PR card holders residing outside canada

[Adam1234]

Hello

I am currently residing in Canada and I will obtain my citizenship very soon however my family resides outside Canada, although they are permanent residents but their cards have expired , I have several questions regarding some issues.

1) Is there a possibility for them to re-enter Canada with an expired permanent resident card? If they can will they be able to renew it?

2) If that is not possible will I be able to sponsor them into Canada (although they were previous PR card holders) ?

3) If they do enter , My brother will have to attend high school will he be accounted as a foreigner or as a resident ?

If you can answer me as soon as possible that will be great

Thank you

 

[scylla]

1) It depends. You'll have to tell us more about your family. Have they met the residency obligation. Do they hold visa exempt passports? Once they return to Canada, are they able to remain in Canada for two years straight without leaving for even a single day?
2) Again, it depends. You'll have to tell us who your family members are (mother? father? brother?). If you are including any siblings, you'll have to tell us how old they are.
3) If your brother is able to enter Canada successfully then he should be able to attend school as a resident.

 

[Suin]

1) Is there a possibility for them to re-enter Canada with an expired permanent resident card? If they can will they be able to renew it?

I don't think it's possible to enter Canada on expired PR card.

 

[Regina]

If that is not possible will I be able to sponsor them into Canada (although they were previous PR card holders)

They will lose their status by that time, and yes, you will be able to sponsor them if you have enough income.

If they do enter , My brother will have to attend high school will he be accounted as a foreigner or as a resident ?

If they will be allowed to enter Canada (and I doubt about that because the card which is valid for FIVE years has already expired) then you brother will be a local student not a foreigner.

 

[scylla]

I don't think it's possible to enter Canada on expired PR card.

If they can get a visa to the US, the may be able to re-enter with an expired card via the US/Canadian land border. Also, if they hold visa exempt passports, it's quite possible they may be able to re-enter on their passports alone.

 

[Regina]

If they can get a visa to the US, the may be able to re-enter with an expired card via the US/Canadian land border.

Why? No difference. The same questions about "residency"

 

[Adam1234]

1) It depends. You'll have to tell us more about your family. Have they met the residency obligation. Do they hold visa exempt passports? Once they return to Canada, are they able to remain in Canada for two years straight without leaving for even a single day?
2) Again, it depends. You'll have to tell us who your family members are (mother? father? brother?). If you are including any siblings, you'll have to tell us how old they are.
3) If your brother is able to enter Canada successfully then he should be able to attend school as a resident.

Unfortunately they didnt meet the residency obligation and they dont hold visa exempt passports.. they will be able to stay for two years without leaving once they arrive... My Family members are my mother ,and younger brother hes 17 years old. If they enter will they be obtain health cards and can my brother be able to apply for government aid for university (once hes done high school) with an expired PR ? or he should wait until he renews his PR in order to do so ?

 

[scylla]

Your brother should apply for a travel document and include a letter explaining that he is a minor, was taken from Canada by his parent when they left and now wants to return to Canada for good. He should be granted a travel document because of his age and because he can argue he was too young to make the decision to leave Canada. Once he arrives in Canada, he should remain 2 years without leaving for even one day to meet the residency requirement again.

Hard to say if he will qualify for educational loans. It depends on the province and you'll have to research the rules. Some provinces require you to live in the province for a period of time before you qualify (e.g. I believe Ontario requires you to be a resident for one full year). Note that any government assistance provided will be in the form of bank loans which have to be repaid - not scholarships / bursaries.

Your parents' situation is far more complicated. Do they have a humanitarian and compassionate reason why they were unable to meet the residency requirement and live in Canada? Note that having a job in Canada is not accepted as a reason. It has to be something that absolutely kept them from living in Canada and they have to be able to prove it.

 

[scylla]

Why? No difference. The same questions about "residency"

On paper I completely agree with you. However if you read through the posts in the permanent resident card section of this forum, you'll see plenty of people are successful in entering Canada this way without being detected if they have their original CORP.

 

[zardoz]

I'm amazed that trying to enter over the land border without a current valid PR card does doesn't automatically trigger a review of residency obligation requirements for those attempting to cross. I can't see this loophole lasting indefinitely before someone in power decides to start clamping down. All CBSA would have to do is issue a mandatory RQ on entry....

 

[Leon]

Right. Two options. They can apply for PR travel documents from where they are now or they can try to get a US visa and try to enter at the land border.

If they are denied travel documents and don't appeal or lose the appeal, they will officially lose their PR status. If they apply separately, your brother has a better chance because he had the defense of having been removed from Canada as a minor. He could write that he wants to return and attend high school and you can write a letter stating that you will act as his guardian in case your mother is refused and can not come along.

If your mother or both of them lose their PR, you would be able to sponsor them for PR again if you can show enough income in the past 3 years. You can sponsor your brother only as a dependent of your mother. You can not sponsor him by himself so you would have to sponsor both.

If they manage to enter at the land border without being reported for not meeting the RO, they would still be PR but in order to stay 2 years to bring their PR status back into good standing, they would have to lay low and would not be able to leave or renew their PR cards. Your mother could work and your brother could attend school. However, they could run into some difficulties in some cases because they do not have valid PR cards. There is no law that says they have to have one but it is on the increase that people are asked for a valid PR card as proof of their status.

If they enter at the land border and get reported, they would have to appeal for their PR status. They would still be PR and could renew their PR cards for 1 year at a time. They would be allowed to stay in Canada while their appeal gets processed. The processing could take 1-2 years. If they lose the appeal, they would lose their PR status and be asked to leave.

 

[Regina]

your brother could attend school.

To attend a schopl he will need to enroll, and to enroll he has to show proof of his IMMIGRATION status.

If they manage to enter at the land border

Exactly! IF they MANAGE.

 

[canuck_in_uk]

To attend a schopl he will need to enroll, and to enroll he has to show proof of his IMMIGRATION status.

His COPR would suffice.

 

[Regina]

His COPR would suffice.

Not necessary. Sometimes they request PR Card and nothing else.

 

[canuck_in_uk]

Not necessary. Sometimes they request PR Card and nothing else.

It's one thing for government agencies to refuse services to those without a PR card; it's a different matter entirely for a school to refuse to provide an education to a PR child because s/he doesn't have a PR card.

Please show me a school that would refuse to enroll a PR child with a valid COPR.