PR card expires on Dec 6th, 2011 and residency obligations not met

[rna]

Dear Experts,

Myself, my wife and son got PR in April 2006. Thereafter we visited on and off for few days and finally moved to Canada in April 2009 with the intention of living the next 2 years in canada to take care of residency obligations. But unfortunately, my parents health back home suffered and we had to come to India in April 2010. So effectively, we spent about 13 months in all in canada till now.

Now my pr card shows expiry of Dec 6th, 2011 while my wife and son's Pr shows expiry of May 15, 2011 although we all landed at the same time. For some reason, my pr card was received later than my wife/son's.

I would like to know whether we have lost our PR status since we have lived for only 13 months in all?
Can I with pr expiry date of Dec 6th, 2011 still enter canada? will they let me in?
How about my wife/son whose card is already expired in may 2011?

Even if they do allow us to enter, there is no way to prove that we spent 730 days in canada during the 5 years since our landing in April 2006.

Please help me and guide me.

Desperately seeking help.

 

[steaky]

You could try to enter Canada, but you better do it in the next few days before 6th!

 

[Leon]

Do you still have your landing documents? Alabaman recently spoke of a friend who has an expired card who goes to the US and back without his card. Every time they give him a hard time but if you travel by car, private or rented, you do apparently not need a PR card to enter. They may however ask you if you meet the residency requirements. If you admit that you don't, they could report you for not meeting them which means they would still let you in to Canada and then they would start proceeding to revoke your PR. You could appeal this but you might lose unless you have a good reason.

They might also just give you a hard time but let you in without reporting you anyway. If they do that, you can safely stay and work in Canada for the next 2 years but you shouldn't risk leaving. After 2 years, your PR status is in good standing again and then you can apply to renew your PR cards. You might however have problems if you arrive in Canada with expired PR cards and need to get health care, drivers license and enrol your kid in school. It may work with the landing document or with the expired cards. You can say you are in the process of renewing them but it is taking a long time which could be true. I do not have experience trying to get health care and a drivers license with an expired card so I don't know if it would be a big deal or not but I can imagine you might have problems.

 

[Alabaman]

You would be flying from India. Are you going to be able to get on the plane with an expired PR card? Travel document with H&C reason might be the best route.

 

[Leon]

Yes, you might get a travel document if you can prove your parents ill health and state that is what made you stay in India. However, if you are refused a TD, you would lose your PR.

If you don't want to take that chance, the other way would be to try to get a visa to visit the US, fly there, rent a car and drive to Canada.

 

[rna]

Thanks a lot guys for your valuable guidance and suggestions. I really appreciate it..RNA