Not Fullfilling Residency Obligation For PR Renewal
- Thread starter Helu
- Start date
Leon said:
Hi Leon,
I keep reading all your replies which help me to decide a solution for my issues.
I have one question please if you can answer,
What happens if my PR card expires and I am out of country and have not completed residency obligation (of 730 days) (But just completed Landing formalities), will they still allow me to come back if i decide to come?
I will appreciate your reply.
Hi,riyarose said:
there are several possible scenarios in that case.
1) You are visa exempt to Canada.. you book a flight, fly with your passport and at the airport as you land, you: 1a.) show your expired PR card and say that you are a PR or 1b.) don't show your PR card and see if they let you in as a visitor.
2) You are not visa exempt to Canada but you have a visa to the US.. you go to the US, rent a car, drive across the land border and show your expired PR card when you enter.
3) You are not visa exempt to Canada and you can't get a visa to the US.. you will be forced to apply for a PR travel document at a Canadian embassy in order to ask permission to return.
The possible consequences: 1) and 2), if they realize that you are a PR who doesn't meet the residency requirements and although they must allow you to enter Canada, they can report you. This is up to the immigration officer. If they report you, you would lose your PR unless you appeal for it. Winning or losing the appeal depends on why you were unable to meet the RO and if you could sufficiently prove these reasons. For example, if you were taking care of your dying relative and therefore could not return and you can prove this with medical reports, doctors letters etc., you would have a good chance at winning an appeal. If you however stayed outside Canada for studies or a job, you have a slim chance. During the appeal processing, you may stay in Canada as a PR and you may even renew your PR card for a year at a time. The processing can take 1-2 years from what I've heard but this time will not count towards your RO if you lose the appeal.
In the case that you don't get reported, you would simply have to lay low for 2 years, not leave or apply for anything from immigration and you would automatically bring your PR status back into good standing once you have your 2 years. However, living in Canada without a valid PR card for 2 years can also cause problems. Many authorities see a PR card as your proof of valid PR status and so you could face problems getting a drivers license, getting a health card, enrolling in college and some employers may even ask for it before they will give you a job.
In the case of 3) it will already be decided before you even get to enter Canada if your reasons for not meeting the RO were good enough that they will allow you to keep your PR. If they refuse the travel document, you can appeal but if you lose the appeal, you lose your PR. If your travel document is granted, you can return to Canada and apply for a PR card renewal based on having been granted that travel document.
Having lost your PR, you can of course apply again if you qualify.
If you want to keep your PR, I would first of all recommend that you try to meet the RO.
If you are already unable to meet the RO, I would not recommend staying outside Canada until your PR card expires. With a valid PR card, it is possible that you can sail through immigration without them suspecting that you don't meet the RO but if you enter with an expired card, even if you are visa exempt, they will take a closer look. And of course as in 3) if you are not visa exempt, can not get a US visa and your PR card is already expired, you don't even get the chance to try entering, the embassy will already decide for you based on your application. Trying to enter rather than applying for a TD is always better because there is the chance that the immigration officer decides not to report you in which case you can stay your 2 years and put your PR status back in good standing.
Hi
1. You can probably add one more scenario if the OP is visitor visa exempt is when the ETA comes into effect for visitors. If a PR who hasn't met their PR obligations decides to fly to Canada as visitor, it most likely that when they apply for an ETA that it pops up that they have/had PR status. I would think at that point the ETA would be refused boarding and they would then be forced to apply for a TD.Leon said:
In that case, you have nothing to worry about as you can be outside Canada for up to 3 years without losing your PR.riyarose said:
As for the loophole of keeping your PR even if you were outside longer if you manage to enter without being reported, it is there right now but you can not count on it being like that forever. They may decide to close it at some point and in that case, if you had purposely stayed outside more than 3 years, you would lose your PR.