PR card Expires before the 730 days required

[deepchiku]

Dear Sir / Madam,

This topic has been discussed umpteen number of times but very close to heart and important to get clarity as life time decision to move to Canada or not depends upon it.
My card is getting expired in June 2015. As of now I had only 7 days stay in Canada. As of now I am planning to move in September 2013 to Canada thus would be completing 730 days only in September 2015 ( That is after expiry of PR Card in June 2015)

1) Is it allowed ! I mean to say staying with Expired PR Card for 3 months !
2) Will it create problem in renewing the same !

Kindly give expert advise what should I do , should I move to Canada in September 2013 or forgo my sweet dream and stay back regretting the chance which I had missed.

Deepak

 

[zardoz]

1) Yes, you can stay with an expired PR card.
2) If you try to renew it before you meet the residency obligation requirements you run the risk of being reported.

Every day that you spend outside Canada increases your risk of losing your PR. You should return NOW and stay until you can meet the requirements. You are already at risk but you may be lucky and they will not report you at the POE.

This subject has been discussed to death in multiple threads. The answer doesn't change.

 

[deepchiku]

Dear Sir / Madam,

"You are already at risk but you may be lucky and they will not report you at the POE" I did not get it. Does it mean at POE ( Point of Entry) every time it is assessed and verified whether PR Card holder is in position to complete 730 days stay in Canada. If it is necessary requirement then there is no chance of being lucky I would be caught at POE itself.

 

[Leon]

Dear Sir / Madam,

"You are already at risk but you may be lucky and they will not report you at the POE" I did not get it. Does it mean at POE ( Point of Entry) every time it is assessed and verified whether PR Card holder is in position to complete 730 days stay in Canada. If it is necessary requirement then there is no chance of being lucky I would be caught at POE itself.

As you enter, immigration will ask you how long you were outside Canada. If you say more than 3 years, they know you will not meet the residency requirements so they will pull you out for an interview and ask about your situation. Depending on what you say, they may or may not report you. If you say you were taking care of your elderly sick parent or that you have been battling medical problems yourself, they may see mercy on you and not report you. If you say you were outside Canada because you had a really good job and made a bunch of money, they are more likely to report you.

If you lie and say you were outside Canada for say only 2 years but they see some stamps in your passport indicating something else or they see something on their computer that indicates otherwise, they will know you are lying and they may report you to make you prove that you are telling the truth or if they don't see anything, they might not report you.

If you are not reported, you will have the chance to stay in Canada for 2 years and bring your PR status back in good standing. There is no problem with your PR card expiring while you are in Canada. Nobody will ask about it.

If you are reported, you will be allowed to enter Canada and given the chance to appeal for your PR. During that time, you are still PR and have the rights of other PR. You will have to appeal with the mitigating circumstances that cause you to not meet the residency obligation and proof of those. If your reasons are good enough, they may grant you the appeal and let you keep your PR.

 

[RKA]

PR will be expired before 730 days while I plan to go abroad.

Hello, can I ask you for some advice, please?

This is the situation I'm in right now:
1. I'm a PR card holder (1st time), the card is issued on 30 July 2008, will be expired on 5 September 2013.
2. I arrived in Canada on 30 Sept 2011, have been living here ever since. The only time I've been into Canada is on 30 July 2008 (3 days) for the initial landing and to receive my PR card.
(that means I already missed the "less than 1095 days spent outside Canada" rule and missed the "730 days" rule by 22 days.)
3. I plan to go back to my country to attend my sister's marriage from 5 Sept 2013 - 10 Sept 2013.

As you can see, my PR card would've been expired by that time. What can I do to be able to re-enter Canada and retain my permanent resident status?

 

[Leon]

Re: PR will be expired before 730 days while I plan to go abroad.

Hello, can I ask you for some advice, please?

This is the situation I'm in right now:
1. I'm a PR card holder (1st time), the card is issued on 30 July 2008, will be expired on 5 September 2013.
2. I arrived in Canada on 30 Sept 2011, have been living here ever since. The only time I've been into Canada is on 30 July 2008 (3 days) for the initial landing and to receive my PR card.
(that means I already missed the "less than 1095 days spent outside Canada" rule and missed the "730 days" rule by 22 days.)
3. I plan to go back to my country to attend my sister's marriage from 5 Sept 2013 - 10 Sept 2013.

As you can see, my PR card would've been expired by that time. What can I do to be able to re-enter Canada and retain my permanent resident status?

If you are visa exempt, it's not hard. You just get on a plane without disclosing your PR status and when you arrive in Canada, you show your expired PR card and say you forgot to renew it. Make sure you take proof of having left on Sept. 5 like keep your boarding card. You can truthfully say that you were only gone for 5 days. You should not have a problem.

If you are not visa exempt, you have a problem. If you can get a US visa, you could fly to the US and from there rent a car and drive across the border. Same deal with expired PR card, only 5 days outside etc.

If you are not visa exempt and can not get a US visa, you have a big problem. Your only chance to get back to Canada would be to apply for a PR travel document and as you don't meet the residency requirements, they wont give you one.

 

[RKA]

Thank you for the reply, Leon.

So I'll be in a trouble then, my country isn't visa exempt. Is there any other way around? Is trying to renew the card a bad idea?

 

[zardoz]

If you try to renew, you alert CIC to the fact that you can't yet meet the residency obligation requirements.

The solution is simple.. Don't leave Canada, even for a wedding.

 

[RKA]

Thank you for the reply, zardoz.

Whelp, I actually tried to renew it recently, though it got returned because I missed one question. Am I going to be in trouble in the near future because of this?

 

[zardoz]

If it was returned, they probably didn't check it that closely.

 

[RKA]

I see, I hope that'll be the case then.
So, If I travel to my country before the PR card expires, there shouldn't be any problem, right? And I can still renew it as long as I meet the 730 days rule after 5 years, right?

 

[Leon]

I see, I hope that'll be the case then.
So, If I travel to my country before the PR card expires, there shouldn't be any problem, right? And I can still renew it as long as I meet the 730 days rule after 5 years, right?

If you travel and come back before it expires, especially if you keep proof that you were only gone for a short time, you shouldn't have a problem. After you come back, let it expire and make sure you do not apply to renew it until you have more than 730 days in the past 5 years before applying.

 

[RKA]

If you travel and come back before it expires, especially if you keep proof that you were only gone for a short time, you shouldn't have a problem. After you come back, let it expire and make sure you do not apply to renew it until you have more than 730 days in the past 5 years before applying.

Ok, duly noted. Thanks to you & zardoz for all the answers. Cheers.

 

[DVR]

Hi,

Can anybody help me with the below questions?

I am PR but not met the RO of 730 days. I am in Canada right now and was not reported at airport (Lucky !!!!). Now my PR card getting expired on 7th Oct 2013. I want to sponsor my daughter (3 years) and file PR application. Am I allowed to do that? or I will have to wait till completion of 730+ days and renew my PR and then only I can sponsor my daughter?

Please advise.

 

[Leon]

I am PR but not met the RO of 730 days. I am in Canada right now and was not reported at airport (Lucky !!!!). Now my PR card getting expired on 7th Oct 2013. I want to sponsor my daughter (3 years) and file PR application. Am I allowed to do that? or I will have to wait till completion of 730+ days and renew my PR and then only I can sponsor my daughter?

You do not meet the RO. Currently, immigration does not know that you do not meet the RO. If you apply to renew your PR card now or apply to sponsor your daughter, they will become aware of you and you will open yourself up to an investigation which could lead to the loss of your PR.