William.O said:
Hi, I have made a post on the forum before asking what I needed to do to renew my PR card.
I was told that I could renew my PR card using a PRTD to get into Canada.
Now that I'm reading everything again on the cic website I am confused by these lines:
-If you have been a permanent resident for five (5) years or more
you must have been physically present in Canada for a minimum of 730 days within the five (5) years immediately before you apply for a PRTD.
-If you have been a permanent resident for less than five (5) years
you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.
what do they mean by this? I have lived in Canada almost 4 years so does the bottom apply for me?
Or the top one because I got my PR card in 2002 and it expired in 2007?
If anyone could help me with this it would be very usefull.
Thanks,
William
William.O said:
Thank you for the anwsers.
If I get a PRTD, how much time will I have between getting the PRTD and moving to Canada and applying for a new one?
And for context:
William.O said:
Hello, my name is William. I'm 19, I live in Belgium and I am close to finishing highschool as a graphic designer.
When I was 6 me and my dad moved to Canada, we lived there and I went to school there for 3 years until we came back to Belgium.
Now that I've almost finished high school I would like to go back to Canada to live and work there, I have a PR card but its been expired for 10 years.
I would like to know what I have to do to be able to live there again, I don't know if I can renew the PR card or if I need to get a new one since I haven't lived there for 10 years.
Thanks in advance.
You have been a Canadian PR for approximately fourteen years, way longer than five years. So, for you, as of today, compliance with the PR Residency Obligation is based on your presence in Canada between August 21, 2011 and August 20, 2016. If you apply for a PR Travel Document August 29th, the relevant time period will be August 20, 2011 to August 28, 2016.
Obviously you have not complied with the PR Residency Obligation during that time period.
Thus, for purposes of applying for a PR TD or to be issued a PR card, you will need to make a H&C case explaining reasons why you have not returned to Canada sooner, reasons sufficient for IRCC to, in effect, waive the breach of the PR RO based on a finding you deserve to retain your PR status.
Given your age, and just graduating from high school, there is probably a good chance you will be allowed to retain PR status. However, the sooner you go through the process the better. Moreover, it is probably better to approach this by applying for a PR TD, making the H&C case in that application (emphasizing both that you did live in Canada three years prior to being taken abroad by a parent and that you have just come of age, including just graduating from high school).
Assuming your application for a PR TD is granted on the basis of H&C reasons, my understanding is that this Travel Document is typically valid for six months. This would give you six months to make the move.
The sooner the better, however, if you plan to apply for a new PR card soon . . . which you will probably need to do in order to get a SIN (for working in Canada), health care coverage, and other things like a drivers license. However, the timeline it will take for obtaining the new PR card is largely an unknown. Routine applications typically take a number of months (varies from time to time, typically ranging between two and four, sometimes longer).
There are other options for coming to Canada, assuming you have a visa-exempt passport, but the better option given your situation is probably to make a PR TD application and being sure to explain and document your H&C case.
You could, for example, come to Canada as if to visit (with some risk for being reported at the PoE), and once in Canada stay. And if you just stay for two years you will then be in compliance with the PR RO and eligible to apply for a PR card. But again it appears you might not have a SIN and you will need one to work, and to obtain the SIN you need a PR card. Similarly for health care coverage.
If you visit and then stay, you could soon apply for a PR card based on H&C reasons. We do not know how long that will take. My guess is that application is likely to take significantly longer than it would take to process the PR TD application based on H&C reasons. (Application process for PR card should be faster if you have first been given a PR TD based on H&C reasons.)
If you have other family in Canada, be sure to include this information in the H&C case, whether you make the H&C argument in a PR TD application or when applying for a PR card.
If you were to attempt coming as if to visit (based on a visa-exempt passport), you have a good chance of being able to board a flight to Canada if you come before September 29. After September 29 you would need to travel via the U.S. and cross the border into Canada in a private car. But, the better approach is to apply for the PR TD anyway.
