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PR Card Renewal after Expiry

d.jay55

Star Member
Nov 11, 2016
70
1
Job Offer........
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Hi There,

I have a bit of a unique situation with my family's PR situation and was hoping to see if anyone here can offer any advice.

My Parents, myself and my sister landed in Canada on 2006 August for our PR landing. I stayed in Canada for my studies and have since acquired Canadian Citizenship.0 My Parents and Sister did not stay in Canada and moved back home and eventually their PR card expired. Currently they reside outside Canada. My sister was a minor at the time and just turned 18.

My parents don't have any plans of moving here so they are good. For my sister on the other hand plans to pursue post grad education/job in Canada so I am looking to see what is the best approach for her to come to Canada. I have heard from some friends that she may be able to apply for PR renewal based on the reasoning that she couldn't not complete her PR obligations (i.e. no. of days in Canada) because she was Minor and dependent on parents for support at the time and now that she is 18 she would like to move to Canada for higher studies/Job prospects and live in Canada.

I wanted to check if this is worth pursuing or am I just shooting in the dark here? If yes, should I apply for PR renewal or new PR application for my sister.

Thanks in advance for help!
 

dlre

Star Member
Aug 30, 2014
123
39
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I have heard of cases like this. I think this is worth trying for.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


d.jay55 said:
Hi There,

I have a bit of a unique situation with my family's PR situation and was hoping to see if anyone here can offer any advice.

My Parents, myself and my sister landed in Canada on 2006 August for our PR landing. I stayed in Canada for my studies and have since acquired Canadian Citizenship.0 My Parents and Sister did not stay in Canada and moved back home and eventually their PR card expired. Currently they reside outside Canada. My sister was a minor at the time and just turned 18.

My parents don't have any plans of moving here so they are good. For my sister on the other hand plans to pursue post grad education/job in Canada so I am looking to see what is the best approach for her to come to Canada. I have heard from some friends that she may be able to apply for PR renewal based on the reasoning that she couldn't not complete her PR obligations (i.e. no. of days in Canada) because she was Minor and dependent on parents for support at the time and now that she is 18 she would like to move to Canada for higher studies/Job prospects and live in Canada.

I wanted to check if this is worth pursuing or am I just shooting in the dark here? If yes, should I apply for PR renewal or new PR application for my sister.

Thanks in advance for help!
1. Your sister will have have to apply for a PR Travel Document at an overseas office. She will have to demonstrate to the office that she was a minor when she was removed and she is applying to return at the first available opportunity. If it is refused, she would have an appeal to the Immigration Appeal Division.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
d.jay55 said:
I have heard from some friends that she may be able to apply for PR renewal based on the reasoning that she couldn't not complete her PR obligations (i.e. no. of days in Canada) because she was Minor and dependent on parents for support at the time and now that she is 18 she would like to move to Canada for higher studies/Job prospects and live in Canada.
Yes many people have done this successfully.

As mentioned above, she must first apply for PR TD with explanation she was removed from Canada as minor, and is now taking first opportunity to return to Canada since reaching age 18.

Assuming the PR TD is approved, she will use it to return to Canada and immediately after should apply to renew her PR card. The positive H&C decision that gave her the PR TD, will ensure the PR card renewal is also successful.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
thecoolguysam said:
Just out of curiosity, why cic allows the person who was removed as a minor to come back to Canada after turning 18?
A dependent minor is not legally independent, and generally must comply with the decisions of a guardian (typically parent but not always). When they reach the age of majority, they are then at an age the individual can make an independent choice to return to Canada, and for most who make the effort to return to Canada shortly after attaining majority and legal independence, that is considered returning to Canada at the soonest opportunity.

Returning to Canada as soon as reasonably possible, at the earliest opportunity, is one of the most important factors in the PR retention H&C analysis. (Remember, the PR retention H&C analysis is very different from other immigration related H&C cases.)

Since the determination is nonetheless, still, based on H&C criteria, the outcome of any given individual case can still depend on other factors. For example, the more established the child was in Canada before going abroad may give the child more leeway relative to how soon after attaining the age of majority the child (now adult) needs to make the effort to come to Canada, especially if this individual is continuing a course of education started abroad. And of course it can go the other way, if for example there are other negative factors (meaning there is no guarantee that H&C relief will allow a PR minor to return to Canada with PR intact after attaining the age of majority).

Basically, usually, it comes down to not penalizing children (who have status in Canada) for decisions made by the child's parents.
 

d.jay55

Star Member
Nov 11, 2016
70
1
Job Offer........
Pre-Assessed..
dpenabill said:
Returning to Canada as soon as reasonably possible, at the earliest opportunity, is one of the most important factors in the PR retention H&C analysis. (Remember, the PR retention H&C analysis is very different from other immigration related H&C cases.)

Since the determination is nonetheless, still, based on H&C criteria, the outcome of any given individual case can still depend on other factors. For example, the more established the child was in Canada before going abroad may give the child more leeway relative to how soon after attaining the age of majority the child (now adult) needs to make the effort to come to Canada, especially if this individual is continuing a course of education started abroad. And of course it can go the other way, if for example there are other negative factors (meaning there is no guarantee that H&C relief will allow a PR minor to return to Canada with PR intact after attaining the age of majority).

Basically, usually, it comes down to not penalizing children (who have status in Canada) for decisions made by the child's parents.
Thanks for the infor everyone - very helpful.

I had a couple of follow up questions.

Since my sister is currently studying in India for her undergrad and would ideally like to complete her studied there and then move here for post grad studies or Job, which will be 3 years from now when she turns 21. Do you think she has a better shot at apply for PR document now as she just turned 18 last month or later when she is actually ready to move to Canada?

If I do apply for the her PR document now, and say its approved, do you know how long she has to enter Canada (is that different on case by case basis or generic?) Lastly, if she does enter Canada with a PR document comes to Canada for her summer break and applies for renewal of PR immediately upon arrival then does she have to stay in Canada until she receives her PR or is renewed PR card just mailed to her (and I can bring it to her in India when I visit)?

Thanks!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
d.jay55 said:
Thanks for the infor everyone - very helpful.

I had a couple of follow up questions.

Since my sister is currently studying in India for her undergrad and would ideally like to complete her studied there and then move here for post grad studies or Job, which will be 3 years from now when she turns 21. Do you think she has a better shot at apply for PR document now as she just turned 18 last month or later when she is actually ready to move to Canada?

If I do apply for the her PR document now, and say its approved, do you know how long she has to enter Canada (is that different on case by case basis or generic?) Lastly, if she does enter Canada with a PR document comes to Canada for her summer break and applies for renewal of PR immediately upon arrival then does she have to stay in Canada until she receives her PR or is renewed PR card just mailed to her (and I can bring it to her in India when I visit)?

Thanks!
The odds of getting a PR TD approved on H&C claim of being removed as a minor, decrease as the applicant gets older. So best chance to apply is as soon as possible after turning 18.

However it sounds like your sister may have more problems, if she intends to remain in India for a few more years after getting PR TD approved. If she gets PR TD, returns to Canada to apply for PR Card renewal, but then leaves back to India... what will she do if IRCC asks her to pick up the card in person?? Note that getting a PR TD approved once, does not indicate another PR TD will be approved in the future. So if she remains outside Canada until age 21 and doesn't have PR card, she should expect a second PR TD app made at that time may end in rejection and her PR status revoked.

Or even if she gets the PR card in hand, to stay outside Canada an additional 3 years after that could cause her to once again be in violation of RO, and be reported upon later entry to Canada.

Of course not doing anythig now and waiting until she's 21 may also result in denied PR TD and PR status revoked, since IRCC may see the decision to remain in India to attend school and not relocate back to attend a Canadian school, as a personal choice made after she reached age of majority so not falling under H&C reasons.

This is all up to any random visa officer that happens to be reviewing her case, so due to all variables really it's impossible to say.
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
d.jay55 said:
Since my sister is currently studying in India for her undergrad and would ideally like to complete her studied there and then move here for post grad studies or Job, which will be 3 years from now when she turns 21. Do you think she has a better shot at apply for PR document now as she just turned 18 last month or later when she is actually ready to move to Canada?
Much better chance now, when she can rightly claim she was removed as a minor, and is returning at the first opportunity. As the months tick on, that argument declines. After three years, she has certainly chosen to settle elsewhere.

If I do apply for the her PR document now, and say its approved, do you know how long she has to enter Canada (is that different on case by case basis or generic?)
Normally think in terms of weeks.

Lastly, if she does enter Canada with a PR document comes to Canada for her summer break and applies for renewal of PR immediately upon arrival then does she have to stay in Canada until she receives her PR or is renewed PR card just mailed to her (and I can bring it to her in India when I visit)?
If her PR card is mailed to her or you, then she would once again lose her entitlement to Canadian PR if she spent the next 3 years outside of Canada. If they ask her to collect it in person, and she has left Canada, she has a fundamental problem.