PR urgent need of travelling outside, with less than 730 days residence

[rpk]

Please advise. My friend's father is very ill, and she wants to go and see him, only for a week. She doesn't have the 730 days and her PR , card is expired (6 months for renewal). She leaves her family here. I got advice from Leon saying that she might lose her PR status, but is there any kind of visa that she could obtain from here in case she needs to travel for a short period (not the TD that get from local embassy). I know countries like Australia issue these types of temporary visa for PRs who don't meet the residency requirement, to attend for urgent family matter.
Thanks very much for expert ideas.

 

[scylla]

No - there is no such visa.

The information Leon has provided is accurate and complete. If she leaves, she risks losing her PR status.

 

[rpk]

Thank you very much Scylla for the quick reply. Does anybody have any experience of this situation? Eager to know.
Thank you in advance.

 

[mad_dr]

Hi all. Can I just clarify that the 'risk' mentioned below is solely down to the friend's PR card being expired and the risk that, upon re-entry, immigration might not recognise her PR status?

My understanding of the time obligations as a landed PR immigrant are here: www .canadavisa.com/canadian-immigration-residency-obligations.html

Essentially:
You must live in Canada for at least two years within a five-year period

Which is pretty clear - you can come and go as you please and can retain your PR status (assuming you don't break any other rules, of course) providing that at least ANY 720 days out of a 1825 day period are spent either in Canada (or outside Canada under certain circumstances).

 

[Leon]

Her risk is that she fails to meet the residency obligation and her PR card is expired.

1) If she is visa exempt to Canada, she can board a plane on the strength of her visa exempt passport. When she arrives in Canada, she will show her expired PR card and say she had a family emergency and did not have time to renew before leaving. Immigration will let her enter. They can however if they suspect that she did not meet the 730 days / 5 years residency obligation report her for that and she would have to appeal for her PR.

2) If she is not visa exempt to Canada, she can not board a plane without a valid visa or travel document. If she can get a US visa, she could fly to the US and enter Canada by land. Immigration will let her enter. They can however if they suspect that she did not meet the 730 days / 5 years residency obligation report her for that and she would have to appeal for her PR.

3) As in 2) except she can not get a US visa, the only option now would be to apply for a PR travel document. If she does not meet the 730 days / 5 years requirements and she does not have solid H&C grounds to explain at least enough of her absences to cover that time, she will be refused and her PR will be revoked.


As long as you meet the 730 days / 5 years residency obligation, there is no problem travelling, even with an expired PR card because you can apply for a travel document and you would get it. It does however take a few weeks to get one at some embassies so it can delay your return. Therefore, it is advisable to avoid the hassle of having to apply for a travel document by renewing your PR card before it expires.

I assume that the friend mentioned in the post did not renew her PR card because she did not meet the residency obligation which is the correct approach in that situation. If somebody has stayed outside Canada too long and does not meet the requirements but they are able to enter Canada without being reported, they can put their PR status back in good standing by staying for 2 years straight, even if the PR card expires in the meantime.

 

[complicated]

Complicated - PR renewal Help Leon

I have applied to renew my PR card Sep 26 2015 having 737 days of residency in Canada. I havent received any correspondence from CIC as of today and I need to travel abroad by end of Jan 2016 for 4 month at which time my PR will expire. I can't apply for a PRTD from abroad as I will not be meeting the RO after leaving Canada.

Any advise???? Should I submit a new urgent application with an airline ticket showing my depart (end of Jan) and return (end of May 2016) while my PR is still valid as of now??? Is that an option????

PS: Dont hold a visa exempt passport.

Would appreciate your support.

Thanks