PR card Expires before the 730 days required

[evdm]

Hello

My parents PR card will expire in this August and uptill now they have only lived here for 10 months. Living here for continuely 02 years is the only option to renew their PR card but due to some urgenecy they want to go back to home country before this winter. Now my question are

what are our options to renew their PR card
if they overstay here once their PR will it impact their renewal application

The expiration date on their PR card is completely irrelevant. Forget it, don't even bother looking at it. A PR cannot overstay, even if the card is no longer valid as a travel document, their status is still that of a PR. Think of it as if it were a passport. Once it expires you do not cease to be a citizen of that country. The same is true for the PR Card. Once it expires, the person still is a PR.

When did your parents become PRs?
Counting back from today, how many days have your parents spent in Canada in the last 5 years?
If your parents have not spent more than 730 days in Canada in the last 5 years then they are in breach of the Residency Obligation and they should not have any interaction with CBSA, IRCC, or a Visa Office. An examination by any of these agencies could lead to an officer reporting your parents in violation of the residency obligation.

This means that they cannot apply for a new PR Card, PRTD, or enter Canada without being sure that they are compliant, and the officer will determine their compliance based on the 5 years immediately preceding the application. I.e. if your parents were to arrive back in Canada in March of 2019, only time spent in Canada between that day in March in 2014 and 2019 would count.

Applying for a new PR card without meeting the residency obligation will also likely start the process for IRCC to revoke the status.

Your parents will have a decision to make; stay in Canada to be able to maintain their status, or leave and risk the status being revoked when they return, or apply for new documents. Even with that being said, if they only barely meet the RO, they may still face an uphill battle to convince IRCC that they are in compliance as the burden of proof lies with your parents.

 

[kimiarun]

Hi All,

This could be a repeated question from many .I have a doubt on 730 days calculation for PR renewal and as well as entry into Canada after 3rd anniversary for the below scenario

PR first landing was in July 1st 2015 (PR Card expiration is September 8th 2020) and left Canada soon after completing the PR formalities.For personal reason we could not come back immediately.
Total number of days spent so far is only 10.
Now we are trying to get back with Job offer and settling permanently in July mid or august begining.
Our Questions are:
1.Will it be possible to enter inside Canada post 3rd anniversary of landing or any risk involved ?
2. 2 yrs out of 5 yrs calculated based on landing or expiry date
3.if we are allowed to enter ,how is the renewal process is going to be ? Do we need to prove the 730 days of stay in Canada by submitting the relevant documents (Boarding cards,employment start date ,tax papers or lease etc) or CIC can calculate based on our in and outs ?

Appreciate for your answers.

 

[evdm]

If you landed on July 1 2015 and only spent 10 days in Canada, you must arrive again before July 10 of this year to be able to comply with the RO.

Otherwise, just read what I said in the post directly above yours as it applies to you too.

If you're able to enter Canada without being reported you may not leave for any reason, until you are in compliance.

The sooner you can come to Canada, the better.

 

[kimiarun]

If you landed on July 1 2015 and only spent 10 days in Canada, the you must therefore arrive again before July 10 of this year to be able to comply with the RO.

Otherwise, just read what I said in the post directly above yours as it applies to you too.

If you're able to enter Canada without being reported you may not leave for any reason, until you are in compliance.

The sooner you can come to Canada, the better.

Thanks ecdm for your reply.

 

[mwaqasurrehman]

Dear Fellows,

I have valid PR card till August-2020, but unfortunately due to some personal circumstances I will only able to permanently move in March-2019. As per that I'll only spent approx. 1 & half year with valid PR card wihin Canada.

Based on my condition I would like to know whether I still be able to renew my PR card in March-2021 after staying for 2 years (1& half year with valid PR card & 6 months with PR card expiry) in Canada or not?

From multiple posts it seems it will be possible but I just would like to have reconfirmation, also it would be great if I can have any official reference in this regard.

Thank you,

Best Regards,
Waqas

 

[evdm]

@mwaqasurrehman

First, two questions:

1. When did you become a permanent resident, i.e. when did you complete your landing?
2. How much time have you spent in Canada to date?

If you landed less than 5 years ago, then you must count all the days you've been in Canada so far and add them to the days that are remaining till the 5-year anniversary from the date of your landing. If that sum is less than 730 you are already in breach of your residency obligation and you risk being reported when you enter Canada in 2019. Being reported will likely lead to the revocation of your PR status.

If you landed more than 5 years ago, you need to count the days in the last 5 years that you have been in Canada. If this is less than 730 you are again in breach of your Residency Obligation already. You again risk losing your PR status.

If you are in breach of the Residency Obligation and you don't get reported when you enter Canada; you must stay in Canada for at least 730 days before you have any interaction with CBSA (border guards) or IRCC. This means that you cannot apply for a new PR Card or anything else to do with immigration until you are in compliance with the residency obligation.

 

[Asphyx24]

Hi Questions for All Wise

My parents landed on November 2013 and their PR card expires on November 2018. They have only completed 14 months of the required 24 months and they are in Canada right now. Reading the thread is it true that the PR card Expiration date doesn't mean loss of PR status and they would have to leave the country immediately in November 2018? They can overstay let say another 12 month till November 2019 and apply for PR card renewal even if the PR card has expired in November 2018. Or Even stay till November 2020 and apply for citizenship or you need to have an active PR card for that.

Thanks in advance for your information.

 

[dpenabill]

Hi Questions for All Wise

My parents landed on November 2013 and their PR card expires on November 2018. They have only completed 14 months of the required 24 months and they are in Canada right now. Reading the thread is it true that the PR card Expiration date doesn't mean loss of PR status and they would have to leave the country immediately in November 2018? They can overstay let say another 12 month till November 2019 and apply for PR card renewal even if the PR card has expired in November 2018. Or Even stay till November 2020 and apply for citizenship or you need to have an active PR card for that.

Thanks in advance for your information.

Being now in Canada they are OK, their PR status is OK, as long as they stay in Canada going forward long enough to be in compliance with the PR Residency Obligation (which now and going forward will depend on being in Canada 730+ days within the preceding five years, the preceding five years as of the day the calculation is done).

There is no "overstay." They are PRs and continue to be PRs, and the expiration of the PR card has nothing to do with that.

A PR in Canada does not need to obtain a new PR card. It will be a good idea to apply for and obtain new cards AFTER they have stayed for two plus years, but it is NOT necessary.

Similarly when it comes time to apply for citizenship: it would be a good idea to apply and obtain a new PR card but it is not necessary (just might make the process go a little smoother).

To be clear, they should wait to apply for new PRCs until AFTER they have been in Canada long enough to easily be in compliance with the PR RO . . . that is, a margin more than 730 days within the five years immediately preceding the date they apply for new PRCs.

 

[sd1010]

Hi,
My parents (83 and 75 years old) landed in June 2014. So far they have been in Canada for a total of 15 months and they intend to stay for the long term in Canada. Their PR card expires in July 2019 and by June 2019 (5 years from landing) their total presence in Canada will be 23 months. Their last entry to Canada was Sep 2018.
Since they don't want to lose residence in a third country (other than their home country and Canada), they need to visit that country every six months for a few days until they get their Canadian citizenship. Based on what I have understood reading government websites and this forum, I see 3 options for them (please help me double check of my arguments)

1) apply for renewal now.
Pros: my parents find out sooner rather than later if they can renew their PR using H&C. My dad was diagnosed with cancer and went through radiotherapy/surgery while he was outside Canada and that took about 6 months or so. And like most in their age, it takes them a lot of time to make decisions (including where to live for the next several years)
Cons: Government may not accept their H&C reason and they may lose their PR status and need to leave Canada
2) apply for renewal around Nov 2019. During Nov 2014 to Nov 2019, they plan to have more than 24 months of stay in Canada.
Pros: even though their PR card will be invalid then, they can get their PR renewed and won't risk losing their PR status
Cons: since they still need to get out of the country before June 2019, they may get reported for violation of RO upon entry. If this happens, will they be allowed to enter Canada and stay until they satisfy RO, or will they be returned upon arrival?
3) give up residence in the third country and stay in Canada until Nov 2019 to renew their PR. This is just a theoretical option. Currently they cannot give up residence in that country.


Please advise. Do they any other options than above? If not, between options 1 and 2, is there one that allows them to keep their PR status?

Thanks very much for your time and help.

 

[canuck_in_uk]

Hi,
My parents (83 and 75 years old) landed in June 2014. So far they have been in Canada for a total of 15 months and they intend to stay for the long term in Canada. Their PR card expires in July 2019 and by June 2019 (5 years from landing) their total presence in Canada will be 23 months. Their last entry to Canada was Sep 2018.
Since they don't want to lose residence in a third country (other than their home country and Canada), they need to visit that country every six months for a few days until they get their Canadian citizenship. Based on what I have understood reading government websites and this forum, I see 3 options for them (please help me double check of my arguments)

1) apply for renewal now.
Pros: my parents find out sooner rather than later if they can renew their PR using H&C. My dad was diagnosed with cancer and went through radiotherapy/surgery while he was outside Canada and that took about 6 months or so. And like most in their age, it takes them a lot of time to make decisions (including where to live for the next several years)
Cons: Government may not accept their H&C reason and they may lose their PR status and need to leave Canada
2) apply for renewal around Nov 2019. During Nov 2014 to Nov 2019, they plan to have more than 24 months of stay in Canada.
Pros: even though their PR card will be invalid then, they can get their PR renewed and won't risk losing their PR status
Cons: since they still need to get out of the country before June 2019, they may get reported for violation of RO upon entry. If this happens, will they be allowed to enter Canada and stay until they satisfy RO, or will they be returned upon arrival?
3) give up residence in the third country and stay in Canada until Nov 2019 to renew their PR. This is just a theoretical option. Currently they cannot give up residence in that country.


Please advise. Do they any other options than above? If not, between options 1 and 2, is there one that allows them to keep their PR status?

Thanks very much for your time and help.

1. Will likely result in refusal and loss of PR status, as they have no H&C grounds to explain the other several years in which they failed to meet the RO.

2. If they are able to re-enter without being reported, they can apply once they have met the RO. If they are reported, they will have 30 days to appeal; as they have no H&C grounds for failing to meet the RO, they can expect their PR status to be revoked and to be told to leave Canada.

3. If it is theoretical, why mention it?

 

[scylla]

Hi,
My parents (83 and 75 years old) landed in June 2014. So far they have been in Canada for a total of 15 months and they intend to stay for the long term in Canada. Their PR card expires in July 2019 and by June 2019 (5 years from landing) their total presence in Canada will be 23 months. Their last entry to Canada was Sep 2018.
Since they don't want to lose residence in a third country (other than their home country and Canada), they need to visit that country every six months for a few days until they get their Canadian citizenship. Based on what I have understood reading government websites and this forum, I see 3 options for them (please help me double check of my arguments)

1) apply for renewal now.
Pros: my parents find out sooner rather than later if they can renew their PR using H&C. My dad was diagnosed with cancer and went through radiotherapy/surgery while he was outside Canada and that took about 6 months or so. And like most in their age, it takes them a lot of time to make decisions (including where to live for the next several years)
Cons: Government may not accept their H&C reason and they may lose their PR status and need to leave Canada
2) apply for renewal around Nov 2019. During Nov 2014 to Nov 2019, they plan to have more than 24 months of stay in Canada.
Pros: even though their PR card will be invalid then, they can get their PR renewed and won't risk losing their PR status
Cons: since they still need to get out of the country before June 2019, they may get reported for violation of RO upon entry. If this happens, will they be allowed to enter Canada and stay until they satisfy RO, or will they be returned upon arrival?
3) give up residence in the third country and stay in Canada until Nov 2019 to renew their PR. This is just a theoretical option. Currently they cannot give up residence in that country.


Please advise. Do they any other options than above? If not, between options 1 and 2, is there one that allows them to keep their PR status?

Thanks very much for your time and help.

Agreed with the advice that has been given to you above. Applying for renewal now with H&C is unlikely to succeed and will most likely result in a loss of their PR status. Best option is to wait until they meet RO to apply. By any chance, is the country where they have residency the US?

 

[sd1010]

Agreed with the advice that has been given to you above. Applying for renewal now with H&C is unlikely to succeed and will most likely result in a loss of their PR status. Best option is to wait until they meet RO to apply. By any chance, is the country where they have residency the US?

No, it's Kuwait where they have lived for more than 50 years.

 

[canuck78]

Are you aware that theRO become a rolling total after the first 5 years. On the day they reenter Canada they must also have met the 730 days within 5 years. Given that they had access to medical care in Canada and it was only 6 months out of the 4 years they were out of Canada, they won't have a good case for H&C.

 

[gattupalli]

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?

 

[canuck78]

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?

Unfortunately you've created a huge problem for yourself. You must meet the RO based on your landing date. If you landed in July 2015 you were out of status starting in July 2018. The big issue is that you can not sponsor your other child unless you are compliant with your RO.