Renewal of PR

[pankti]

Hi
We got our PR cards in the month of June,2014 after which we haven't stayed in Canada and returned to our home country for Business purposes and have never been able to go back to Canada and hence the minimum stay requirement hasn't been met with .
However our PR cards expire in the month of June 2019 and we want to now renew it (But we are in or home country and we haven't met our stay criteria) , what are our options to Renew our cards we would travel and now have decided to stay in Canada forever
Thank you
Pankti

 

[canuck78]

Hi
We got our PR cards in the month of June,2014 after which we haven't stayed in Canada and returned to our home country for Business purposes and have never been able to go back to Canada and hence the minimum stay requirement hasn't been met with .
However our PR cards expire in the month of June 2019 and we want to now renew it (But we are in or home country and we haven't met our stay criteria) , what are our options to Renew our cards we would travel and now have decided to stay in Canada forever
Thank you
Pankti

You are currently out of status. You will be allowed to enter Canada by air until your PR cards expired but could be reported for not meeting your RO at the airport. You will be granted a chance to appeal before you lose your PR status but business reasons isn’t an acceptable reason. If you do manage to enter without being reported you will have to remain in Canada for over 2 years without leaving and avoid as much contact with immigration as possible. You need to wait 2 years to be in status then you will need multiple months to apply to get your new PR cards. What counts for residency is 5 years from your landing date and not the expiry on your PR card.

 

[pankti]

Thanks for your reply .. wanted further clarification what if I am reported I wouldn't be able to allow to enter Canada and would be asked to go back or is there and judiciary involvement and I would be detained at airport
Also can I file fresh application from my country to get a fresh Resident Card ...

 

[canuck78]

Thanks for your reply .. wanted further clarification what if I am reported I wouldn't be able to allow to enter Canada and would be asked to go back or is there and judiciary involvement and I would be detained at airport
Also can I file fresh application from my country to get a fresh Resident Card ...

Yes you will been let in but you don’t have a good reason why you didn’t meet your RO. Given that you have spent so little time in Canada there are very few reasons that would be acceptable. You’ll have to go home and you can reapply for PR.

 

[mosor]

Hi
We got our PR cards in the month of June,2014 after which we haven't stayed in Canada and returned to our home country for Business purposes and have never been able to go back to Canada and hence the minimum stay requirement hasn't been met with .
However our PR cards expire in the month of June 2019 and we want to now renew it (But we are in or home country and we haven't met our stay criteria) , what are our options to Renew our cards we would travel and now have decided to stay in Canada forever
Thank you
Pankti

As long as you are a permanent resident, you enter by right. The airport officers cannot refuse your entry. Your permanent residency doesn’t expire so even if your card expires, your permanent residency does not. However you cannot fly in to Canada if your card is expired, you will have to drive in through the United States.

On entry do not lie about how long you have been away, they know through your electronic travel history. On entry they will write an admissibility report about not maintaining your residency requirement and their supervisor will review this report. Because you enter by right, you don’t have to stay for this process or even be interviewed. They will just mail the report to you address in Canada. You will then be required to attend an admissibility hearing. If that member agrees with the officers and supervisors report and there are no humanitarian and compassionate grounds to keep you in Canada or explain your absence, the member will then issue you a departure order.

Even if that member issues you a departure order, you can appeal to federal court.

The best thing you can do is contact a lawyer right now. Explain the situation and get advice on presenting your case. Hopefully you guys can come up with compelling humanitarian and compassionate grounds that the officers supervisor doesn’t feel the need to take it further. Or you may get a lazy border officer who doesn’t write the report. In that case stay in Canada for 2 years before even applying for a card. If you apply for a card before 2 years you will get a negative permanent residency determination.