PR renewal (Living outside Canada)

[Ell Procter]

Hi,
please note that i have my PR card already and did the landing in Jan 2009 but i did not move to Canada yet as i am bind to a work contract, my PR card expires on Jan 2014. I would like to know if let us say i will go Dec 2013 and stay there for good would this work, i mean what will happen if my card expires and i am in Canada, would i be kicked out (if i did not achieve the 730 days within 5 years?) or they will extend it for me.
Can you please let me know how to proceed with the renewal.

Regards

 

[Leon]

If you want to meet the residency requirements, you need to move to Canada no later than Jan 2012. If you don't, you risk getting caught when you enter Canada. They may ask you how long you were gone, see if you look nervous etc. and if they think that you do not meet the residency requirements or you admit that you don't, they may take action to revoke your PR. You could appeal this but a job contract is not considered a compelling reason.

If you get into Canada without any questions being asked of you, you should stay put for 2 years because then you meet the requirements again and can apply to renew your PR card without risk. If you try to renew your PR card before you have the required 2 years, you risk your PR getting revoked etc.

 

[zero]

Hi Leon,

I have almost same problem. With EU passport , is it possible to come Canada without show PR card and stay more then 730 days and apply for renewal ?
do you think they will caught that I have one year left to expire my PR card?

 

[Leon]

If you enter Canada as a visitor without telling them that you are really PR, you are in fact misrepresenting yourself at the time of entry but I have absolutely no idea if they take that seriously.

The operational manuals for immigration state that if you apply to renew your PR card and can prove that you resided in Canada for 730 days in the past 5 years, they can not look at any other period. They even state that if a PR was outside Canada for years, comes back and stays for 730 days, he can apply to renew.

The other thing I don't know is if they will ask you how you got to Canada, possibly with an expired PR card or at the very least without meeting the residency requirements. They might not be happy if you jumped a fence or entered as a visitor to avoid being checked on entry but I do not know if they would do anything about it. I have never heard of a case of someone being caught for something like that and either getting in trouble or not getting in trouble because of it.

 

[Alabaman]

The other thing I don't know is if they will ask you how you got to Canada, possibly with an expired PR card or at the very least without meeting the residency requirements.

He still has 1 year left on his PR Card... so that's good.

do you think they will caught that I have one year left to expire my PR card?

 

[zero]

Hi Leon and Albaman,

Thanks for your advice and time. I got my PR in 2008 july and it will expire 2013. I came also 2008 and stay 4 days and return to EU. Now I am here for 3 weeks for to judge the job opportunities. I am SAP Consultant in EU. I want to move in june 2012 finally. I could not move right now, because I am also under medical treatment also over there. So I have just one year left for my PR. When next year I will finally move, could I declare my household things to customs. That time I landed in July 2008, I told that I am not finally move and want to move after 3 years and when I finally move, I will declare my household things. Do you think, when I will come next year, I will do that?, If I do that, will they ask me that you have just one year left, and you did not fulfill the residency requirements! Should I left my things in EU???? Please give me suggestion!

thanks in advance guys.

 

[Leon]

If you show up with a list of goods to follow and tell them you are now finally moving to Canada with one year left on your PR card, they know you can not meet the residency requirements and they might start proceedings to revoke your PR. You would be able to appeal for it based on having been sick and under medical treatment perhaps but nobody can guarantee you that you win the appeal.

 

[steaky]

zero, you can declare your household things to customs. Make sure you prepare a list of items with a B4E form and submit them at time you return to Canada. The B4 will be stamped and you need the stamped B4 for clear customs when your goods are arrived in Canada.

 

[ahmede]

My wife and my PR expired on August 2013 together with my 14 years son. Is my son going to lose his PR when grows up or is he going to renew it any time in the future
Ahmed Mansour

 

[Leon]

My wife and my PR expired on August 2013 together with my 14 years son. Is my son going to lose his PR when grows up or is he going to renew it any time in the future
Ahmed Mansour

When your son reaches the age of 18-19, he can go and apply for a PR travel document based on having been removed from Canada as a minor. His chances of getting it are pretty good. If he gets it, he can go to Canada, stay for 2 years straight and his PR status will be back in good standing, another year and he can apply for citizenship. If he wants to live in Canada as an adult, he should study in Canada. It will make it easier for him to get a job.

 

[frege]

When your son reaches the age of 18-19, he can go and apply for a PR travel document based on having been removed from Canada as a minor. His chances of getting it are pretty good. If he gets it, he can go to Canada, stay for 2 years straight and his PR status will be back in good standing, another year and he can apply for citizenship. If he wants to live in Canada as an adult, he should study in Canada. It will make it easier for him to get a job.

Leon, do you know how H&C cases like this have been turning out?

ENF 23 says this:

Minors who left in order to accompany parents

Under the former Immigration Act, 1976, if a child under 18 years of age left Canada with their
parents and, after becoming an adult, sought to re-enter Canada as a permanent resident,
jurisprudence dictated that the person could not have formed the intent to abandon Canada as a
child and therefore retained permanent resident status.
Under IRPA, intent to abandon is no longer the test for retaining permanent resident status.

Therefore, the inability to form intent no longer results in automatic retention of permanent
resident status. The new test requires that H&C considerations be taken into account. Although
the reasons for leaving and remaining outside Canada may be considerations, the fact that a
minor did not have the intention to abandon Canada or left as a dependent child is not
determinative.

 

[Leon]

Leon, do you know how H&C cases like this have been turning out?

ENF 23 says this:

I have seen several posters here say that they got it.

 

[ahmede]

I and my wife got a PR while I am working in a Gulf state. I landed in Canada in 2008 but I could not stay because I did not get a job in Canada and my wife has cancer (CML) and we have very generous medical insurance in the Gulf state where I work and therefore she is treated very well . Her treatment is very expensive. I have bank account (TD) in Canada from which I transfer money regularly to the accounts of my two sons who are studying there. Do we have any chance to restore our PRs? Thanks for your response above

 

[Leon]

I and my wife got a PR while I am working in a Gulf state. I landed in Canada in 2008 but I could not stay because I did not get a job in Canada and my wife has cancer (CML) and we have very generous medical insurance in the Gulf state where I work and therefore she is treated very well . Her treatment is very expensive. I have bank account (TD) in Canada from which I transfer money regularly to the accounts of my two sons who are studying there. Do we have any chance to restore our PRs? Thanks for your response above

Canadians are very proud of their health care so immigration may not see your need to stay outside Canada in order for your wife to get treatment. I assume your wife did not have cancer since 2008 or she would not have passed the medicals for her PR. You say initially you did not stay in Canada because you could not get a job. You should never try to use that reason to immigration because they will not see that as a good excuse. They would ask if you could not find a job then, what makes you think you can find one now.

In any case, you can not apply for anything until your wife is better and you are ready to return to Canada. Then you can apply for a PR travel document based on H&C grounds stating that you could not return to Canada because of her ongoing cancer treatment. I can not tell you what your odds are. If you get the travel document, you can return to Canada and you keep your PR. If not, you will lose it.

One of your sons may be able to sponsor you for PR again when the parents sponsorship opens again and he is an adult and making enough money to support himself and you at the same time if needed. However, for a new PR, you would have to pass the medicals again.

 

[ahmede]

Thanks for your response. You advised me "In any case, you can not apply for anything until your wife is better and you are ready to return to Canada. Then you can apply for a PR travel document based on H&C grounds stating that you could not return to Canada because of her ongoing cancer treatment". Could you please tell me: what are H&C grounds and how, when and where and to whom can I apply for a PR travel document. Thanks a lot for the enlightenment you provide to me.