Renewal of nearly expired PR cards without meeting residency obligations

[Leon]

Hi Ryan. If you enter Canada again before your PR card expires, you will most likely be let in. You then have two options,

1) apply to renew your PR card right away using your mothers illness as a reason why you stayed away. I can not tell you what your chances are. They usually accept people who had to take care of a sick relative but in your case, you are not living with your mother taking care of her, you are still living in another country because of work reasons so they may see your mothers illness as a secondary excuse.

2) Take care of your health care, SIN and drivers license when you arrive, then let your PR card expire, stay in Canada for 2 full years and then apply to renew. You now meet the residency requirements again and they will have to renew your PR card.

If you want to enter Canada after your PR card has expired, you would have to apply for a travel document at the Canadian embassy. You will then show your documents regarding your mothers illness and they will decide. If you get it, go to Canada and apply to renew your PR card, if you don't get it, you lose your PR.

If you lose your PR, do not despair because your wife can sponsor you for PR again.

 

[ryan007]

Thanks a lot , Leon for your advise.
Cheers
Ryan

 

[ryan007]

Dear Leon,

It appears in my case:
1. Medical grounds of my mom may not hold good as she is not living with me.However if I have to work in another country (Dubai) to finance the treatment in my country of origin (India) of the life threatening sickness ( breast cancer in secondary stage-4) that she suffers from will it not be considered under H&C grounds.
2. I intent to take short vacations to Canada (2 this year-May and Dec and 1 next year-May before returning for good in October 2013 a month before expiry of my PR card in Nov '13) to meet my wife and son in the interim.
3. Is there a possibility of my PR card being confiscated by the IO on my first short vacation i.e. this May and I reported to the authorities for not meeting 730 days if I donot enter before 7th April 2012 (i.e. the maximum I can stay out of Canada, a single day I stay beyond 7th April 2012, I will be falling short of the 730 days in Canada requirement).
4.The moment my motivation to stay away from Canada (which now is for my moms illness) ceases, can I make an entry (assuming it is after 7th April '12) and plea my case to the IO and the authorites if I am reported, or will I be deported from the airport itself?? What documents do I have to carry to support my case to support my mothers illness and her medical expenses,etc. Would I have to furnish bank/money transaction trial to my mothers account?
5.While applying for PR renewal, do we have to submit copies of all pages of the passport? Or is it only for citizenship applicants? I have copies of the airlines frequent flyer programmes to support my travel dates. Would this suffice?
6.Have come to understand from my wife that in the recent months they have started putting an exit stamp on the passports of people leaving the country. Is it random or is it for passport holders from all countries?


Please give your expert advise based on whatever information you have on the points raised by me above.

Many thanks in advance.

 

[Leon]

1. I think they might say that you could also send your mother money if you were working in Canada. However, I can not say for sure what they will tell you or what will be accepted. Maybe they would accept your reasons.

2.-3. I have heard of PR cards being confiscated but as far as I know, there is actually nothing in the rules that allows them to do that. If somebody accuses you of not meeting the residency requirements, you tell them that you are forced to stay outside Canada because of your sick mother and you will give evidence of that when the time comes to renew your PR card. If they want to confiscate your card, ask them to show you what section of the IRPA allows them to do that. I know a woman who was a Canadian PR but moved to the US. As she went back to visit, an IO wanted to confiscate her PR card but she protested and was allowed to keep it.

4. If you enter Canada while your PR card is still valid, they will in most cases let you in and tell you to clear up your issues as you apply to renew your PR card. If they decide to report you for not meeting the residency requirements, they could do that in which case they will still let you enter Canada and give you some time to put your appeal together.

5. If they ask for your passport, you would have to show it but if you already admit that you didn't meet the residency requirements, it might not matter. If you do not have your passport any more and they want to know your travel dates, you should try to use whatever you have to support your claims. If you still have your passport but know you have to give it up, for example for renewal and that you will not get the old one back, you should have certified copies made before you give it up.

6. They have recently talked about taking up exit controls to catch PR's who make claims of having lived in Canada when they didn't in order to keep their PR or apply for citizenship. I guess they must have started that now.

You should read the manual on permanent residency status determination. You can find it here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

 

[ryan007]

Thanks Leon, for your prompt response.

I understand I need to downplay my work connection in Dubai and stress on my moms health issue while responding to the IO's questions on why I am away from Canada.
Having to bear the expensive treatment of my moms illness and support my family in Canada it compels me to work in Dubai ( maybe this could be a fallback if they query on my source of income).

Would it be better to route my travel out of Canada to India and then on to Dubai? (but this would show up in the entry/exit stamps at India/Dubai on the passport if I have to submit the same for date verification - I was given to understand that passport copies were required to be submitted for only citizenship applications).

Can I make multiple entries till validity of my PR Card ? as "If they decide to report you for not meeting the residency requirements, they could do that in which case they will still let you enter Canada and give you some time to put your appeal together"- does this mean that I will be stuck in Canada till I clear my appeal ? How much time does this normally take?

Will read the link you send me in the meantime.

Thanks once again, Leon, you have been a great source of information.

 

[Leon]

Do not try to deceive immigration. They don't like it.

If you ever have a difficult IO who wants to revoke your PR because of the residency requirements and who reports you and lets you enter Canada in order to make an appeal for your PR, you can send in your documents but then go do what you have to do because your mother is still sick and the situation has not been resolved. If you lose your PR, then your wife can apply to sponsor you again and as a new PR, you would again have 3 years to stay outside before you have a problem.

 

[ryan007]

Point noted, Leon.
On all my previous entries into Canada I have been completely honest with the IO's even to the extent of giving details of my employer in Dubai.
The first time I re-entered and told the IO that I was working in Dubai as I had found it difficult to land a job in Canada during the 2008 economic decline besides having immigrated from India(had not much saving) so was compelled to work out of the country. The IO then sent me to the new immigrants section where some additional notes were made on the pc by the IO there.
I will continue with this approach and see how things evolve, in the meanwhile if needed I will submit my documents and exit.In worst case scenario my wife can sponsor me and again I get the additional 3 years to work out of Canada.
With the latest response from you, I think all my doubts are cleared.
Thanks once again.
Best wishes.

 

[MarieB]

Hi,
My family and I have been outside of Canada for the past four years since we got out PR card. We just stayed there for around 5 weeks and went back to Dubai. In short, we have the same issue with rizco and ryan wherein we will not be able to meet the residency obligation of 730 days.

Last November 2011, I had my son evaluated by an educational psychologist in Dubai, and the result shows that my son is highly gifted or almost in genius level, based on IQ. But this is not supported here in the Dubai as there are no educational programs supporting kids with such gifts. The psychologist, who is Canadian citizen (and member of the royal counsel for education in UAE), is highly suggesting us to go back to Canada for this reason.

Can the IO accept this reason for the "best interest of the child directly affected"?
If there is a chance, we are ready to leave our job here in Dubai and settle to Canada for good.

Hope to hear from anybody who can enlighten us.
BEST REGARDS !!!

 

[Leon]

Can the IO accept this reason for the "best interest of the child directly affected"?
If there is a chance, we are ready to leave our job here in Dubai and settle to Canada for good.

If your PR cards are still valid, you can not apply for a travel document. You basically just have to go to Canada and take your chances. If you get in without being reported for not meeting the residency requirements, you can stay in Canada for 2 years straight. At that time, you will meet the residency requirements again and can apply to renew your PR cards.

If you get reported on entry, you have 30 days to appeal your case to be allowed to keep your PR's.

 

[DVR]

Dear rizco70,

I have read you case in details and you represent many people like you in UAE including me. My PR card is also getting expired in 3 months time.

Can you please share whether you faced any problems/issues while entering Canada? Were you with your family or alone?

This info will help me and other to take wise decision.

Take care.

 

[Verychichi]

Hi guys,
Any advice would be greatly appreciated. My PR Card (federal skilled worker) and social insurance number was issued in Vancouver in 2011 and have been away from Canada since then. I am planning to going to Toronto to stay permanently this June for good, but am worried that I haven't completed the 2 years out of 5 years rule because I had to taking care of my wife who had serious depression and since her father died. She wasn't able to properly do anything herself and I literally had to be at her side. She does had some medical cents stating her medical condition and her fathers dearth certificate. My question is would I be turned away or deported from Canada when arriving as I have not met the residency requirements. Is there someone or an email or telephone number outside Canada I could call to clarify on this? Will I be in trouble with the immigration officer or even more issues coming up?

 

[Leon]

Hi guys,
Any advice would be greatly appreciated. My PR Card (federal skilled worker) and social insurance number was issued in Vancouver in 2011 and have been away from Canada since then. I am planning to going to Toronto to stay permanently this June for good, but am worried that I haven't completed the 2 years out of 5 years rule because I had to taking care of my wife who had serious depression and since her father died. She wasn't able to properly do anything herself and I literally had to be at her side. She does had some medical cents stating her medical condition and her fathers dearth certificate. My question is would I be turned away or deported from Canada when arriving as I have not met the residency requirements. Is there someone or an email or telephone number outside Canada I could call to clarify on this? Will I be in trouble with the immigration officer or even more issues coming up?

It would be advisable not to try to inform immigration beforehand. As long as your PR card is still valid, they will let you enter Canada but may report you for not meeting the RO (residency obligation). You can appeal this with your reasons and evidence. The processing of your appeal may take 1-2 years during which time you remain a PR and should stay in Canada in order to show that you are ready to settle at this point if you want to have any chance at your appeal. If you win your appeal, you keep your PR. If you lose your appeal, you lose it and will be asked to leave.

If you get in without being reported, you should stay for 2 years straight before you attempt to renew your PR card.

 

[simzh]

Dear all:

I have the same issue here, not meeting residency obligations but would like to go back and start living in Canada, and there is one year left until expiration. I have the following questions, any suggestions would be appreciated.

1. If asked by IO, my excuses would be going back to home country getting married (my wife is not a PR and hasn't lived in Canada), and having a child. Plus, I'll probably get a job offer from a Canadian company when entering. With all the supported documents, do you think these are good enough?
2. Another issue is, even if I'm lucky enough to be allowed to enter without reporting, I need to sponsor my wife and child for family class immigration. In my case, only one year left for the valid PR card, and another year after expiration until renewal, am I qualified to be a sponsor during this time?

Thanks in advance!

 

[Leon]

Dear all:

I have the same issue here, not meeting residency obligations but would like to go back and start living in Canada, and there is one year left until expiration. I have the following questions, any suggestions would be appreciated.

1. If asked by IO, my excuses would be going back to home country getting married (my wife is not a PR and hasn't lived in Canada), and having a child. Plus, I'll probably get a job offer from a Canadian company when entering. With all the supported documents, do you think these are good enough?
2. Another issue is, even if I'm lucky enough to be allowed to enter without reporting, I need to sponsor my wife and child for family class immigration. In my case, only one year left for the valid PR card, and another year after expiration until renewal, am I qualified to be a sponsor during this time?

Thanks in advance!

1. No, that will not be accepted as a good reason because you could have returned to Canada after getting married and sponsored your wife right away.

2. If you managed to enter without being reported, then apply to sponsor your wife and child, you take another risk with your PR as immigration will see black on white from your address history that you don't meet the RO. More likely than not, they will call you in for an interview to explain as well as decide if you should keep your PR and they will also delay your sponsorship. In order to avoid this, you should stay in Canada for 2 years until you meet the RO again and then sponsor your wife and child.

 

[DVR]

Hello simzh,

Leon is bang on. He has advised me in the past thru this forum. I had the similar case where in my daughter was not having PR. Only option for you is this.

1. Come alone to Canada and pray god that you are not reported. I did the same and I was not reported at airport.
2. Once you are in, stay quite till 2 years and renew your PR.
3. Moment your PR is renewed sponsor your family.

Only drawback here is that you have to stay away from your family. Unfortunately, I had to do the same. My little daughter aged 3 was away for 2 years. In the end, it all went well and we are all together here in Canada.

Wish you good luck!!

Regards,