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PR Card Expired and I am living in the US

Batman1

Member
Aug 5, 2014
14
0
Hello Leon,
Firstly thank you for all of your efforts, and help you provide to help so many people on this Forum.

I need your help on my expired PR card, and what will be the fastest route and way to renew my PR card

Following are the details and timeline:
-6/2005 I Became Canadian Permanent Resident
-11/2012 My Permanent Resident card expired

My visits to Canada
-10/2013 I visited Canada using my America Passport (7 days)
-8/2015 I visited Canada to attend my wife's Citizenship ceremony using my American Passport (3 days)

Married a Canadian Permanent resident
-5/2014 - When I got married my wife was a PR card holder
-8/2015 - My wife became a citizen
Note: Since then my wife have been living with me in the US, and I can visit Canada anytime using my American passport.

Please advise what are my options:
Option 1: What can be done to renew my PR card? as this will be the quickest way and approximately how long will it take me to get a new PR card ?
-should I go to Canada and renew my card?
-Can I say I have been married to a Canadian Permanent Resident or Canadian Citizen?
-I work in the US and my wife lives with me in the US will these days count towards PR?
-Should I travel to Canada using American passport, and file my taxes and start working using my landing document and SIN number ?
-Should I got to Canada using my American passport and come back to US via road ?

Option 2: Applying for PR card based on spouse family sponsorship?
-how long will it take if I applied in ON ?
-How soon can I get work permit?

Leon appreciate your help and feedback in advance...
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
Pick any date you wish to sign the PR Card renewal application. For illustration lets go with today August 21, 2015. If you go back 5 years to August 21, 2010 (its actually Aug 22 but lets disregard this) do you and can you prove that you have 730 days of either:

1. Physical presence in Canada on your own
2. Physical presence in Canada on your own combined with any absence days from Canada where you lived with your spouse after she became a citizen. Disregard time spent abroad together where she was a PR unless she was in the military, diplomatic service or working for a Canadian employer (who employed her in Canada and transferred her to say the US).

If you don't have 730 days from either 1 or 2 (quick math says you don't) don't apply for a PR Card as you are in breach of the RO and once this comes to the attention of CIC you could run into problems and get reported. You may have to wait until you get the 730 days some date in the future. The key thing is to make sure you look at a 5 year period from the date you sign the PR Card renewal aka RO window.

As a USC you likely won't have any issues entering Canada since getting to the border is not a problem unlike say for a non visitor visa exempt passport holding PR who needs either a PR Card or a PRTD to use commercial transport to get to the border. At some point in time CBSA may ask where your PR Card is or about your absences from Canada but once you mention your Canadian citizen spouse they likely won't sweat you since trying to figure out the relevant timelines for a potential breach of the RO will be a bureaucratic hassle...nobody likes paperwork eh! You have the good fortune that Canada for some odd reason exempts PRs from the RO on absences from Canada grounds when accompanying a Canadian Citizen spouse...if this isn't the mother of all loopholes I don't know what is.