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PR card Expires before the 730 days required

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Hi Msafri,

I have a similar question. It will be great if you could answer my questions:

We applied for PR in 2014 and we got our PR cards in 2015.

I and my elder son have validity till Sept 2020 and whereas my husband has validity till Feb 2021. We didnt move to Canada immediately. We stayed for 3 weeks in July 2015 in Canda and went back to India.

Now we intend to move back to Canada:
1) Our younger son was born in Jan 2017 and he does not have a PR yet. Imagine I or my husband plans to move to Canada next year say 2019 June. What are the chances of immigration officer reporting our case that we dont comply to our residency obligation?
If my husband enters Canada in June 2019 and he will be short of residency obligation by 4 months. What kind of questions are asked?
2) Also what if he applies for my younger son's TRV or TRP after he enters Canada in July 2019, will there be any PR review?
PR card validity is irrelevant.

1. Being out of Canada for 4 years, you are likely to be reported.

2. No. However, you cannot sponsor the child without meeting the RO.
 

sharedknowledge

Hero Member
Nov 30, 2012
446
11
I would think, and others may correct me, but probably the best chance would be for your kids to apply for a PRTD as soon as they turn 18 under H&C, if your primary concern is their PR. If you loose your PR now, they will loose theirs as well, particularly since it doesn't sound like you have any H&C grounds.
To keep the PR status so that the kids can benefit from it, I guess he should not attempt to get PRTD or anything from IRCC.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
To keep the PR status so that the kids can benefit from it, I guess he should not attempt to get PRTD or anything from IRCC.
PR status is individual, even for children. A parent can apply for their own PRTD and the result will not impact their child's status.
 

amro1001

Newbie
Nov 12, 2018
9
0
If I did not get into canada before mid Feb 2019 I will not be able to meet the 730 days out of the 5 years requirment..my card will expire Sep 2020.

Now, my father is 81 years old, and my mother is 76 years old and she done couple for operations last 2 years.... I have job now outside of canada.... the siutation of my parents is enough as execuse If I do nto meet the obligation of 730 days?
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,419
If I did not get into canada before mid Feb 2019 I will not be able to meet the 730 days out of the 5 years requirment..my card will expire Sep 2020.

Now, my father is 81 years old, and my mother is 76 years old and she done couple for operations last 2 years.... I have job now outside of canada.... the siutation of my parents is enough as execuse If I do nto meet the obligation of 730 days?
I guess you always try H&C but given your father was already 78 and your mother 73 assuming you landed around July 2015 there was almost some certainty you might be faced with a family priority. Add to that you have a job as well outside of Canada which might question your intentions to have settled permenantly since your initial Landing.

Others can comment as well but you need to think about a solid case, medical records , proof you are sole family member who can take responsibility. Basically keep lots of proof, no guarantees of anything unfortunately and returning post feb 2019 you could get reported leading to losing your PR status.

Is an unfortunate scenario with immigration that people with aged parents tend to not think about too much but reality then hits them. Good luck.
 
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Nitiar

Full Member
Nov 14, 2018
29
0
In need of help regarding pr card expired, My parents pr expired in 2008. They have been out of Canada since 2006 due to my dads father passing away then my mothers mom passed away as well in 2008 so they weren’t able to come to Canada. My dad had an open heart surgery in 2009.They had applied to renew they’re pr card outside Canada but were refused as they only had 726 total. They have all the documents proof with all the issues they had. If they were to come through USA border can they let them in and deal with immigration after. Thanks
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
In need of help regarding pr card expired, My parents pr expired in 2008. They have been out of Canada since 2006 due to my dads father passing away then my mothers mom passed away as well in 2008 so they weren’t able to come to Canada. My dad had an open heart surgery in 2009.They had applied to renew they’re pr card outside Canada but were refused as they only had 726 total. They have all the documents proof with all the issues they had. If they were to come through USA border can they let them in and deal with immigration after. Thanks
You mention things that happened 9-10 years ago. What H&C grounds did they have since then? It is doubtful that they had valid grounds for the entire time, so they were probably properly refused. A negative RO determination starts proceedings to revoke PR status. They can appeal but without grounds, it will be refused. They can enter Canada at a land border while the appeal is ongoing but if and when they lose, they will be ordered to leave.
 

canuck78

VIP Member
Jun 18, 2017
55,295
13,432
In need of help regarding pr card expired, My parents pr expired in 2008. They have been out of Canada since 2006 due to my dads father passing away then my mothers mom passed away as well in 2008 so they weren’t able to come to Canada. My dad had an open heart surgery in 2009.They had applied to renew they’re pr card outside Canada but were refused as they only had 726 total. They have all the documents proof with all the issues they had. If they were to come through USA border can they let them in and deal with immigration after. Thanks

When was there renewal refused? Did they appeal?
 

Nitiar

Full Member
Nov 14, 2018
29
0
No they didn’t appeal, will it be better if they give back the pr or try to come back from USA. When they send the request for the renewal they also submitted the reasons why they couldn’t make it back to Canada
 

Nitiar

Full Member
Nov 14, 2018
29
0
You mention things that happened 9-10 years ago. What H&C grounds did they have since then? It is doubtful that they had valid grounds for the entire time, so they were probably properly refused. A negative RO determination starts proceedings to revoke PR status. They can appeal but without grounds, it will be refused. They can enter Canada at a land border while the appeal is ongoing but if and when they lose, they will be ordered to leave.
Thanks for reply I’m not sure what you mean when you say H&C ground???
 

dpenabill

VIP Member
Apr 2, 2010
6,421
3,163
In need of help regarding pr card expired, My parents pr expired in 2008. They have been out of Canada since 2006 due to my dads father passing away then my mothers mom passed away as well in 2008 so they weren’t able to come to Canada. My dad had an open heart surgery in 2009.They had applied to renew they’re pr card outside Canada but were refused as they only had 726 total. They have all the documents proof with all the issues they had. If they were to come through USA border can they let them in and deal with immigration after. Thanks
No they didn’t appeal, will it be better if they give back the pr or try to come back from USA. When they send the request for the renewal they also submitted the reasons why they couldn’t make it back to Canada
It appears they NO LONGER have PR status. And thus it is likely they are now Foreign Nationals. The in-fact, practical procedure is a bit obscure when an application to renew a PR card is denied, and there may be variations in particular cases (if, for example, the applications were returned without being processed rather than a formal decision made that they were not in compliance with the PR Residency Obligation), so it is NOT certain the denied PRC application has resulted in the termination of their PR status, but that is likely; that is, if their PRC applications were denied, they most likely are NOT PRs now.
 
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amro1001

Newbie
Nov 12, 2018
9
0
I should meet Resideny requirment before the expiry date of the PR card right? or I should meet the requirments within the 5 years after my landing date?

because my PR is valid for 5 years and 3 month!