Renewing expired PR card

[browntrout]

Hello, I have a question that I hope someone can help me with.

I am actually helping my father in law, who is a Hong Kong (and Chinese citizen) The problem is that he landed in Canada in the mid-90s, lived here for a number of years, but not many enough to become a citizen of Canada. He has spent most of the time since early 00s living in Hong Kong, but with frequent visits to Canada as that’s where his family lives. He decided to primarily live in Hong Kong for business reasons.

Issue now is that his PR card has expired, and we are looking for a way to make him a PR again. I know there is a renewal process, in which you apply using IMM5524E which gives you a temporary travel document, then whilst in Canada, to go to the government office and apply in person for renewal. I have spoken to CIC today, and it’s not clear. Technically, I read you should have spent the last 2/5 years (or 730 days) in Canada. But while the person at CIC told me this, he also told me we could apply anyways. I also see in the form, there is a section about this. And it doesn’t say something like, “if you have stayed away from Canada for more than 730 days in the past 5 years, you and ineligible to apply for a travel document.”

Anyone in the same situation before, how did you do it? Should we go this route, or is there another route we can go. His wife is a Canadian citizen, and so are his 3 children, all living in Canada at the moment.

Many thanks in advance for answers and suggestions.

 

[Ponga]

You should post this question in the `Permanent Residency Obligations' section.

In the mean time...here are a couple of threads that might give you some help:
http://www.canadavisa.com/canada-immigration-discussion-board/expired-pr-t251849.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/is-he-still-pr-or-not-t247978.0.html

 

[Rob_TO]

Technically, I read you should have spent the last 2/5 years (or 730 days) in Canada. But while the person at CIC told me this, he also told me we could apply anyways. I also see in the form, there is a section about this. And it doesn't say something like, “if you have stayed away from Canada for more than 730 days in the past 5 years, you and ineligible to apply for a travel document.”

Sure he can "apply" for a travel document. But if he hasn't met the 2/5 years in Canada rule, it will be rejected. There is no situation that a travel doc will be approved without meeting residency requirement. Also upon the travel doc being rejected, his PR status will be formally revoked at the same time.

The ONLY possible way for him to renew his PR status is for him to somehow enter Canada and not be reported at the border for not meeting residency obligation. This can only be done by a visa-exempt person if flying (since visa-exempt doesn't need to apply for travel doc), or by anyone if crossing from USA to Canada by car. But the chance of being reported by CBSA is always there regardless.

If he can enter without being reported, then would need to stay 2 consecutive years in Canada without leaving for even 1 day during that time, and then apply to renew PR status.

 

[browntrout]

Sure he can "apply" for a travel document. But if he hasn't met the 2/5 years in Canada rule, it will be rejected. There is no situation that a travel doc will be approved without meeting residency requirement. Also upon the travel doc being rejected, his PR status will be formally revoked at the same time.

The ONLY possible way for him to renew his PR status is for him to somehow enter Canada and not be reported at the border for not meeting residency obligation. This can only be done by a visa-exempt person if flying (since visa-exempt doesn't need to apply for travel doc), or by anyone if crossing from USA to Canada by car. But the chance of being reported by CBSA is always there regardless.

If he can enter without being reported, then would need to stay 2 consecutive years in Canada without leaving for even 1 day during that time, and then apply to renew PR status.

Hi, thank you for that. Yes, he has a Hong Kong passport (visa-exempt) so he can enter canada on that technically and stay for 90-days. So, i think we will go about it this route actually. Enter under the visa-exempt program, then renew the document once he is in Canada.

 

[Rob_TO]

Hi, thank you for that. Yes, he has a Hong Kong passport (visa-exempt) so he can enter canada on that technically and stay for 90-days. So, i think we will go about it this route actually. Enter under the visa-exempt program, then renew the document once he is in Canada.

If he doesn't meet his residency obligation, note that there's a chance he will be reported upon entry into Canada by CBSA. He will still be allowed to enter, but will need to attend a hearing with CIC where they would revoke his PR status and send him home.

He will have to be lucky, and not be reported. There is no telling what will happen until he actually arrives in Canada. It totally depends on the CBSA officer he happens to get.

 

[canuck_in_uk]

Hi, thank you for that. Yes, he has a Hong Kong passport (visa-exempt) so he can enter canada on that technically and stay for 90-days. So, i think we will go about it this route actually. Enter under the visa-exempt program, then renew the document once he is in Canada.

Does he meet the Residency Obligation? If he doesn't, he can't renew his PR card regardless of where he is.

 

[truesmile]

Does he meet the Residency Obligation? If he doesn't, he can't renew his PR card regardless of where he is.

That's why Rob_TO said he had to remain in Canada for two consecutive years (730 days) if he gets in. Once accomplished, then he could renew his PR card.

 

[canuck_in_uk]

That's why Rob_TO said he had to remain in Canada for two consecutive years (730 days) if he gets in. Once accomplished, then he could renew his PR card.

I am aware of that. From the previous posts, it's unclear whether the man plans to actually move to Canada or is still planning on living in HK and just wants to renew the card. I am simply trying to make sure that OP understands that the FIL cannot just come to Canada on his visa-exempt passport and renew his PR without meeting the RO. He must actually move to Canada to be able to renew.

 

[Rob_TO]

Enter under the visa-exempt program, then renew the document once he is in Canada.

As was mentioned above, you really need to understand this part. He can't just enter Canada then renew his PR.

If he doesn't currently meet residency obligation he must LIVE IN CANADA FOR 2 STRAIGHT YEARS before he can renew the card. This means not travelling back to Hong Kong or anywhere else for even 1 day during those 2 years. Each time he traveled, he would risk being reported again for not meeting RO, and having PR status revoked.

Make sure he understands the commitment he needs to make if he ever wants to renew his PR again.