PR Renewal (Minimum Stay Requirement Not Met!!)

[Peace Lover]

Hello,

My family and I landed in Canada years ago and could not meet the stay requirement. We still have our PR status thought because I did not renounce the PR.

1) What are my chances to renew the PR and get back to Canada and meet the stay requirement? The reason why I left is to take care of my sick mother who fled the war in my home country. I also have a Canadian son and a property in Canada so not sure if this will support my case to go back to Canada.

2) I recently got another passport which does not require a visa to enter Canada. Can I use it to enter and then stay until we met the stay requirement or this will create some confusion at the boarders/my immigration file?

 

[ttrajan]

When did you land and how many days stayed in canada?

 

[Peace Lover]

In 2010 and the days spent are less than a year in total during which 2 kids were schooled for two terms.

 

[ttrajan]

Stay in Canada for 2 years and apply for renewal of PR card.

 

[Peace Lover]

But we are out of Canada now and this is why I posted this question

 

[ttrajan]

With your visa exempt passport, you can enter canada.

 

[polara69]

But we are out of Canada now and this is why I posted this question

Well, then you have to come back and stay two years..you cannot renew without the necessary days.

 

[Leon]

1) Taking care of sick mother is H&C (humane and compassionate) grounds but you must have documents to prove it. Having a Canadian child or even if it were several or having property, one or more will not help.

2) When you are ready to return to Canada, you can enter with your visa exempt passport but you can bring your expired PR card and landings papers and explain to immigration about your situation. They may decide to report you for not meeting the RO in which case you appeal because you were taking care of your mother and if you can prove it, you have a decent chance at winning your appeal. If they don't report you, you can stay 2 years and then renew your PR card.

 

[Peace Lover]

Thank you so much Leon. Your answers are always clear and helpful hence I will ask few more questions, please:

1) What kind of documents do I need to present to prove that I am taking care of my mother?
2) How long does it take to get the decision?
3) Will my PR status be affected if the H&C application was rejected?
4) If it is rejected and we lost the PR status, can we re-apply for immigration from scratch or I will lose this opportunity for life? (I copied the below from the CIC website).
5) If we lost the PR status based on the rejection of our H&C application, can the kids reclaim the status when they are 16?


What happens if I renounce my permanent resident status?

If you renounce your permanent resident status, you will permanently change your status in Canada as of the day your application is approved by an officer. You will no longer be a permanent resident of Canada. You will no longer be eligible to apply for Canadian citizenship. Any application for Canadian citizenship that is still in process will be refused.

 

[RamaM]

Good Day,

I have the following questions about PR Renewal for my Daughter and wife.

We received our PR cards in May 2011 which expires in May 2016. I have moved in May 2012 to Canada, Since then I am a resident of Canada. By staying in Canada I have become eligible for renewal of PR. However due to my first daughter's pregnancy issue I could not move my second daughter and wife to Canada. But they have been visiting almost every year for 45 days in an year. They might have accumulated about 160 days in Canada

I would like to bring my second daughter and my wife in Sep 2015, which means less than a year left for expiry of their PR. My second daughter is in her 12th Grade. If I put her in a school in Canada, what will happen to her PR status once the PR card expires.

1. Does she have to leave country? If she has to then she will not be able to complete her 12th Grade and she may loose an Year.
2. Will she get bad remarks in Immigration records by staying longer.

The other option could be to apply again under spousal sponsor category once the PR renewal becomes due and bring them into Canada once they get new PR.

3. What are the chances to obtain new PR under spouse sponsorship category?

Third option could be to apply for citizenship for me and my second daughter by Aug 2016 and bring her once citizenship is approved. By end Sep 2016 she will be 18.

4) Since she will be above 18 soon after I apply for citizenship, will it affect my citizenship application?

Kindly reply to my above 4 queries.

 

[Msafiri]

Good Day,

I have the following questions about PR Renewal for my Daughter and wife.......

Its best not to hijack someone's post but start a new post with your queries.

1. Nothing will happen when her card expires. She remains a PR. You like many PRs have the mistaken belief that a valid PR Card equates to valid PR Status. Your PR status is primarily dependent on you not breaching the Residence Obligation (or any other ground of inadmissibility). Your daughter can continue her studies.

2. No. Actually CIC and the courts take the view that staying in Canada is best. That's why PR was issued. Its not a glorified visitors visa.

3. It depends on qualifying under the rules that will be in place then and passing the relevant medical and background checks. You mention a medical issue with your child which may complicate matters. Other Key change in recent legislation was reducing the age of a dependent minor to under 19 unless the dependency is due to medical reasons.

4. CIC will 'lock her age' in as the citizenship application will be prior to her being 18 so all should be ok. As things stand she will have to submit proof of language testing and she will also have a knowledge test conducted by CIC. She must also not have any issues with her PR status - see my caveat below.

All responses above assume she is not reported for breach of the RO when she returns back to Canada. If reported and no appeal or she loses appeal then no dice on staying in Canada or inclusion in the citizenship application. Without getting into your business it may be best to check how the medical condition you mention can be dealt with in Canada and move your family back promptly.

 

[Leon]

Thank you so much Leon. Your answers are always clear and helpful hence I will ask few more questions, please:

1) What kind of documents do I need to present to prove that I am taking care of my mother?
2) How long does it take to get the decision?
3) Will my PR status be affected if the H&C application was rejected?
4) If it is rejected and we lost the PR status, can we re-apply for immigration from scratch or I will lose this opportunity for life? (I copied the below from the CIC website).
5) If we lost the PR status based on the rejection of our H&C application, can the kids reclaim the status when they are 16?


What happens if I renounce my permanent resident status?

If you renounce your permanent resident status, you will permanently change your status in Canada as of the day your application is approved by an officer. You will no longer be a permanent resident of Canada. You will no longer be eligible to apply for Canadian citizenship. Any application for Canadian citizenship that is still in process will be refused.

1. Medical records about her illness and how much care she needs. Statements from doctors saying that they know you to be taking care of you from date1 until date2.

2. If you enter Canada, get reported and appeal, it can take 1 to 2 years to get a result. During that time, you are still a PR and can and should stay in Canada to show your intention of settling if you get to keep your PR.

3. Yes, if you lose the appeal, you lose your PR.

4. If it is rejected, you can apply again if you qualify. Keep in mind that immigration rules are changing constantly so you may no longer be eligible under the immigration class you applied under before.

5. If the kids get reported on entry, add to their reasons not just H&C but also removed from Canada as a minor by a parent. They may be allowed to keep their PR status. If their PR status has been revoked as well, it's gone. If the kids status doesn't get revoked, say they continue to stay outside Canada and simply do not meet the RO, they can try to return with a visa exempt passport and see if they get in or if they get reported just like you would be doing now. If reported, they can appeal stating removed as a minor. In the past, removed minors have had good chances at keeping their PR. This seems to be changing though. Immigration seems to be less accepting now that a minor who possibly only ever landed in Canada and never attended school or lived here for any amount of time would be affected by losing their PR.

What happens if you renounce your PR status is that you simply would no longer be a PR.

A better way if you want to force a decision on your PR status without taking a chance of coming to Canada and seeing if you get reported would be to apply for a PR travel document at the Canada visa office in your country. The visa office will decide on your H&C reasons and either give you a travel document or deny it. If they give you one, you can return to Canada as a PR and apply for a new PR card. You should however stay for two years in order to meet the RO before you think about leaving again so you should not do this until the issue with your mother is resolved. If your travel document is denied, you can appeal it but if the appeal is denied, you lose your PR.

 

[Leon]

Good Day,

I have the following questions about PR Renewal for my Daughter and wife.

We received our PR cards in May 2011 which expires in May 2016. I have moved in May 2012 to Canada, Since then I am a resident of Canada. By staying in Canada I have become eligible for renewal of PR. However due to my first daughter's pregnancy issue I could not move my second daughter and wife to Canada. But they have been visiting almost every year for 45 days in an year. They might have accumulated about 160 days in Canada

I would like to bring my second daughter and my wife in Sep 2015, which means less than a year left for expiry of their PR. My second daughter is in her 12th Grade. If I put her in a school in Canada, what will happen to her PR status once the PR card expires.

1. Does she have to leave country? If she has to then she will not be able to complete her 12th Grade and she may loose an Year.
2. Will she get bad remarks in Immigration records by staying longer.

The other option could be to apply again under spousal sponsor category once the PR renewal becomes due and bring them into Canada once they get new PR.

3. What are the chances to obtain new PR under spouse sponsorship category?

Third option could be to apply for citizenship for me and my second daughter by Aug 2016 and bring her once citizenship is approved. By end Sep 2016 she will be 18.

4) Since she will be above 18 soon after I apply for citizenship, will it affect my citizenship application?

Kindly reply to my above 4 queries.

1. No, she is still a PR even if her card expires. She may however have a problem if she wants to later attend college with an expired PR card. They will likely want proof of valid PR status in order to enroll her. She could however take a year off and work for a bit. Working odd jobs is a good way to teach youth the value of a good education.

2. No, she will not have any problems with immigration. She should however not apply to renew her PR card while she does not meet the RO.

3. You can sponsor your wife any time as long as she has first officially lost her old PR. You can sponsor your daughter as long as she is under 19. If you want to do this, they can renounce their PR status and then you apply to sponsor them. It may however take months.

I think it would be a better option for you to bring your daughter now and apply for both of your citizenship before she turns 18. If you let her stay outside Canada and let her PR card expire, she may have problems returning to Canada to take the citizenship test and oath. As a minor, she does not have to have lived in Canada for 4 years in order to apply but her PR status may not be in question either.

4. No.