Permanent Resident Card Renew issue
- Thread starter zamsid
- Start date
I am U.S. Citizen. but staying and working in canada legally without P.R. Card. suppose If I travel to U.S., they will ask what do you do in U.S. since I am U.S. Citizen? I can't prove that I am living in the U.S. if I tell them that I m living in canada, they will ask, on what basis are you staying? i will to say, i am immigrant, they will ask for prove which I dont have P.R. Card. There is nothing to be confuse about, if you are living in a canada, you need to prove it.robfis said:
You can leave Canada without a problem. If you are a US citizen, you can enter the US without a problem. You can leave the US without a problem. The only thing that might be a problem is entering Canada again.
If you say that your PR card is in the process of being renewed and they have a note in their computer of you entering before without a PR card, they might be ticked off and they might give you a hard time but I think with landing papers, they can not refuse you entry because you are still a PR. Even if they would like to revoke your PR for some reason, they can not do it on the spot. They would have to let you in and give you a chance to appeal at the very least.
Another thing:
Here is a quote from the operational manual on Port of Entry Examinations. You should read it if you want to know your rights.
If you say that your PR card is in the process of being renewed and they have a note in their computer of you entering before without a PR card, they might be ticked off and they might give you a hard time but I think with landing papers, they can not refuse you entry because you are still a PR. Even if they would like to revoke your PR for some reason, they can not do it on the spot. They would have to let you in and give you a chance to appeal at the very least.
Another thing:
Note that it says commercial carrier. This implies that if you are entering by private vehicle or on foot, you wouldn't need one.http://www.cic.gc.ca/english/information/pr-card/index.asp said:
Here is a quote from the operational manual on Port of Entry Examinations. You should read it if you want to know your rights.
http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf - page 34 said:
Zamsid, traveling with the US passport is not a problem. From the US point of view you can go anywhere you want, whenever you want and return back whenever you want. It's your right as a US citizen.
Canada will allow you in also, because you don't need a visa to visit Canada.
The issue here is whether when you enter Canada they know that you are a resident or not (that counts for the 730 days PR status obligation). You already traveled to Canada, did they know that you were Canadian PR just by checking your US passport?
Robert
Canada will allow you in also, because you don't need a visa to visit Canada.
The issue here is whether when you enter Canada they know that you are a resident or not (that counts for the 730 days PR status obligation). You already traveled to Canada, did they know that you were Canadian PR just by checking your US passport?
Robert
My wife's PR card problem
Hi Everyone!
I am writing on behalf of my wife.
My wife holds a PR card which will expire next month. We are now here in Canada to renew her PR. Prior to our marriage, my wife was religiously coming to Canada pay her taxes until the time she sets up her own company in 2008, she didn't visit Canada.
To be honest, my wife didn't have any plans to renew her PR card because marrying was not part of her plan until we got married. I have known her for more than 15 years already! I didn't even know that she is a PR of Canada until she told me. We discussed the matter thoroughly about her PR status and we came into consensus that we will move to Canada and start our new life here, sell our assets and put up our own business here.
By the way, I forgot to tell you that we are here now and just arrived yesterday to renew her PR card. Upon arrival, we were asked by the immigration officer to go to the second screening and there my wife was told that she will lose her PR card which will expire next month.
What shall we do? Is her busyness in her because could be an excuse for not religiously coming to Canada as stated in the rules and regulation? Is the Canadian government really that strict and legalistic that one has to follow to the letter the R&R in having a Canadian PR card.
We plan to go to the immigration tomorrow to renew her PR card. Will she have a chance to renew her PR card? I told her that we will be honest. The reason why she wants to renew her PR card is to start our life together here in Canada. Anyway, I told her that if it's not renewed, so be it. maybe GOD has another plan for us.
I will appreciate feedback from the other members of this forum.
Cheers!
Hi Everyone!
I am writing on behalf of my wife.
My wife holds a PR card which will expire next month. We are now here in Canada to renew her PR. Prior to our marriage, my wife was religiously coming to Canada pay her taxes until the time she sets up her own company in 2008, she didn't visit Canada.
To be honest, my wife didn't have any plans to renew her PR card because marrying was not part of her plan until we got married. I have known her for more than 15 years already! I didn't even know that she is a PR of Canada until she told me. We discussed the matter thoroughly about her PR status and we came into consensus that we will move to Canada and start our new life here, sell our assets and put up our own business here.
By the way, I forgot to tell you that we are here now and just arrived yesterday to renew her PR card. Upon arrival, we were asked by the immigration officer to go to the second screening and there my wife was told that she will lose her PR card which will expire next month.
What shall we do? Is her busyness in her because could be an excuse for not religiously coming to Canada as stated in the rules and regulation? Is the Canadian government really that strict and legalistic that one has to follow to the letter the R&R in having a Canadian PR card.
We plan to go to the immigration tomorrow to renew her PR card. Will she have a chance to renew her PR card? I told her that we will be honest. The reason why she wants to renew her PR card is to start our life together here in Canada. Anyway, I told her that if it's not renewed, so be it. maybe GOD has another plan for us.
I will appreciate feedback from the other members of this forum.
Cheers!
The idea of having permanent residency somewhere is to live there. No country that I know of will let you keep PR forever if you do not live there. In Canada, it used to be 6 months you could be away in a year before you'd lose it. They changed that back in 2002 or 2003 and now their rules are among the most relaxed in the world, that is, you only have to stay in Canada for 730 days total in any 5 year period. That is less than 50% of the time and you can either do that all in one go and then be away for 3 years or you can do it with short stays.
This is simply a case of PR not being very important to your wife in the last few years and so she did not keep up with her residency requirements and now that she has decided that it is important, it might just be too late.
What is your status in all this? If you are a Canadian citizen, her PR would be protected for living with you in another country. If you are a PR whose PR is protected because you are working for a Canadian employer, same thing. If you are neither, there is a problem.
What she could do is wait it out in Canada and see if the immigration officer has reported her. If they decided not to, she could stay in Canada for the next 2 years without trying to renew her PR card and with that she would meet the residency requirements again. If they did report her or if she does apply to renew her PR card, her PR status would come into question. They would see that she did not spend 730 days in Canada in the past 5 years and so there is a question of humane and compassionate reasons why she couldn't meet the residency requirements but should still be allowed to keep her PR. That could be something like having to stay away to take care of a sick relative but staying away because of a job or because she was running a business would not be accepted as a good reason.
You can still try it if you want to. You can not apply to renew the card at the immigration office, you must fill out a form and mail it in, see http://www.cic.gc.ca/english/information/pr-card/apply-how.asp The processing time is now around 4 months but if you need it faster, you can go to the bottom of that page and follow the instructions there. If she doesn't have 730 days though, I do not think it will be fast. If she leaves during the processing time, that would negatively affect her application, that is if she makes a case that she is back to stay and wants her PR card but then they see she has left already, it would not look good.
This is simply a case of PR not being very important to your wife in the last few years and so she did not keep up with her residency requirements and now that she has decided that it is important, it might just be too late.
What is your status in all this? If you are a Canadian citizen, her PR would be protected for living with you in another country. If you are a PR whose PR is protected because you are working for a Canadian employer, same thing. If you are neither, there is a problem.
What she could do is wait it out in Canada and see if the immigration officer has reported her. If they decided not to, she could stay in Canada for the next 2 years without trying to renew her PR card and with that she would meet the residency requirements again. If they did report her or if she does apply to renew her PR card, her PR status would come into question. They would see that she did not spend 730 days in Canada in the past 5 years and so there is a question of humane and compassionate reasons why she couldn't meet the residency requirements but should still be allowed to keep her PR. That could be something like having to stay away to take care of a sick relative but staying away because of a job or because she was running a business would not be accepted as a good reason.
You can still try it if you want to. You can not apply to renew the card at the immigration office, you must fill out a form and mail it in, see http://www.cic.gc.ca/english/information/pr-card/apply-how.asp The processing time is now around 4 months but if you need it faster, you can go to the bottom of that page and follow the instructions there. If she doesn't have 730 days though, I do not think it will be fast. If she leaves during the processing time, that would negatively affect her application, that is if she makes a case that she is back to stay and wants her PR card but then they see she has left already, it would not look good.