Renewing PR card & maintaining PR status

[mimo]

Hello,

I would appreciate any help in taking an important decision.

My parents got their PR cards in June 2007. Since that time they spent 6 months in Canada (2 separate stays). When they were entering Canada last time in April 2012, the officer questioned them and even called us to get all the information. He said that he would let them go this time (even though we said that they did not spent two out of five years in Canada). My parents are determined to live in Canada as long as possible and LEGAL.

Their PR card will expire by the end of June 2012. We could provide an explanation why their stay in Canada was shorter than two years, but it is based mainly on family reasons and situation in their home country. The reasons are not listed in Section D of PR card renewal application.

We know about two options:
1) Applying for PR card before it expires even thought they do not meet the requirement of 730 days and send an explanation why they stayed in Canada only six months
2) Waiting 1.5 years till they meet the 730 days requirement and then apply for PR card renewal

Questions:
A) If we proceed with option 1, could we include an additional letter with an explanation why they did not meet the residency requirements?
B) What are the chances that they will accept our explanation?
C) If we chose option 2, is staying 1.5 years without meeting the residency requirement during the first 5 years after getting PR status legal?
D) Could the officer at the airport who questioned them put a note in their file that the PR status would expire soon and ordered to be followed up?
E) Are they any other solutions in this situation?

Thank you in advance.

 

[janay]

Hi.
Do not ever make a mistake to apply for renewal. Learn lesson from my bitter experience, all I have shared on the forum.
I stayed for one year and went to my country to visit and could not come back due to my mother in laws' serious illness.
when came back after 4 years I applied for renewal thinking that staying here with expired card would be illegal. Since July 2010 I am here. Despite my genuine reason I am caught for not meeting residency obligation. In Feb. 2012 I got RQ I have replied them but still am in danger and waiting for the interview. Immigration laws are becoming strict day by day. If you apply for renewal with documentary proof even then it will take more than two years to process your application up to the final result which is unpredictable (as experiences shared on different forums) while if you stay for 730 days and then apply for renewal, you will get your new cards within 1-2 months.
Different people and different lawyers will give you different consuls but remember that the safest is to stay for 730 days as per rule that one is eligible to renew if PR stays for 2 years in any 5 rolling years.
Janay

 

[mimo]

So is staying 1.5 years without meeting the residency requirement during the first 5 years after getting PR status LEGAL?

Especially when they were entering Canada last time in April 2012, the officer questioned them and even called us to get all the information. He said that he would let them go this time (even though we said that they did not spent two out of five years in Canada).

Is it possible that the officer put a note in their file that the PR status would expire soon and ordered to be followed up?

 

[mimo]

Any Help Please !!!!!!!!

 

[scylla]

If the officer was going to report them for failing to meet residency requirements, then I think they would have heard something by now.

I assume your parents are still in Canada and haven't left since entering in April. If so, then they need to remain in Canada (without leaving for even one day) until they meet the residency requirement. Once they have 730 days in the last five years, they can then apply for new PR cards. And yes - it's legal for them to stay in Canada during this time.

 

[mimo]

Yes, they are still in Canada

 

[AbbaSahib]

If the officer was going to report them for failing to meet residency requirements, then I think they would have heard something by now.

I assume your parents are still in Canada and haven't left since entering in April. If so, then they need to remain in Canada (without leaving for even one day) until they meet the residency requirement. Once they have 730 days in the last five years, they can then apply for new PR cards. And yes - it's legal for them to stay in Canada during this time.

I have seen on forums, many people said Its legal to live in canada on expired PR-card but could anyone answer below points
1. Any reference from the Law which protects people on this?

If its legal than what about:
2. Work status & Filing Tax
3. Banking Matters
4. University Admissions
5. Buying property/Car
6. Driving License

I mean to say how, the day to day life could be affected?
Does someone has to show the Landing Papers as a proof of Permanent Resident because PR-Card would be expired ? or Still expired-PR card could be shown if required at any institution.

Thanx.

 

[mimo]

I have called the immigration call center and they have advised that you must renew your PR card only if you are planning to travel outside Canada.
This is mainly a travel document.

The problem is: Is it legal to stay in Canada if you have not met the residency requirement for the first 5 years?

I do not know how could it affect the day to day life.

 

[mimo]

Hi Leon, Could you please advise???

 

[Leon]

They should not try to renew their PR cards too soon. Staying in Canada with an expired card is perfectly legal. You do not need a PR card to live in Canada. They should stay until they have 730 days in the past 5 years and then apply to renew. There is even a clause about this in the operation manuals of immigration. It states that the only period that can be considered for residency requirements are the past 5 years so if they apply in April 2014, immigration will only look at April 2009 until April 2014 and if they have 2 years in that time, they are ok.

You can see this here:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.

 

[mimo]

Many thanks Leon, scylla & janay

 

[atifsr]

Hi Leon, as you person can stay without renewing a PR card in Canada and it is legal as well that means person can do work, without issue and empolyer will not ask about PR card. Did I get right?

 

[Leon]

Hi Leon, as you person can stay without renewing a PR card in Canada and it is legal as well that means person can do work, without issue and empolyer will not ask about PR card. Did I get right?

Yes, employer never asks for the PR card, he only asks for your SIN number. However, if the employer asks you to travel outside Canada, you would have to say no.

 

[AbbaSahib]

Yes, employer never asks for the PR card, he only asks for your SIN number. However, if the employer asks you to travel outside Canada, you would have to say no.

Some Employer ask, if you are legally allowed to work in canada, they insist for SIN-card & PR-card ? so what if PR-card happens to be expired ? Is it not legal to work even ? Will not the landing papers help in this case?

Or it vary between employer to employer ? But whats the legal right of employer to ask SIN or PR or both ?

 

[Leon]

Your SIN number shows if you are a PR/citizen or a temporary worker. If the SIN number starts with 9, it is a temporary number and the holder is a student or a temporary worker. In that case, the employer must always make sure that the person is legal to work for him. If the SIN starts with anything other than a 9, you are a PR or a citizen and the employer is safe to assume that you have the right to work in Canada. You can see this here: http://www.servicecanada.gc.ca/eng/about/reports/sin/cop/section3.shtml

There is no law that states you must have a PR card to be a PR. You could have become a PR before they started issuing them, you could have lost yours and never bothered to renew it etc. This is not an issue unless you want to travel, then you need a PR card to return. If the employer asks, you can show them your landing papers and expired card and tell them you haven't bothered to renew it yet as you don't have any plans to travel outside Canada in the next little while. If he tells you that you must renew your PR card, ask him to show you a copy of that law. There isn't one. Alternatively, you could tell him that your card was expired and you have already sent it away to be renewed but it is taking a long time.