PR card Renewal??

[Msafiri]

To anyone who can help or give an answer...

Hello, I received my permanent resident card March of 2011, which means that at March of 2016 (in 8 months) by PR card will expire. I landed at Canada as a minor but my parents wanted me to finish high school at my home country so I stayed at my home country until September of 2013 (I did not have any part in this decision). I wanted to go college in Canada but I again was not allowed to go because my family is far from being well off and I received a 50k+ financial aid from a school in the states that is need-blind to international students (which I have the documents to prove). While im thankful for the financial aid I am receiving I am nowhere wealthy enough to go to any other college(in Canada) because my current financial aid almost fully covers my tuition and even my room and board at my current institution. I am a 21 year old computer science major (turned 21 in May) and wish to go back to Canada after graduating in 2017, get a job there and most likely work there and get my citizenship. I'm upset that I'm in a situation like this but there was really nothing myself or my parents could have done at this point. I especially feel like I did not have any choice as a minor or as a dependent young adult over my unfortunate situation. Do I have any chance of retaining my permanent residence status or getting my permanent resident card renewed?

any advise or help would be absolutely appreciated,
much thanks

Leon has detailed the concept of 'removed as a minor'. It used to be relatively straightforward to get a pass on the RO for PRTD applicants who applied at circa 18/19 years old. Not so much any longer as I notice a trend where visa posts are starting to bounce these applications and taking the chance of the PR not appealing or the PR losing their appeal before the courts. If this goes to court its my humble opinion that it would get bounced pretty quick. My opening lines as the CIC lawyer would be - You are a Canadian PR. Canada has CS schools. You can get funding or scolarships in Canada too. Did you ever explore this?

You are now over the age of majority in both Canada and the US so you have the capability to make your own decision yet you chose to remain in the US. You are cherry picking is the message here with Canada as a back up plan...no dice. Enter with your visitor visa exempt passport (if this is still the case in 2017 as visa polices change) you 'may' not get reported and hang tight in Canada until you are back in RO compliance. As detailed there will be bureaucratic challenges to cope with as function creep has increasingly made a valid PR Card the 'acceptable' proof of PR status.

 

[daniel12321]

yes, I actually did explore Canadian Universities. I have the acceptance letters from the University of British Columbia and the University of Toronto(I still have them) which both offered my about $3000 worth of financial aid(I would still have to pay about $9000 as tuition) compared to my $48000(covers more than the tution) aid from my current institution (now because my family is in a worse situation the aid was increased to $60000, without which I can't attend school). Even if US college costs like three times more expensive in terms of tuition, I would still need significant amount of money to cover my room and board, fees, and everything else on top of whatever was left of my Canadian university tuition to go to a school in Canada, money that I as an 18 year old did not have. Considering that my family is poor, my parents refused(couldn't would be a better term for this) to pay my Canadian tuition and I had no choice but to come to my current institution. I have the documents to prove everything that I just said. I am going to include all of this information when I apply for my travel documents. I hope they understand that my non-compliance to the residency requirement was not my decision and will probably appeal my decision if I get rejected.

 

[Leon]

So you stayed in the US because you got a scholarship which is understandable. However, if the immigration officer wants to see it that way, they can say you could have lived at your parents house, even if they are poor, it does not cost them money if you sleep there, and you could have gotten student loans to fund your tuition and if you still needed money, you could have had a side job. So as I see it, the main reason you stayed in the US was financial.

You know what, we get people here all the time who did not meet the RO because of financial reasons. Mostly though, it's because they are working in Dubai making 5 times more money than they could make in Canada. And you know what, immigration does not accept those reasons either. As a PR, you have the RO of staying in Canada 2/5 years. They do not care if that means you make less money or have more expenses than if you were living somewhere else.

You feel that you did not have a choice but immigration might not share your opinion.

So as advised, if you want to keep your PR, it would be best to return to Canada before your PR card expires. If you have a visa exempt passport, you can even try after it expires but you would then face challenges not having a valid PR card getting set up, having problems getting a drivers license etc. If you get reported on entry on arrival, you would have to appeal and see what happens. I would however recommend this over applying for a travel document.

 

[Msafiri]

yes, I actually did explore Canadian Universities. I have the acceptance letters from the University of British Columbia and the University of Toronto(I still have them) which both offered my about $3000 worth of financial aid(I would still have to pay about $9000 as tuition) compared to my $48000(covers more than the tution) aid from my current institution (now because my family is in a worse situation the aid was increased to $60000, without which I can't attend school). Even if US college costs like three times more expensive in terms of tuition, I would still need significant amount of money to cover my room and board, fees, and everything else on top of whatever was left of my Canadian university tuition to go to a school in Canada, money that I as an 18 year old did not have. Considering that my family is poor, my parents refused(couldn't would be a better term for this) to pay my Canadian tuition and I had no choice but to come to my current institution. I have the documents to prove everything that I just said. I am going to include all of this information when I apply for my travel documents. I hope they understand that my non-compliance to the residency requirement was not my decision and will probably appeal my decision if I get rejected.

1. There are several hundred thousand students (actually more in the millions) in Canada who get by on financial aid that is available, scholarships, working etc. You had the option to return to Canada and work if money was an issue so as to save up for an education. Your reasons of too poor, US is a better deal etc won't wash before the courts if CIC bounce your PRTD since they will be deemed excuses and are a 'personal choice'. In any case once you are an adult how can your parents 'force' you not to go to Canada because they won't pay your schooling.

2. Whilst there is nothing wrong in getting the best deal for yourself via the US education route (as commendable as that is) your 'personal situation' can't trump immigration rules taking into account policy for H&C grounds. If study abroad was an exemption to the RO it would have been included in the IRPA and associated regulations - its not so that's already a big clue that CIC don't really care that you choose to study some place else not Canada and guess what Parliament agrees with them. Heck even the courts agree with them. As advised the issuance of PRTDs to PRs removed as minors has been a historical operational policy (on H&C grounds) and its actually one of the really positive things from a Federal immigration policy that is becoming tighter and more restrictive by the day. You really should appreciate your good fortune that you even have this chance which as a reminder also seems to be now not so clear cut.

3. I've been on these forums long enough to know that some PRs won't get the its not going to work angle. Case law shows this will be a no dice appeal that CIC will easily win (if PRTD bounced) but you never know maybe CIC, IAD and FC will accept your reasons. A land border crossing remains your least risk option to avoid a report.

Good luck

 

[afsanaa]

hi, i am pr in canada since 2013. i question is if i stay less than 6 months in canada then will that year count in citizenship timeline.

 

[keesio]

hi, i am pr in canada since 2013. i question is if i stay less than 6 months in canada then will that year count in citizenship timeline.

That year cannot be used towards the requirement for 4 calendar years out of 6 with over 183 days.

But you can use the days spend in Canada that year towards your 1460 day out of 6 years requirement.