PR card renewed with RO being met after its expiry, anyone?

[Aspat]

Leon has mentioned in numerous posts that if you do not meet the residency obligation before the expiry of PR card, you can still accumulate the 730 days (provided you are in Canada and don't leave the country for the duration) and then apply for renewal, since CIC only looks at the previous 5 years.

I've read the same in the immigration manual link posted by Leon.

I would like to hear from people who let their PR cards expire, accumulated 730 days, applied for renewal and got it. Were there problems faced? Please share your experiences. Thanks.

 

[sm2312]

Hey Aspat,

Dont worry. what Leon advised was absolutely correct. I first landed in Canada in March 2006 and went back to the Middle East after 15 days. I finally moved here in Feb 2010 and obviously did not meet the PR requirement. I applied for PR renewal in June 2012 after completing 2+ years in Canada and got the PR renewed within 3 months without any problems.

I filed my application for Citizenship yesterday. ;D

So relax and apply for PR renewal after you complete 2 years in Canada.

 

[vjdua]

Found very useful information on this topic. Can anybody advise me if one of your family members (all landed immigrants) has not got PR card and is not meeting residency obligations, like landed in October 2010 (stayed only for a weeks time) now wants to return and live permanently. At the time of landing was a minor. Would be great if advise on filing a travel document (with supported documents if any) or travelling on COPR is given. Also advise if COPR would be valid for admission into a colege.

Thanks,

 

[Leon]

Found very useful information on this topic. Can anybody advise me if one of your family members (all landed immigrants) has not got PR card and is not meeting residency obligations, like landed in October 2010 (stayed only for a weeks time) now wants to return and live permanently. At the time of landing was a minor. Would be great if advise on filing a travel document (with supported documents if any) or travelling on COPR is given. Also advise if COPR would be valid for admission into a colege.

Thanks,

If they are visa exempt, they should get their behind to Canada right now. It's still only early December so if they landed in October 2010 and stayed for a few weeks, they may not have been outside Canada for more than 3 years yet. If that is the case and they arrive in Canada still able to meet the RO, they should apply for a PR card as soon as they arrive as long as that is still the case. If they were outside more than 3 years but still manage to enter, they should wait for 2 years before applying for a PR card.

If they are not visa exempt, they should apply for a travel document, again, right now while they still meet or almost meet the RO. They should apply based on having been removed from Canada as a minor and wanting to return now. If they get the travel document, they can use it to re-enter Canada and if the travel document mentions being granted on H&C grounds, they can even use it to try to apply for a PR card. If they do get a PR card, they should still stay in Canada for at least 2 years straight in order to get their PR status back in good standing.

Another option apart from a travel document for a person who is not visa exempt would be to get a US visa and crossing the land border with a COPR only in a private or rented car or on foot. A COPR may not be accepted to enroll in college.

 

[vjdua]

Thanks for the advise. Kindly post me a draft letter to be made to CIC for travel document for a minor at the time of landing in Oct 2010 now major. It can be on humanatarian and compassionate grounds. How it is to be worded. Are any documents to be enclosed. In the applicaton, it is asked what were you doing all these years when not in canada etc. Kindly give full clarification as to filling up that application and enclosing documents. And if travel document is issued, will that be valid for admission into universities in canada.

Thanks,

 

[Leon]

Here's the application form for a travel document: http://www.cic.gc.ca/english/information/applications/travel.asp

You will have to write the letter yourself. Just mention "removed from Canada as a minor by parents and now wanting to return to Canada first possible chance as an adult". I assume they were studying outside Canada in which case they should say they were studying. I assume the parents wanted the person to complete their high school in home country. It is essential that they apply before January 1st because immigration is then planning on changing the max. age of dependent children from under 22 to under 19. This may also affect who is considered to be returning first chance in cases like this.

I have heard that it is a hassle for university students not to have a valid PR card. It is possible for this person to try to apply for a PR card based on the travel document, whether they will get it or not is another story. They might not get it any time soon anyway because it is a special consideration application.

In any case, I think this person needs to set their priorities. Worst case, if they absolutely can't find a way to enroll in university, they may have to postpone university for a couple of years but they get to keep their PR. The other option would be to forget their PR, stay in home country and go to university there.

 

[Aspat]

Thanks sm2312.

My husband was also working in the middle east, with family in Canada. He visited canada every couple of months though. His passport is full of stamps - 64 pages, renewed in 3 years for lack of pages. He's moving to Canada now - next week. Pr expiring in June 2014. I understand it is better to apply for renewal after completion of 730+ days. Is the travel history itself a cause of concern even if you complete 730 days, considering it would be glaringly apparent that you wouldn't have qualified if you'd applied earlier?

My kids and I have applied for pr renewal. My daughter's passport has a valid UAE residence visa. It was not cancelled as we visit UAE regularly. The visa on my son's and my passport expired and since then, we've travelled on visit visas. Is this likely to raise questions?

 

[tds69us]

Hi Leon,

I'm pretty much in the same situation. Landed in 2007, tried to settle down 3 times before my latest attempt in November 2011. I completed my 730+ days and applied for my PR renewal which they started processing on 23rd of Jan , 2014. I heard lately that the CIC is going crazy with RQs to most PR Renewal applications regardless of the reason and the only way to explain it is that its just easier to put PR renewal applications on the back burner while they go through the rest of the backlog. Any truth to that?

Thanks

 

[Leon]

Thanks sm2312.

My husband was also working in the middle east, with family in Canada. He visited canada every couple of months though. His passport is full of stamps - 64 pages, renewed in 3 years for lack of pages. He's moving to Canada now - next week. Pr expiring in June 2014. I understand it is better to apply for renewal after completion of 730+ days. Is the travel history itself a cause of concern even if you complete 730 days, considering it would be glaringly apparent that you wouldn't have qualified if you'd applied earlier?

If they don't catch you at a time that you are in breach of the RO concerning the past 5 years, they can't go back in time and look at that period later. You can see this here:

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

page 7

where it says:

For persons who have been permanent residents of Canada for more than five years, the only
five-year period that can be considered in calculating whether an applicant has met the residency
obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii)
precludes a visa officer from examining any period other than the most recent five-year period
immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant’s past, but must always assess the most recent five-year
period preceding the receipt of the application.