Questions regarding expired PR card and renew PR

[superzzzxx]

Hi there,
I am an australian citizen, I obtained my canadian PR in feb 2011, and it's going to expire in a few days. I am currently in australia, can I still go back to canada in June this year with my expired PR card, by plane? Australia passport is visa exempt to enter canada, but I read there is a march 2016 change that prevent me from going back by plane, can you explain what does this mean?

I lived in canada from feb 2011- april 2014(more than 3 years over the past 5 years), however, I lost my australia passport a few months ago and just got a brand new blank passport with no travel histories. I read from CIC that in order to renew my PR card, I need to provide them my travel history for the past 5 years(every passport page for the last 5 years) to proof I have lived in canada for more than 2 years since 2011. Since I can't provide it due to lose of my old passport, am I still eligible to renew my PR card?


Any answers would be greatly appreciated.

Thank you very much

 

[scylla]

You are only eligible to renew your PR card if you meet the residency requirement (the loss of your passport does nothing to change that - if you can't prove your Canadian residency through your passport then you will be expected to provide other proof such as flight tickets, proof of employment in Canada, proof you rent/own property in Canada, utility bills from Canada, bank statements/credit card statement - this isn't something you can lie your way through). Or alternatively, if you have been living outside of Canada with a Canadian citizen spouse all of this time - or were transferred by a Canadian company from a job in Canada to a job in Australia - then you may be able to apply to renew. Otherwise you're not eligible.

You will not be able to return to Canada in June using your expired PR card since the new ETA process will be in place by then. You would have to either formally give up PR status so that you can obtain ETA and come to Canada as a temporary visitor only. Or you can try applying for a Travel Document so that you can return to Canada as a permanent resident. However unless there are circumstances that prevented you from returning to Canada to meet the residency obligation (working or studying outside of Canada doesn't count), the TD will be refused.

If you want to try to salvage your PR status by flying to Canada, you need to get here before March 15th. Even then, it's not guaranteed to work out.

 

[Rob_TO]

You meet the residency obligation (you could technically stay in Australia until March 2017 and still qualify), so as I see you have 2 options only if you intend to travel after March 15, 2016:

1. As mentioned above, apply for the PR Travel Doc to fly directly to Canada. In addition to the proofs mentioned above, you can also try getting your immigration entry/exit records from each country you traveled to and from over the past 5 years. As long as you can satisfy CIC you meet the RO, you can get the TD.

2. Skip the TD, and instead fly to a US city close to the Canadian border. Then rent a car or have someone pick you up, and drive into Canada. CBSA can determine your PR status with your passport and COPR landing paper. They should also be able to review your travel history to confirm you meet the RO if they question it (this may require a trip to secondary inspection).

 

[superzzzxx]

You meet the residency obligation (you could technically stay in Australia until March 2017 and still qualify), so as I see you have 2 options only if you intend to travel after March 15, 2016:

1. As mentioned above, apply for the PR Travel Doc to fly directly to Canada. In addition to the proofs mentioned above, you can also try getting your immigration entry/exit records from each country you traveled to and from over the past 5 years. As long as you can satisfy CIC you meet the RO, you can get the TD.

2. Skip the TD, and instead fly to a US city close to the Canadian border. Then rent a car or have someone pick you up, and drive into Canada. CBSA can determine your PR status with your passport and COPR landing paper. They should also be able to review your travel history to confirm you meet the RO if they question it (this may require a trip to secondary inspection).

Hi Rob
Thanks for your reply, I really appreciate it. Do you mean if I have a COPR and passport with me, I can go back to canada via US/Canada border anytime after 15th march, 2016? Can I still get into canada in year 2017, 2018? If so, I will have no problem getting into canada I guess. but Is there any chance that they will report me for investigation of RO?

 

[superzzzxx]

You are only eligible to renew your PR card if you meet the residency requirement (the loss of your passport does nothing to change that - if you can't prove your Canadian residency through your passport then you will be expected to provide other proof such as flight tickets, proof of employment in Canada, proof you rent/own property in Canada, utility bills from Canada, bank statements/credit card statement - this isn't something you can lie your way through). Or alternatively, if you have been living outside of Canada with a Canadian citizen spouse all of this time - or were transferred by a Canadian company from a job in Canada to a job in Australia - then you may be able to apply to renew. Otherwise you're not eligible.

You will not be able to return to Canada in June using your expired PR card since the new ETA process will be in place by then. You would have to either formally give up PR status so that you can obtain ETA and come to Canada as a temporary visitor only. Or you can try applying for a Travel Document so that you can return to Canada as a permanent resident. However unless there are circumstances that prevented you from returning to Canada to meet the residency obligation (working or studying outside of Canada doesn't count), the TD will be refused.

If you want to try to salvage your PR status by flying to Canada, you need to get here before March 15th. Even then, it's not guaranteed to work out.

Can you explain what the new eTA is? Can I still go back to canada via US/canada border on a rental vehicle in june 2016, or even 2017? Thank you very much.

 

[dpenabill]

eTA means "electronic Travel Authorization"

Visa exempt travelers had been, until August last year, able to board a flight destined for Canada by presenting a visa-exempt passport. An Australian passport for example. (Technically this did not meet the requirements, but as a practical matter it was how it worked.)

The eTA program is similar to one that the U.S. has been using for several years, pursuant to which the traveler must obtain an electronic authorization before his or her visa-exempt passport will suffice for the airlines to allow the passenger to board a flight.

PRs are not eligible for eTA even if they have a visa-exempt passport. The airlines must not allow a PR to board a flight destined for Canada unless the PR presents either a valid PR card or a PR Travel Document.

The eTA program was implemented in August 2015 but is not mandatory for four more weeks (mid-March). Whether this means a PR could, for the next four weeks, for sure board a flight to Canada by displaying a visa-exempt passport without eTA, I highly doubt. The airlines could, for sure, allow such a traveler to board a flight. Whether the airlines will or not I believe is subject to which airline, where the flight originates, and other factors.

In any event, a month from now it is for sure: even those PRs (other than those who are an American citizen) who have a visa-exempt passport will need a currently valid PR card or a PR Travel Document to board a flight to Canada.

But as noted, those who carry a passport or have a visa which allows travel to the U.S. can still work around the requirement of having a PR card or PR TD, by traveling via the U.S. and then using private transportation to cross a land border into Canada. At the POE, presentation of passport plus CoPR or an expired PR card will establish identity and status and the traveler will be allowed entry into Canada.

PRs who do not have a currently valid PR card, however, are more and more likely to be examined, at the POE, regarding compliance with the PR Residency Obligation. Good idea to be carrying some documentation which shows when you were in Canada, like employment or tax records, something to show where you were living, so that if there is a question about compliance with the PR RO you can sufficiently show when you were in Canada.

You will not be able to return to Canada in June using your expired PR card since the new ETA process will be in place by then. You would have to either formally give up PR status so that you can obtain ETA and come to Canada as a temporary visitor only. Or you can try applying for a Travel Document so that you can return to Canada as a permanent resident. However unless there are circumstances that prevented you from returning to Canada to meet the residency obligation (working or studying outside of Canada doesn't count), the TD will be refused.

If you want to try to salvage your PR status by flying to Canada, you need to get here before March 15th. Even then, it's not guaranteed to work out.

I suspect scylla overlooked that you could be remain abroad until April 2017 without being in breach of the PR Residency Obligation, since you were present in Canada for the two years prior to leaving in April 2014.

That said, the burden of proving you are in compliance with the PR RO is on you. Just saying so don't make it so.



Whether to apply for a PR TD or travel via U.S.:

To some extent this depends on what proof you have to submit with the application for the PR TD. If you have a decent amount of proof, there is no reason to not just apply for the TD (when you are ready to travel to Canada) and be sure to submit documentation showing compliance with the PR Residency Obligation.

If you remained in Canada without leaving at all for the last two years you were here, in Canada, you have until the third year anniversary of the day you left to return (you indicate leaving April 2014, giving you up to April 2017 to get back). Cutting it close, however, risks things going awry. And, for example, if you apply for a PR TD just shortly before the three year mark, you will still need to travel before the three year mark to be technically in compliance when you arrive at the POE.

 

[Rob_TO]

Hi Rob
Thanks for your reply, I really appreciate it. Do you mean if I have a COPR and passport with me, I can go back to canada via US/Canada border anytime after 15th march, 2016? Can I still get into canada in year 2017, 2018? If so, I will have no problem getting into canada I guess. but Is there any chance that they will report me for investigation of RO?

The residency obligation rule is that you must be able to spend any rolling 2 out of 5 years in Canada. So the longest time you can be away from Canada without violating the RO, is up to 3 years maximum. Based on your post, that will happen for you around April 2017 (assuming you left Canada April 2014). And if you did spend the full 3 years outside Canada, you would then need to live in Canada for a full 2 years without leaving to maintain your RO compliance.

If you are in violation of the RO, then even if you try to cross a land border into Canada you can still be reported by CBSA for not meeting RO. If this happens you would be allowed into Canada, but have to do a hearing with CIC where they will decide if your PR status will be revoked. Whether or not you're reported, really depends on the CBSA officer you happen to get.

 

[superzzzxx]

I left canada in april 2014, but since I lost my passport, I don't have proof I left canada in April 2014 anymore.
Does the canada border or canadian immigration have record of me leaving in april 2014?
If they have a record, then I suppose I meet the RO automatically. thanks.

 

[superzzzxx]

You meet the residency obligation (you could technically stay in Australia until March 2017 and still qualify), so as I see you have 2 options only if you intend to travel after March 15, 2016:

1. As mentioned above, apply for the PR Travel Doc to fly directly to Canada. In addition to the proofs mentioned above, you can also try getting your immigration entry/exit records from each country you traveled to and from over the past 5 years. As long as you can satisfy CIC you meet the RO, you can get the TD.

2. Skip the TD, and instead fly to a US city close to the Canadian border. Then rent a car or have someone pick you up, and drive into Canada. CBSA can determine your PR status with your passport and COPR landing paper. They should also be able to review your travel history to confirm you meet the RO if they question it (this may require a trip to secondary inspection).

Another questions is, I only have an expired PR card with me now and I lost the Cofirmation of PR document/paper. Can I still apply for a replacement of the Verification of Status document(Confirmation of Permanent Residence (IMM 5292) )with my current status?(PR card expired, outside canada).

thank you very much

 

[superzzzxx]

eTA means "electronic Travel Authorization"

Visa exempt travelers had been, until August last year, able to board a flight destined for Canada by presenting a visa-exempt passport. An Australian passport for example. (Technically this did not meet the requirements, but as a practical matter it was how it worked.)

The eTA program is similar to one that the U.S. has been using for several years, pursuant to which the traveler must obtain an electronic authorization before his or her visa-exempt passport will suffice for the airlines to allow the passenger to board a flight.

PRs are not eligible for eTA even if they have a visa-exempt passport. The airlines must not allow a PR to board a flight destined for Canada unless the PR presents either a valid PR card or a PR Travel Document.

The eTA program was implemented in August 2015 but is not mandatory for four more weeks (mid-March). Whether this means a PR could, for the next four weeks, for sure board a flight to Canada by displaying a visa-exempt passport without eTA, I highly doubt. The airlines could, for sure, allow such a traveler to board a flight. Whether the airlines will or not I believe is subject to which airline, where the flight originates, and other factors.

In any event, a month from now it is for sure: even those PRs (other than those who are an American citizen) who have a visa-exempt passport will need a currently valid PR card or a PR Travel Document to board a flight to Canada.

But as noted, those who carry a passport or have a visa which allows travel to the U.S. can still work around the requirement of having a PR card or PR TD, by traveling via the U.S. and then using private transportation to cross a land border into Canada. At the POE, presentation of passport plus CoPR or an expired PR card will establish identity and status and the traveler will be allowed entry into Canada.

PRs who do not have a currently valid PR card, however, are more and more likely to be examined, at the POE, regarding compliance with the PR Residency Obligation. Good idea to be carrying some documentation which shows when you were in Canada, like employment or tax records, something to show where you were living, so that if there is a question about compliance with the PR RO you can sufficiently show when you were in Canada.



I suspect scylla overlooked that you could be remain abroad until April 2017 without being in breach of the PR Residency Obligation, since you were present in Canada for the two years prior to leaving in April 2014.

That said, the burden of proving you are in compliance with the PR RO is on you. Just saying so don't make it so.



Whether to apply for a PR TD or travel via U.S.:

To some extent this depends on what proof you have to submit with the application for the PR TD. If you have a decent amount of proof, there is no reason to not just apply for the TD (when you are ready to travel to Canada) and be sure to submit documentation showing compliance with the PR Residency Obligation.

If you remained in Canada without leaving at all for the last two years you were here, in Canada, you have until the third year anniversary of the day you left to return (you indicate leaving April 2014, giving you up to April 2017 to get back). Cutting it close, however, risks things going awry. And, for example, if you apply for a PR TD just shortly before the three year mark, you will still need to travel before the three year mark to be technically in compliance when you arrive at the POE.

I only have an expired PR card with me now and I lost the Cofirmation of PR document/paper. Can I still apply for a replacement of the Verification of Status document(Confirmation of Permanent Residence (IMM 5292) )with my current status?(PR card expired, outside canada).

thank you very much

 

[Rob_TO]

I left canada in april 2014, but since I lost my passport, I don't have proof I left canada in April 2014 anymore.
Does the canada border or canadian immigration have record of me leaving in april 2014?
If they have a record, then I suppose I meet the RO automatically. thanks.

As I mentioned, you can request your entry/exit records from each country you resided in since 2014. So for example if you left Canada for Australia in April 2014, the immigration records from each county should show this.

It will not be "automatic" though. The burden of proof is on you to show you meet the RO, so you should get these documents and any other proof that you lived in Canada from 2011 - 2014, if you intend to apply for a PR Travel Doc.

 

[Faiz uddin]

PR Renewal

Hello, I Got my PR card In 2010 , that Expired in 2015. I want To Reapply On Humanitarian Grounds.
I have applied For my PRTD.
My Basic Point is :
1) I Was 15 Years old When my Parents Came Back to pakistan And i Was Dependent on them. Now i Want to Re Apply On Individual basis.. What are my chances. And for How long One has to Wait for A Reply. I mean You cant Survive Without PR...

 

[Rob_TO]

Re: PR Renewal

Hello, I Got my PR card In 2010 , that Expired in 2015. I want To Reapply On Humanitarian Grounds.
I have applied For my PRTD.
My Basic Point is :
1) I Was 15 Years old When my Parents Came Back to pakistan And i Was Dependent on them. Now i Want to Re Apply On Individual basis.. What are my chances. And for How long One has to Wait for A Reply. I mean You cant Survive Without PR...

Chances are pretty good since being removed as a minor and then wanting to return shortly after reaching age of majority is a very common H&C reasons that is usually accepted.