My PR card, which way to go forward?

[englishpatient2006]

- I immigrated to Canada in 2010 and PR card will expire in Nov/2015.
- During these 5 yrs, I flied back to HK and am not be able to fulfill the 2 yrs residencey obligations
- My wife and daughter already stayed in Canada for 3 years and most likely will qualify for citizenship in 2016
- Since my PR will expire soon, what should I do:
Option 1: let it expire without doing anything
Option 2: apply on humanitarian and compassionate ground to see if CIC will renew my card. My reason is I cannot get a job in Canada due to no Canadian experience and need to be back to Hong Kong to make money. My duaghter will graduate in 2 years time and hence my financial burden will be gone. Is this reason constitute compassionate and humanitarian?
Option 3: apply to renounce my PR status. If I renounce it, can my wife who become Canadian citizen next year sponsor me?

Anyone who is expertise in this area please advise.

 

[cempjwi]

- I immigrated to Canada in 2010 and PR card will expire in Nov/2015.
- During these 5 yrs, I flied back to HK and am not be able to fulfill the 2 yrs residencey obligations
- My wife and daughter already stayed in Canada for 3 years and most likely will qualify for citizenship in 2016
- Since my PR will expire soon, what should I do:
Option 1: let it expire without doing anything
Option 2: apply on humanitarian and compassionate ground to see if CIC will renew my card. My reason is I cannot get a job in Canada due to no Canadian experience and need to be back to Hong Kong to make money. My duaghter will graduate in 2 years time and hence my financial burden will be gone. Is this reason constitute compassionate and humanitarian?
Option 3: apply to renounce my PR status. If I renounce it, can my wife who become Canadian citizen next year sponsor me?

Anyone who is expertise in this area please advise.

Having a financial burden to educate your daughter will not constitute compassionate and humanitarian grounds. Compassionate and humanitarian grounds are difficult to achieve because you need to prove that you were precluded from returning to Canada and you remained abroad against your will. What do you do? Since you are saying that you are not going to stay in Canada there is no point in fighting a renewal as you really cannot use your two reasons for staying outside Canada (your daughter's education expenses and your lack chance of obtaining a job in Canada) as compassionate and humanitarian grounds. Your wife, by the way, does not need to wait until she is a citizen to sponsor you. If you let your card expire and do nothing you will not be able to have your wife sponsor you because technically you are still a PR, even after your card expires. This is because CIC does not know you have not met your residency obligation until you apply for a renewal, and that's when your PR status is cancelled. Therefore, your best option is to renounce your PR status to then have your wife sponsor you. Your wife's PR status does not change and she will have no issues applying for citizenship even if you let your PR card expire, you lose your PR status or if you renounce your PR status.

 

[englishpatient2006]

Many thanks for your kind advice.

I am just worrying if I renounce my PR, will such renouncement affect my duaghter and wife PR status in Canada or their application for citizenship next year? The reason is because when we apply for immigration to Canada, I am the principal applicant.

If I don't renounce my PR status and if i visit my family in Canada with an expired PR card, will Canada Border Services not allow me to go into Canada?

Look forward to your reply.

Thanks again.

 

[cempjwi]

Many thanks for your kind advice.

I am just worrying if I renounce my PR, will such renouncement affect my duaghter and wife PR status in Canada or their application for citizenship next year? The reason is because when we apply for immigration to Canada, I am the principal applicant.

If I don't renounce my PR status and if i visit my family in Canada with an expired PR card, will Canada Border Services not allow me to go into Canada?

Look forward to your reply.

Thanks again.

I am guessing you immigrated to Canada under FSW program. After landing each person's immigration status is treated separately. Your wife's or daughter statuses are not in jeopardy due to your change of PR status, nor it will change their ability to become citizens. However, if you try to renew, since you have not been in Canada much, it may be cause for CIC to think that you never intended to live in Canada and you became a PR just to bring your family to Canada, thus jeopardizing their PR status. Everything is possible with CIC.

An expired PR card cannot be used to enter Canada, in fact, an airline will not allow you to board a plane with an expired PR card.

If you are from a visa-exempt country you may want to use your passport alone to re-enter Canada as a visitor.

If you are from a visa-required country, unless your PR status has been cancelled/renounced you will not be able to obtain a tourist visa (TRV) to come to Canada. Please note that after you are no longer a PR of Canada (cancelled or renounced), a visa-required citizen will have a really hard time obtaining a TRV and when someone has a family in Canada it becomes even more difficult.

 

[Leon]

Option 1: That would be ok.

Option 2: No chance for a H&C grounds application based on those reasons. Plenty of people immigrate without Canadian experience and many of them have kids to feed too.

Option 3: Not necessary right now unless you need to apply for a visit visa. If you have a visa exempt passport, you can travel to visit your family using only your passport. When entering Canada, you show your expired PR card and if they ask, you tell them the truth. They may then want you to renounce your PR or report you for not meeting the RO but whichever they do, they will let you enter to visit. If you need a visit visa, you would have to renounce your PR before you can apply for it. Your wife can sponsor you for PR any time, even before she gets citizenship but if you continue to live outside Canada, you will just lose the new PR too. It is up to you.

Whatever you do will not affect the status of your wife / daughter. They are PR's in their own right. There is also no rule against principal applicants bringing their family to Canada and then leaving themselves.

 

[englishpatient2006]

Many thanks for all of your informative advice.

I read from this column and would like to confirm if the following is true:

With an expired PR card and not fulfilling residency obligation, if i somehow can get into Canada and lived there for 2 years (without leaving Canada) and then I can re-apply for a renewal PR card. During these two years, I can work and study just like any immigrant.

Many thanks for your kind advice.

 

[cempjwi]

Many thanks for all of your informative advice.

I read from this column and would like to confirm if the following is true:

With an expired PR card and not fulfilling residency obligation, if i somehow can get into Canada and lived there for 2 years (without leaving Canada) and then I can re-apply for a renewal PR card. During these two years, I can work and study just like any immigrant.

Many thanks for your kind advice.

In practice, it seems many employers will only ask for your SIN. This is probably because an expired PR card does not mean your PR status is gone. Some, however, will ask for your status in Canada right when employment is formalized (as it is not legal to ask for your status at any other time). To study you need to show your status in Canada - I am not sure how an expired PR cad will affect your ability to enroll; however, many schools will accept your COPR.

 

[kateg]

There is an option 4. Wait until your wife and child have citizenship, then enter (by land) and plead your H&C case.

You are still a P/R even if your card is expired. When you try to renew your card (or enter the border), they can then initiate a hearing to see if you get to keep your status.

Yes, you can be sponsored at that point. When you hit the border, you have a strong case to be made for family reunification. If the officer chooses to initiate removal proceedings, your wife can sponsor you, and you can stay while you appeal.

The officer may not bother reporting you if you will just become a P/R again anyway, particularly if you are here to return permanently. If you get lucky, he tells you to not do it again, lets you in, and you're good to go. Wait two years, renew the card. If you don't get lucky, you can then be sponsored. It will take a while to process, but in the meantime, you can apply for an open work permit:

http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp