would be easy if you are visa exempt. You simply book a ticket and travel on your visa exempt passport and when you arrive in Canada, tell them you are PR and explain your case. If you are not visa exempt, but can get a visa to the US, you can enter Canada without a travel document at the land border.

Immigration officers faced with your case at the border will be forced to let you enter Canada. They could however report you for not meeting the RO in which case you can appeal and continue to stay in Canada as a PR for the duration of the appeal processing. However, at the end, if you lose your appeal, you would lose your PR. If you are allowed to enter Canada without getting reported, you would have the option of staying 2 years and putting your PR back in good standing before you apply to renew your card.

As for needing a PR card for living in Canada, it is getting more common for it to be asked for, for example to get a drivers license, health care, even a job but there is actually no law that says you must have a valid PR card to live in Canada.

 

[SJ100]

alright.. though even if you enter from US and dont have exempt passport - you have to get a visa /mybe basic tourist one/ and then break the standing period.. or you still have to apply for travel document with all the risks.
another intersting thing - how officer check your RO ? if he reports and indeed your previous application failed - you automatically lose your PR, even if returned to the country and stayed another 2 years...

 

[Leon]

alright.. though even if you enter from US and dont have exempt passport - you have to get a visa /mybe basic tourist one/ and then break the standing period.. or you still have to apply for travel document with all the risks.
another intersting thing - how officer check your RO ? if he reports and indeed your previous application failed - you automatically lose your PR, even if returned to the country and stayed another 2 years...

If you are a PR, you can not get a tourist visa but you don't need one either to enter by land from the US. You need the travel document only if you are travelling via commercial carrier (airline / bus / train). If you get yourself to the border and cross on foot, in a private car or rented car, you only have immigration Canada to deal with and if you are a PR, you do not need a visa to enter Canada. You may however have a problem if they suspect you don't meet the RO. They can report you but they must let you enter.

 

[PUJA]

Hi Leon,

We ( me,my son and my husband)applied for PR card renewal on Sept. 24.i and my husband got an email from CIC on Jan 30 that the file has gone for secondary processing .We got another email for my son Jan 31 saying that the file has gone for secondary processing and that they need my the coloured copy of passport for my son.None of the documents have been asked so far from me and my husband.
I sent the required documents for my son and They received the documents on Feb 12.
The thing is My husband has completed 800+days in Canada,My son has completed 760 days in Canada but I am on 745 days on the date of application which was sept 16,2014.
We still are in Canada and our cards are expiring on March 15 2015.
Do you think,there would be any problem due to less time in Canada for me 745 days?
I am totally worried.Any opinions??
Do you think I should send more documents (for me and my husband)to prove our residency or just wait??
How long do you think the secondary processing takes?please reply.

 

[PUJA]

Also,I want to know that if in case by any chance CIC has any doubts on the residency .in that case do they just refuse the application or do they ask for any sort of documentation?
Many thanks in advance for replying.

 

[Leon]

As long as you all had 730 days or more in Canada in the past 5 years before you applied, you shouldn't have to worry.

It is possible if immigration doesn't believe you that they will refuse to renew your PR card but if they don't have any proof either that you lied, they can not revoke your PR status so you can simply stay longer and apply again to renew it later.

If you go to a doctor on a regular basis, you can request that information from your provincial health care and if you visit a dentist regularly, you might want to get those records from your dentist as well. If immigration calls you for an interview because of your PR card, you can show these documents to prove you were in Canada at least on those dates.

 

[PUJA]

As long as you all had 730 days or more in Canada in the past 5 years before you applied, you shouldn't have to worry.

It is possible if immigration doesn't believe you that they will refuse to renew your PR card but if they don't have any proof either that you lied, they can not revoke your PR status so you can simply stay longer and apply again to renew it later.

If you go to a doctor on a regular basis, you can request that information from your provincial health care and if you visit a dentist regularly, you might want to get those records from your dentist as well. If immigration calls you for an interview because of your PR card, you can show these documents to prove you were in Canada at least on those dates.

Thanks a lot for your reply Leon.
So that means in case they refuse this time,We can still reapply?Would the decision this time affect our next application?
Also,do you know usually how much time the secondary processing takes? Please guide.
Thanks.

 

[PUJA]

I have another question Leon,
In case I send some Documents to prove my Residency in Canada even without they have asked for those.
Would it affect my application?
Would it have a positive or a negative effect?
Kindly guide me through .
Thanks.

 

[Leon]

I have another question Leon,
In case I send some Documents to prove my Residency in Canada even without they have asked for those.
Would it affect my application?
Would it have a positive or a negative effect?
Kindly guide me through .
Thanks.

I don't know how much time they will take for the secondary processing but it can take months depending on how busy your local office is.

If they are already doing a secondary inspection, I think extra documents can only help rather than hurt.

 

[PUJA]

I don't know how much time they will take for the secondary processing but it can take months depending on how busy your local office is.

If they are already doing a secondary inspection, I think extra documents can only help rather than hurt.

Thanks Leon,for answering my questions.I ll send them few documents which I can.
Also I want to know ,
1.)in case I need to reapply,can it be done immediately after I hear the result of this application or should I wait ?
2.) I can still keep on living in Canada even if they do not send me the PR card?

 

[Leon]

Thanks Leon,for answering my questions.I ll send them few documents which I can.
Also I want to know ,
1.)in case I need to reapply,can it be done immediately after I hear the result of this application or should I wait ?
2.) I can still keep on living in Canada even if they do not send me the PR card?

1) In case you need to re-apply, I think you need to see what they have a problem with. If there is a certain time period that they doubt you were in Canada, it would not be wise to apply again using that period.

2) As long as they don't revoke your PR status, you are still PR and can continue living in Canada.

 

[PUJA]

Thanks Leon for finding time to write back.