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PR expired in 2007- applying for renewal on H&C grounds

mjuss

Member
May 24, 2023
12
0
Your PR Card expired in 2012, not 2017, correct?

The puzzling part is that if you are still shown as having PR status in IRCC's system, why was the study permit issued? Is it possible that sometime after the date your PR card expired, 11 years ago, your parents received communication from IRCC regarding your PR status?
Yes, this is puzzling. A possible clerical error. I don't know.
No, my parents did not receive any such communication.
 

mjuss

Member
May 24, 2023
12
0
I didn't realize was a one-year program, I was referring mostly to fees yet to be paid. I don't know if it would be possible to get fees reimbursed to you after the fact (and would assume probably not).




I'd reiterate my previous comments: I strongly suggest at least consulting a lawyer before submitting for a renewal. As we've said, the safest course of action is to wait until back in compliance.
I understand that the safest way is to wait. I was of the same opinion before.
But what motivated me is what happened with my sibling. Like me, she too had applied for a study permit application, but it was refused because a PR status was found to be active. We were completely unaware up until that point that our status is active. She then went ahead and applied for a renewal, and received a PRTD, by attaching a letter of explanation.

The fact that everything from my application too was kept open and that I have not hidden anything from the IRCC and do anything wrong, has been a motivator. In fact, in my study permit application, I also mentioned that I once held a PR in 2007. I still got my study permit approved. Had they sent me a notification like how they did with my sibling, I too would have taken an alternative course. Because I got a temporary study visa stamped on my passport, I decided to come.

Stating the same facts and additional information in a letter of explanation, I will file for renewal by requesting them to consider my application sympathetically and favorably.

I see no reason in waiting the next year because to stay next year, I will have to apply for a PGWP. I don't need a PGWP if I am a PR. All the facts in my case are clear and open to scrutiny by the IRCC.

Any comments on my decision are welcome.
 

armoured

VIP Member
Feb 1, 2015
17,325
8,920
I see no reason in waiting the next year because to stay next year, I will have to apply for a PGWP. I don't need a PGWP if I am a PR. All the facts in my case are clear and open to scrutiny by the IRCC.
You do not need a PGWP in any event to remain in Canada. You just remain.

Any comments on my decision are welcome.
I repeat the point above: given how momentous the question is, I believe you owe it to yourself to consult a professional. A lawyer.

You are free, after that point, to do whatever you wish, including to ignore their advice and proceed as you propose above. One of the jobs of a lawyer is to advise you as to what the risks are.

The reason to wait is whether waiting reduces any risks you may face (including any potential delays or complications), up to and including losing your PR status.

You may well be right. I lean toward thinking that overall you do not face that much risk. But I am not sure and believe you need some professional input.

BTW: your sister's case may be some indication BUT her circumstances including age clearly are different than yours. I can't know the sum of those differences nor evaluate them.
 

canuck78

VIP Member
Jun 18, 2017
55,684
13,552
Did you verify that your PR is still valid? How did you do so? If you know you have PR status you should really be using your first SIN# if your parents applied for one when you initially came to Canads. Still confused as to whether you had a PR card that expired in 2017 as well as one that expired in 2012 but issues with missed status tend to involve people that has received PR and their last PR cards before 2010 and often much earlier than that. If you haven’t confirmed with the government that you are actually a PR that is something you need to confirm 100% before doing anything else.
 

Niravs200

Newbie
Dec 16, 2017
8
3
I landed in a similar situation and got into a nightmare situation with IRCC.

2004 -> Was granted PR as a minor.
2018 -> Came to Canada on study permit. Disclosed my previous PR in the application.
2019 -> Received work permit. Disclosed my previous PR in the application
2021 -> Applied for Canadian experience class. Was granted an invite. Disclosed my previous PR in the application. Applied for a permanent residency.
2022 -> Radio silence from IRCC.
2023 -> Got local MP involved. IRCC finally replied that they could not grant me a PR, because I am already a PR. And told me to renounce my permanent residency to get a new permanent residency. Also accused me of committing fraud and getting inside Canada by fraudulent means. I had to submit a whole host of proofs showing that was not the case.
2023 -> I had also applied for verification of documents that showed I am still a PR. And based on the fact that I have been in this country for 5.5 years as a permanent resident, I applied for citizenship.


Now, according to IRCC I am eligible to work in Canada and should have all the legal rights. I even got my SIN number converted to a permanent SIN. But, if I travel outside, I would not be able to come to Canada.

Also, provincially I am not able to receive any benefits. And I have to carry my Indian passport around to show proof of my age.

Plus for months I did not have any proof of legal working status in Canada. Even though I was legally allowed to work in Canada. So, could not switch to a new job.

Filing for a PR card will solve many of the issues I am currently facing. But, I am just a little hesitant as they can take away my PR status and leave me with no status in Canada.

This negligence from IRCC can land you in a very bad situation like me. So, better get a lawyer to clean up the mess ASAP.
 
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