PRO and PR Card Renewal - how can it work?

[lynkcus]

Dear all

I've been browsing many threads regarding this topic and I've made this summary:

- If you do not meet the PRO when you land in Canada, you might be reported by the officers at the borders.
- If you DO get reported then you can still enter, but you will eventually get into a PR revoking process.
- If you DO NOT get reported (meaning you are lucky), you must not go out of the country for the next 2 years before you renew your PR card.

My question is that if someone already spends >3 years outside of Canada, then by the time they enter Canada, they should have <2 years left before the PR card expires. Which means they will need to apply for a renewal as the expired date comes. So, even if you can get slipped in without being reported, how can you renew your PR card (my understanding is that, once you file your application they will look at your file and KNOW IT ANYWAY) if you did not meet the PRO?

Does anyone have experience renewing the PR card even if they didn't meet the PRO?

Many thanks for your time and support in this matter.

 

[Buletruck]

If you are in Canada, and don’t need/plan on travelling outside Canada, a PR card is not required. It’s a travel document. If you don’t meet RO, don’t renew until you do!

 

[dpenabill]

Dear all

I've been browsing many threads regarding this topic and I've made this summary:

- If you do not meet the PRO when you land in Canada, you might be reported by the officers at the borders.
- If you DO get reported then you can still enter, but you will eventually get into a PR revoking process.
- If you DO NOT get reported (meaning you are lucky), you must not go out of the country for the next 2 years before you renew your PR card.

My question is that if someone already spends >3 years outside of Canada, then by the time they enter Canada, they should have <2 years left before the PR card expires. Which means they will need to apply for a renewal as the expired date comes. So, even if you can get slipped in without being reported, how can you renew your PR card (my understanding is that, once you file your application they will look at your file and KNOW IT ANYWAY) if you did not meet the PRO?

Does anyone have experience renewing the PR card even if they didn't meet the PRO?

Many thanks for your time and support in this matter.

I concur in the response from @Buletruck.

Additional observations:

Validity or expiration date on PR card is NOT relevant in assessing compliance with the PR Residency Obligation.

PR card expiry date has no more relevance than a passport expiration date is relevant to a person's status as a citizen. It is NOT like a drivers license.

As @Buletruck observed, for a PR present in Canada there is NO need to apply for or obtain a new PR card just because the PR's current card expires. Moreover, it is generally foolish to apply for a new PR card unless and until the PR is clearly in compliance with the PR RO.

Thus, if somehow a PR who has breached the PR RO (such as by being outside Canada 1095+ days between date of landing and the fifth year anniversary of that day; or after the fifth year anniversary of landing by being outside Canada 1095+ days within the preceding five years) has managed to come to Canada and was allowed to enter without being reported for the breach, the conventional wisdom is DO NOT APPLY for a PR card until the breach is cured.

In particular, a PR who has been outside Canada for three years since last being in Canada will need to stay and wait for a full two years to be in compliance.


PR card applications for a PR in breach of PR RO:

For a PR who is in breach of the PR RO, the PR can include information and documentation with the PRC application showing there are H&C reasons why his or her PR status should NOT be terminated. This is RISKY. H&C cases are almost all tricky and most, the large majority, are difficult.

If the PR in breach is able to return to Canada without being reported, and still has a valid PR card but one which will expire somewhat soon, best to be sure to get things like a drivers license and apply for health care coverage before the card expires. And then NOT travel outside Canada again until the PR has met the PR RO and obtained a new PR card. (Technically the PR could travel outside Canada as soon as the PR is in compliance with the PR RO, but that will require relying on obtaining a PR Travel Document to fly back to Canada.)

 

[vensak]

One more thing to add.
If you are in a breach of RO, you cannot also apply for any sponsorship (spouse, children, parents or grand parents). Doing it is the same thing as applying for PR card renewal. It will attract attention and it can start PR removal process.