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PR Expired

HassanS

Full Member
Jun 5, 2013
29
2
My PR expired (minimum days required is not met) ... Can I apply for a another Visa like VISIT or Study Visa then meet the minimum days required then apply for renewal of PR card ??
 
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scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
HassanS said:
My PR expired (minimum days required is not met) ... Can I apply for a another Visa like VISIT or Study Visa then meet the minimum days required then apply for renewal of PR card ??
No - you can't.

Permanent residents don't qualify for visitor visas or study visas. To apply for a visitor visa or study visa you would first have to officially give up your PR status.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
If you are in Canada and your PR has not been officially revoked, you can stay until you meet the RO again and then apply to renew.
 

HassanS

Full Member
Jun 5, 2013
29
2
scylla said:
No - you can't.

Permanent residents don't qualify for visitor visas or study visas. To apply for a visitor visa or study visa you would first have to officially give up your PR status.
It's catch 21 ... you cant renew unless you are in Canada but you cant go to Canada with expired PR!!

What if request travel documents from embassy would they ask about the reason of why I didn't renew it or not meet the residency requirements? would they have the power to revoke my PR??
 

HassanS

Full Member
Jun 5, 2013
29
2
Leon said:
If you are in Canada and your PR has not been officially revoked, you can stay until you meet the RO again and then apply to renew.
How to know if they revoked it or not??

I have US b2 visa would I be able to access Canada by Car with my family?

After Entering Canada would I be run in trouble for not renewing my PR , can my kids go school? Can I get a Driving license and work ? Can I go to college?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
HassanS said:
It's catch 21 ... you cant renew unless you are in Canada but you cant go to Canada with expired PR!!

What if request travel documents from embassy would they ask about the reason of why I didn't renew it or not meet the residency requirements? would they have the power to revoke my PR??
Applying for a travel document opens the investigation into your PR and whether you meet the RO so yes, if you don't meet the RO, they will revoke your PR.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
HassanS said:
How to know if they revoked it or not??

I have US b2 visa would I be able to access Canada by Car with my family?

After Entering Canada would I be run in trouble for not renewing my PR , can my kids go school? Can I get a Driving license and work ? Can I go to college?
It would not have been revoked without your knowledge. If you applied for a travel document and were denied or entered Canada and were reported on entry, and you either did not appeal or lost the appeal, you would have lost your PR.

If you enter Canada in a car with your family with expired PR cards, it is likely that you will be reported on entry. If this happens, you can appeal for your PR with your reasons for why you could not meet the RO. If immigration agrees that you had humane and compassionate grounds, you may win your appeal and be allowed to keep your PR. The appeal processing can take 1-2 years easily and in some cases even longer and during that time, you can renew your PR card for a period of one year at a time, you are still PR, you can work, study etc. However, if you lose your appeal, your PR will be revoked and you will be asked to leave. Even if your appeal takes more than 2 years, you will not meet the RO again because time spent under an appeal only counts if you win the appeal.

If you are not reported on entry while entering Canada, you can live in Canada for 2 years straight with your expired PR cards. You are not breaking any law but if you don't want to get reported, you can not apply to renew your PR cards until you have your two years. If you have a SIN, you are allowed to work. Going to college could be a problem because they may want to see a valid PR card for you to prove you are PR and qualify to pay PR tuition. Enrolling kids in school, you might possibly have the same problem. Drivers license and health care may also be a problem.

Initially the PR card started as a travel document and you were not required to have one inside Canada. However, as the years have passed, it's being asked for inside Canada too, more and more to serve as proof of your status.
 

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
HassanS said:
What if request travel documents from embassy would they ask about the reason of why I didn't renew it or not meet the residency requirements? would they have the power to revoke my PR??
Based on your historical posts - you have been outside of Canada since 2010. I don't see there's any chance that a TD is going to be approved.
 

HassanS

Full Member
Jun 5, 2013
29
2
Yes I was taking care of my sick parents who have no income and needed personal caregiver (I have a document to prove it) and my wife lost her father and went through psychological trauma (also have doctor report of her psychological condition) ... She didn't want to go anywhere !!? I know that's not a ground but I couldn't leave without her. Now She is much better and want to go with me anywhere. I also kept in touch with Canada & studied Master degree in Waterloo university (Online). I just finished last summer would that help as justification that I kept in touch with Canada?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
HassanS said:
Yes I was taking care of my sick parents who have no income and needed personal caregiver (I have a document to prove it) and my wife lost her father and went through psychological trauma (also have doctor report of her psychological condition) ... She didn't want to go anywhere !!? I know that's not a ground but I couldn't leave without her. Now She is much better and want to go with me anywhere. I also kept in touch with Canada & studied Master degree in Waterloo university (Online). I just finished last summer would that help as justification that I kept in touch with Canada?
If you actually have H&C grounds but they are maybe not 100%, you probably have more chances entering at the US border. Sick parents may be considered but you would need to be able to prove it and that you were actually taking care of them and they can't have been just a little bit sick. Immigration would surely also like to know how can you leave now and who is taking care of them now that couldn't do it in the past 6 years. As for your wife, that might be considered. Studies? I really don't know.

If you apply for a travel document, you are letting immigration make the decision on your PR without you having a chance to set foot in Canada. If it's denied and you appeal and your appeal is denied, you will lose your PR, end of story.

If you enter at the US border, you do have a slight chance that you won't get reported in which case you can put your PR back in good standing by staying for 2 years straight. If you do get reported, you do have the chance to live in Canada during the appeal processing and it is possible that they will also consider that you are well settled in Canada by the time of your hearing.