Minor PR Renewal

[dutsub]

Hi Leon

Now that my kids are enrolled in Canadian schools and actually living in Canada, but they have not yet fulfilled their residency obligation of 730 days, one of them is a minor and the other is 19 yrs, can I lodge their PR renewal application. If so, would I have to sign in the application as father or my eldest son who is 23 yrs of age can sign and submit the application. Will there be any risk? If no problem, how long will it take for the PR card renewal.
Also, as parents we will visit them now and then. Our PR card has expired but we can travel under Visa Waiver program. Will this help to continue our residency? Is it mandatory by law to produce our expired PR Card to CBSA at airport.

I heard people entered CAnada with expired PR card after 12 years of Expiry, courtesy kind CBSA officer at airport who closed his eyes for a genuine cause.Then he lived two years to renew his PR.

Appreciate your response.

Regards

 

[Leon]

PR renewal applications where somebody hasn't met the residency requirements even if they have H&C grounds, are likely to take extra long and frankly, I would rather try to avoid renewing their PR cards until they meet the RO. You can discuss the matter with an immigration lawyer to see if they think it is a safe thing to apply now and how long they think it will take. A normal PR renewal takes around 100 days right now.

If you decide to apply for their renewals at this time, a signature of a parent or guardian is only required if the applicant is under 18. If you have given your oldest son a legal document giving him guardianship of the minor child, he can sign the form. Otherwise, you can print it out and sign it and mail it to him to mail from inside Canada. If your son signs the form, he should include a copy of the guardianship document. If you sign it, your kid should include a copy of his birth certificate naming you as the parent.

You can visit if you want. If you are visa exempt, you do not have to show your PR card. If the immigration officer asks if you are a PR, they may tell you that you have lost your status, they may report you for not meeting the RO or they might offer you to renounce your status but it is not certain that any of this will happen. If it never happens and you keep being able to visit without a problem, you could at some point decide to stay on and revive your PR status by staying for 2 years as long as the rules concerning that remain the way they are now. Settling without a valid PR card, you would likely have problems getting a drivers license and a health card.

 

[Msafiri]

dutsub,

What is the reason for your absences from Canada such that you are in breach of the Residence Obligation? This will clarify whether going for H&C grounds for renewal is an option. Its always better to have 730 days. Why do your kids need PR Cards? Is there any intended travel? How many days is the shortfall to 730?