PR card expires need to travel

[docMS]

Hi,

My PR card expires July 3 and I am short of days to meet the residency obligation of 730 days, I was studying abroad so I am not able to meet this requirement. I have been living in Canada for almost a year and a half now and my PR card is expiring soon. I have heard that it is best to stay in Canada, meet the residency requirement of 730 days and then apply for renewal. I have a few questions regarding that,

1) What happens if I apply before reaching the 730 days requirement i.e before my PR card expires?

2) I understand that with the expiry of PR card, my status as a permanent resident does not expire, when does this status actually expires?

3) I have to take some exams in USA and need to travel their for a few months after my PR card has expired, already have a valid USA visa, would I be able to enter Canada with an expired PR Card or landing papers or drivers license. If my status as a permanent resident does not expire, apparently i should be allowed to enter, Is this correct?

4) My whole family (parents and siblings) are Canadian citizens and we have our own house in Canada, does this help me in any way?

Would really appreciate a good advice,

Thanks

 

[zardoz]

Hi,

My PR card expires July 3 and I am short of days to meet the residency obligation of 730 days, I was studying abroad so I am not able to meet this requirement. I have been living in Canada for almost a year and a half now and my PR card is expiring soon. I have heard that it is best to stay in Canada, meet the residency requirement of 730 days and then apply for renewal. I have a few questions regarding that,

1) What happens if I apply before reaching the 730 days requirement i.e before my PR card expires?

You will alert them to the fact that you haven't met the Residency Obligations. You will at least go into extended processing but may be reported.

2) I understand that with the expiry of PR card, my status as a permanent resident does not expire, when does this status actually expires?

If you are reported and you either fail to appeal or lose the appeal.

3) I have to take some exams in USA and need to travel their for a few months after my PR card has expired, already have a valid USA visa, would I be able to enter Canada with an expired PR Card or landing papers or drivers license. If my status as a permanent resident does not expire, apparently i should be allowed to enter, Is this correct?

You will probably be let in but see the answer to 1)

4) My whole family (parents and siblings) are Canadian citizens and we have our own house in Canada, does this help me in any way?

It might assist with an H&C appeal but that's about all. It will not protect you from the basic requirement of Residency Obligations.

Would really appreciate a good advice,

Thanks

 

[Leon]

1) What happens if I apply before reaching the 730 days requirement i.e before my PR card expires?

Worst case scenario, they revoke your PR because you don't meet the 730 days requirements and you have admitted to it and you don't have any Humane and Compassionate grounds. Studying overseas is by choice, it is not a consideration for H&C. Best case, they will process your application forever, call you in for an interview and tell you that they can not renew your PR card because you don't meet the requirements and offer you to withdraw your application on the spot and apply again. Even if at that point, 1 or 2 years have passed since you applied and you do meet the residency requirements at that point, they can only look at the 5 years previous to your application date. Therefore, do NOT apply to renew until you have at least 730 days.

2) I understand that with the expiry of PR card, my status as a permanent resident does not expire, when does this status actually expires?

It never expires. You can only lose it if it is revoked or you renounce it. It can be revoked for example if immigration becomes aware that you do not meet the residency requirements, for example because you admit to it on your PR card renewal application or you get reported as you enter Canada.

3) I have to take some exams in USA and need to travel their for a few months after my PR card has expired, already have a valid USA visa, would I be able to enter Canada with an expired PR Card or landing papers or drivers license. If my status as a permanent resident does not expire, apparently i should be allowed to enter, Is this correct?

Yes, on the land border but you might get grilled about why you haven't renewed your PR card. Worst case, if they do not think you meet the residency requirements, they can report you and you would have to appeal for your PR status. Bring proof of having lived in Canada for the past 1.5 years. If you try to fly back, the airline will give you problems trying to board the plane.

4) My whole family (parents and siblings) are Canadian citizens and we have our own house in Canada, does this help me in any way?

If you are still under 22 or you are 22 or older but a full time student since before the age of 22 and financially dependent on your parents, you are still a part of your parents family unit and if you lose your PR, they could sponsor you.

If you are 22 or older and not a full time student since before the age of 22 or not financially dependent on your parents, you are not actually a part of your family unit according to immigration law. The family of an adult is their spouse and children, not their parents and siblings. If that is the case, your parents and siblings being in Canada might possibly help you sway an immigration officer to let you in without reporting you but for an appeal, it would not really help.