Returning to Canada with PR Card that is expired 3 yrs ago

[axelfoley]

If they have humanitarian grounds and can prove it, they have a chance at winning the appeal if they get reported. They can enter from the US and will in any case be allowed to enter. They should explain their situation to the immigration officer if asked and it is possible that they don't get reported in case they should stay for 2 years straight to meet the RO again. If they do get reported, they should appeal and continue to stay until their appeal has been processed which can take 1-2 years. If they lose the appeal, there is nothing criminal, they would just have lost their PR and would be asked to leave. They could apply for PR again or a TRV if they so choose.

As for renouncing their current PR and applying again, they should really check if they still qualify before making a decision like that.

My question is about IAD removal order appeal and temporary PR card renewal processing time inside Canada. I am a British citizen in a similar situation, a PR who has a card expired in 2011 more than 5 years ago, and I have 0 (zero) days in Canada in the past 5 years. I am considering returning to Canada with the following strategy:

i) I arrive at airport in Canada and provide my h&c reasons for not meeting PR Residency Obligation
ii) examining officer does not agree to allow me in without writing s.44 report for breaching IRPA Residency Obligation
iii) I appeal within 15 days in order to stay or "pause" the removal order as per instructions at: irb-cisr.gc.ca/Eng/res/form/Pages/IadSaiAppForm.aspx ("Notice of Appeal - Removal Order Appeal") at either Vancouver, Toronto or Montreal offices for the "Immigration and Refugee Board Immigration Appeal Division"
iv) in the mean time I remain PR while awaiting the hearing date from IAD
v) I immediately apply for a one year temporary PR card renewal using form IMM5444E confirming that I am "under s.44 report"

I would be grateful for advice on:

a) what is the typical wait time for an IAD removal order appeal hearing after submitting "Notice of Appeal - Removal Order Appeal"?

b) is there evidence that Vancouver office takes longer to get to the IAD removal order appeal hearing date than Toronto or Montreal?

c) how long would it take to obtain a new one year PR card whilst waiting for the IAD hearing date? Is it any longer than the waiting times indicated at cic.gc.ca/english/information/times/ In my case I have simple residency data of "0" days in Canada, and all 1095 days outside Canada so I am not sure an RQ would be needed.

d) is there any urgent PR card renewal processing option for those inside Canada and who are appealing the s.44 report for breaching RO?

e) will the temporary one year PR card be sent to my Canadian address, or would I need to collect from CIC Canada office, and is there a way to choose which office that would be? What can I do to avoid CIC dragging it out, given I have 0 (zero) days I am claiming in Canada in the last 5 years.

My ideal scenario is that I want the IAD hearing date to be 2 (or more?) years into the future as I am not sure I have strong enough h&c grounds for winning the removal order appeal. I also want the new temporary 1 year PR card quickly so that I can get an SIN and get work in Canada whilst waiting for the IAD process to be over.

If I lose my appeal, I plan return to Canada as a temporary worker in future as a route back towards Permanent Residency. So I am most concerned with remaining a PR as long as possible and do not want an "early" date for the IAD removal order appeal hearing.

Thanks for any guidance or advice!

 

[Leon]

As I said in the post you quoted, as far as I know, the appeal hearings take 1-2 years. I have no data on whether some places are slower than others.

A renewal PR card currently takes about 5 months. I don't know if a one year card would be any faster than a regular one. I doubt they would process it urgently based on that currently the only urgent way to get a PR card is proving that you have urgent need to travel and seeing that you are under appeal, it would not be wise to travel while you are waiting for it.

Even if your appeal takes two years, you will not meet the RO again with time spent under appeal unless you win so basically you are just buying time in Canada and you could use to form a relationship with an employer who may want to help you by applying for your LMIA to make you eligible for a work permit if you lose your appeal.

 

[axelfoley]

Thank you Leon. That is helpful and confirms my strategy. You seem to be very knowledgeable on these matters, and I found your prior posts extremely helpful! You are right that I would be "buying time" in the short term; the employer in Alberta who has been waiting for me to turn up for almost a year and I can't keep them waiting much longer.

I spent years trying to get a job in my field in Canada after I became a landed immigrant in April 2006 and I could not. That along with my caring responsibility to my elderly mother held me back from Canada. The irony is that I now have an Alberta employer quite keen on hiring me and knows that I am a PR, but my PR card expired 5 years ago. I expect I may not be able to retain PR status for long, so I want to be able to maximize my time in Canada in the near term with the hope that I can return later on a work permit with an LMIA the employer will have got lined up after making myself useful to the employer.

On your point about "urgent" processing, I take your point about it not being "wise" for my IAD appeal if I leave Canada for travel soon after applying for the new PR card.

The problem I have is that I never obtained a SIN. I presume that I need the PR card in order to obtain the SIN. So I can't get paid until I get my new temporary PR card, hence my desire for a quick turnaround time for the PR card. Is the only reason for "urgent" PR card renewal processing the "travel" reason, or can I get "urgent" status if I add a cover note to explain that I need the temporary PR card urgently in order to obtain a SIN so I am not sitting in Canada with no way for me to get paid for months of work?

 

[kangamoose]

You can get a SIN with just your COPR, you don't need the card.

 

[spyfy]

You can get a SIN with just your COPR, you don't need the card.

No, he can't use the CoPR anymore. The CoPR can only be used for a SIN application within one year of the initial landing date. After that, a PR card is necessary. See here:
http://www.servicecanada.gc.ca/eng/sin/apply/proof.shtml

 

[axelfoley]

Thanks kangamoose/spyfy... I have COPR but the link you gave clarifies the situation. I guess I will need to wait until I get a new temporary PR card until I can apply for a SIN.

 

[spyfy]

Thank you Leon. That is helpful and confirms my strategy.

I just want to confirm that you understood that the time you spend in Canada under appeal won't count for your PR obligation. From my understanding that means that your strategy doesn't work. Once you have your hearing, they will only care about the days until the original day when you re-entered Canada. I.e. for all intents and purposes you will still have 0 days. Even without any greater experience in appeal cases, I would be very surprised if you won the appeal.

Is the only reason for "urgent" PR card renewal processing the "travel" reason, or can I get "urgent" status if I add a cover note to explain that I need the temporary PR card urgently in order to obtain a SIN so I am not sitting in Canada with no way for me to get paid for months of work?

Urgent processing only works for travel reasons as stated on the CIC website. Also, the fact that you are under appeal will add many red flags to your file and only routine applications are available for urgent processing.

Personally, I think simply renouncing your PR status and coming as a temporary worker is a much better idea. This would add several months to your schedule but so would applying for your 1 year PR card.

 

[axelfoley]

I just want to confirm that you understood that the time you spend in Canada under appeal won't count for your PR obligation. From my understanding that means that your strategy doesn't work. Once you have your hearing, they will only care about the days until the original day when you re-entered Canada. I.e. for all intents and purposes you will still have 0 days. Even without any greater experience in appeal cases, I would be very surprised if you won the appeal.

Urgent processing only works for travel reasons as stated on the CIC website. Also, the fact that you are under appeal will add many red flags to your file and only routine applications are available for urgent processing.

Personally, I think simply renouncing your PR status and coming as a temporary worker is a much better idea. This would add several months to your schedule but so would applying for your 1 year PR card.

spyfy, thanks for your suggestions and advice! To answer your question, yes, I do realize that days spent in Canada after being reported do not count towards the appeal itself, and only count if I win the IAD appeal. I do have 0 days in Canada in the last 5 years as you say. Therefore my chances to win the appeal to IAD are not strong as I am relying only on h&c submissions, which are maybe only of medium strength.

Thank you for confirming that only routine PR card renewals are eligible for urgent processing. I will factor that into my thinking. I think the idea of first revoking/renouncing my PR status outside of Canada and then coming back as a visitor is a good alternative that may save time, if the objective is to be working for that employer in the short-term.

Would you by any chance know if it is possible to cancel an appeal to IAD against the 44 report for RO breach? I could maybe do that in case the temporary PR card doesn't arrive after 6 months and I am losing hope to get an SIN quickly. By that time I may have progressed sufficiently with the employer (simply by being in Canada and available in person) that they will go to the trouble and expense of LMIA and work permit for me after I inform them I am about to lose PR status by choosing to cancel my appeal to the IAD. That could be the path in case I am waiting too long for the temporary PR card whilst under report.

 

[Leon]

If you so choose, you could cancel an appeal and renounce your PR at any point.

Applying for a temporary PR card with urgent need to travel is worth a try. It's not going to make it any slower. They know you are under an appeal and you should get a one year card.

 

[axelfoley]

If you so choose, you could cancel an appeal and renounce your PR at any point.

Applying for a temporary PR card with urgent need to travel is worth a try. It's not going to make it any slower. They know you are under an appeal and you should get a one year card.

Thanks Leon, for clarifying that the option remains open for me to effectively renounce (or lose) PR status by cancelling an appeal to IAD and then of course leaving Canada within a short period of time as required. I would only do that in case it is not going well with the employer and there is therefore no point in maintaining my right to work in Canada.

About the PR card renewal, it is good to know that I may be able to try the "travel" reason for urgent PR card processing in order to get the temporary PR card. I would not be hiding the fact that I am under an appeal to IAD for the RO breach in my renewal application. If the delay in obtaining an SIN is not an acceptable reason for "urgent" PR card renewal, I will have to consider the "travel" reason and of course have the travel organized to support that.