PR Renewal - card expires September. Not going to be back for at least a year.

[worriedanxious007]

Hello,

I am a British citizen.
Became PR of Canada Sept 2007. Married my Canadian husband but we have since divorced.
Spent entire first four years in Canada so met the residency for renewal.
The final year from last August until now, has been spent in Britain with family. Having to help the family business for the next year at least.
My question is, when my PR CARD expires in two months from now, apparently my PR status of Canada will still be valid.
I cannot get back to renew the card due to expense at the moment. My question is, in a year, can I just book a return ticket to Canada from Britain and go in to Canada without using a PR card, and then renew the card once there? Or is it that my PR status WILL be revoked if I am not there?
I have bank accounts in Canada and belongings in storage and very worried I will lose them.
Please advise!!
Many thanks in advance

 

[steaky]

Sure you can return to Canada using your British passport. Renew your PR once you are in Canada and still meet the residency obligation.

 

[worriedanxious007]

Many thanks for your fast reply! So can I ask, if I did return prior to the expiry date, could I renew it even though I didn't file taxes? My immigration lawyer says he recommends I come over and renew my permanent residence through him and I don't need tax forms to renew it, but I've read otherwise . He's been a great lawyer in the past I actually filed residence through him in the start place!
Any more advice would be great
Thanks again

 

[Leon]

You never filed taxes in Canada or you just didn't file them this year? You know you should file taxes. You will have trouble with the tax man if you don't.

Since you still meet the residency requirements, you will not have a problem entering. When you fly, you show your UK passport but when you arrive in Canada, show your PR card too. Say you were outside Canada for 1 year and therefore haven't been able to renew. As a PR, you are allowed to be outside for up to 3 years in any 5 year period.

You do not need a lawyer to renew your PR card and even if you decide to stay in the UK and let your PR go, you would still not lose your bank accounts in Canada or your stuff that you have in storage. You could still go as a visitor with your passport any time and get your stuff and you can still go to the bank and take your money out whether you are PR or not.

 

[worriedanxious007]

Hello Leon! Many thanks for replying. I did not file mostly because I was a house wife when I came to Canada and was not used to the system of tax you have there, it's automatically done for us in England you see. This is part of the reason I'm not sure whether I should spend the money to come over before it expires to renew it, because I don't have the tax filings. Are these totally necessary for the renewal or would other evidence be sufficient, such as my health visits etc?
It's all really about money right now that is my biggest problem.
If I returned to Canada in a year that would mean the PR card would be a year expired, would I then be best to come in using my British passport along side a return ticket? Then stay, do the taxes etc and settle there permanently again?
All your advice greatly appreciated.
Best wishes

 

[Leon]

You can file all your taxes back in time. If you can't afford an accountant, try ufile.ca or some such program. They don't charge if you didn't make any money.

I think immigration will want to see your tax returns, yes but filing 0 income will also not convince them that you were living in Canada. How about health care? Did you use your health card? You can get your records from health care stating when you've used their services.

As for entering, may I repeat my reply from the last post: "When you fly, you show your UK passport but when you arrive in Canada, show your PR card too. Say you were outside Canada for 1 year and therefore haven't been able to renew. As a PR, you are allowed to be outside for up to 3 years in any 5 year period."

You should not try to enter Canada as a tourist because they will scan your passport and it will pop up on their computer right away that you are a PR so they will think you have something to hide trying to pass yourself off as a tourist, that maybe you don't meet the residency requirements. You have nothing to hide so you are better off showing your expired PR card, saying you are a PR and that you still meet the requirements because you were only gone for a year.

Of course it is up to you if you want to move to Canada again. If you want to keep your PR, you would need to move back in the next couple of years at the latest before you reach a total of 1095 days outside Canada in the previous 5 years.

 

[worriedanxious007]

Many thanks for your thoughtful reply. I was told they do not see residency status through passport. I have a new passport since I applied for residency originally. Are you certain they see residency status when scanning passport

 

[Leon]

Many thanks for your thoughtful reply. I was told they do not see residency status through passport. I have a new passport since I applied for residency originally. Are you certain they see residency status when scanning passport

They may go by other info than the passport number like your name and birthdate. Why do you want to hide the fact that you are a PR? You meet the residency requirements so what is the problem?

 

[worriedanxious007]

I guess I'm just really worried that if I wait another year out of country it'll be two years out of country and a year past expiry, then when I get to customs they'll see my PR card is a year past expiry and I'll have a nightmare time going through it all.

 

[Leon]

It's up to you but if you choose to not show your PR card and they realize you are, they will be grilling you about why you would try to hide the fact that you are a PR and they will definitely think that you don't meet the residency requirements. However, the worst they can do would be to report you but still let you enter so if that happens, you would have a month to prove that you meet the requirements and appeal for your PR.

You could also apply for a PR travel document at the Canadian embassy before you go.

 

[worriedanxious007]

You've really put my mind at rest, thank you so much

 

[worriedanxious007]

Hi again Leon I think you are the popular one in this forum!!! Can I ask you another question, I took your advice, I am not going to use a lawyer as it doesn't seem so necessary afterall. Been researching, I do not have my original landing certificate. I was approved in 2008 i only have my permanent residence card. I saw that I need this landing certificate and I am confused now should I apply for a verification of status or is that for cases before 2007?
Also, about the tax advice you gave me, again I am going to listen to you and sort that out. I know a good accountant in Toronto, and he can sort my taxes from here starting this week. I saw I need NOA forms, and I don't have those, so am I best to just file through the accountant and then wait for some sort of official document from the government? I feel very confused about all this.
If I was to make a quick trip over in September before the October expiry I am not sure I could have all the documents I need within a week stay, hence why I think I should start the processes from over here first and wait til the documents arrive then send them to my best friend in Canada and have her post them from within Canada for me, and just make the trip back there when it comes to picking up the card?
THANKS AGAIN!!!!

 

[worriedanxious007]

PS: I have a Canadian postal address at my best friend's there, just to clarify, all post would be going to hers from the government and tax officer

 

[Leon]

If I was to make a quick trip over in September before the October expiry I am not sure I could have all the documents I need within a week stay, hence why I think I should start the processes from over here first and wait til the documents arrive then send them to my best friend in Canada and have her post them from within Canada for me, and just make the trip back there when it comes to picking up the card?

Yes, that sounds like a good idea. They can not refuse your renewal application just based on you not being in Canada.

As for the taxes, yes, get them all filed and wait until you get something official back.

As for the landing papers, apply for a VOS because you may need it later, if not when applying for renewal then when you apply for citizenship if you ever do.

 

[worriedanxious007]

Final question!!!! Do CIC know the exact date I left Canada a year ago? I'm not into deception but if I returned to file I'd only have a stamp to show my entry back in to Canada, could I say I left at a, later date or will they find this out?
Best wishes, thanks again