short of 730 days

[bob12]

Hi Leon and friends,

I have been out of Canada for about 4 years and 2 months since my landing in 2008. Currently, i am staying permanently since 10 months. I still need about 14 months to fulfill the required 730 days to renew my PR. Can I stay with my expired PR until I fulfill the 730 days ?. I have a valid passport and a valid Canadian driver license. In case that the best for me is to wait till I complete the 730 days, Will I be subject to question about my absence by the officials, on applying for renewal? And what should I prepare if this will be the situation ?.

Is it legal to stay in Canada with expired PR Card (for next 12 months)??

Do have to avail service of professional lawyers to make sure, my PR Card renewal process goes smooth?

I really appreciate the help and advice you and the others are offering to the new immigrants
thank you and have a good day.

 

[on-hold]

You're fine -- don't cross the border, don't contact CIC, don't do anything at all. Your PR card expiring doesn't affect you in the least, it is not permission to live here and you are totally legal. After you've been here for the correct amount of time, apply on your own -- for God's sake, don't pay a lawyer. I'd recommend that you give yourself a cushion of time, though, at least a month.

It also wouldn't hurt to make sure that you can prove your time.

 

[Leon]

They can only look at the past 5 years before you apply so as long as you only apply to renew after having reached 730 days or more, they can not say anything.

It is legal to stay in Canada after PR expiry. Only your card expires, your PR status is still there. Canada has no law that states that a PR must have a valid PR card at all times.

You do not need a lawyer. Just wait until you have more than 730 days and then you can apply to renew your card.

 

[bob12]

thanks a lot. your advice was helpful.

 

[Hasni]

They can only look at the past 5 years before you apply so as long as you only apply to renew after having reached 730 days or more, they can not say anything.

It is legal to stay in Canada after PR expiry. Only your card expires, your PR status is still there. Canada has no law that states that a PR must have a valid PR card at all times.

You do not need a lawyer. Just wait until you have more than 730 days and then you can apply to renew your card.

if PR card doesn't define our residence status then which which legal document is there to prove that I am a permanent resident. And living with expired PR card for years doesn't effect your routine life and govt office dealings ..... sounds strange. I live in Saudi and here once your residence permit gets expired, everything comes to a halt

 

[Leon]

if PR card doesn't define our residence status then which which legal document is there to prove that I am a permanent resident. And living with expired PR card for years doesn't effect your routine life and govt office dealings ..... sounds strange. I live in Saudi and here once your residence permit gets expired, everything comes to a halt

Each country has their own rules. If you are a PR of a country that requires you to renew your PR card in a timely manner and always have one, then you will have to abide by that. Canada does not require it. There is no law stating anything about needing a PR card in order to live in Canada. Originally, it was only meant for travel. However, different govt. establishments as well as others are increasingly asking for it as a proof of PR status. Especially if you are registering in a new province. PR's who got their status before 2002 and have not travelled since have in some cases never owned a PR card and never needed one.

A valid PR card doesn't guarantee that the person is a PR, they could have lost their PR status and still have their card. However, having a valid PR card is considered a strong indicator that the person is indeed a PR. PR status can however also be proven by other means. If you have landing papers or an expired card and can prove that you meet the RO, then that would also do the trick, at least with immigration. If you tried to enter the border from the US, you would be allowed to enter and if you applied for a travel document, you should get one. Dealing with health care or getting a drivers license is however a different story, they want to know that you are a PR but they aren't immigration and do not want to count how many days you have. Therefore, a person without a valid PR card may have to argue with them whether they need a valid card or not.

 

[Hasni]

Each country has their own rules. If you are a PR of a country that requires you to renew your PR card in a timely manner and always have one, then you will have to abide by that. Canada does not require it. There is no law stating anything about needing a PR card in order to live in Canada. Originally, it was only meant for travel. However, different govt. establishments as well as others are increasingly asking for it as a proof of PR status. Especially if you are registering in a new province. PR's who got their status before 2002 and have not travelled since have in some cases never owned a PR card and never needed one.

A valid PR card doesn't guarantee that the person is a PR, they could have lost their PR status and still have their card. However, having a valid PR card is considered a strong indicator that the person is indeed a PR. PR status can however also be proven by other means. If you have landing papers or an expired card and can prove that you meet the RO, then that would also do the trick, at least with immigration. If you tried to enter the border from the US, you would be allowed to enter and if you applied for a travel document, you should get one. Dealing with health care or getting a drivers license is however a different story, they want to know that you are a PR but they aren't immigration and do not want to count how many days you have. Therefore, a person without a valid PR card may have to argue with them whether they need a valid card or not.

A valid PR card doesn't guarantee that the person is a PR, they could have lost their PR status and still have their card
Leon, there should be some system that if someone's PR status is lost / revoked, he should no more be shown as a valid PR card holder in the system, PR card is largely considered as an official proof on a person's permanent residence status, then how come they allow this disparity !!

 

[Leon]

I do not work for the government so I can not answer that.

 

[Hasni]

I do not work for the government so I can not answer that.

leon, my point was that logically such a disparity sounds strange..

 

[Msafiri]

The PR Card is a status document for travel purposes - that was and remains its original intention in the drafting of the legislation. It acts as 'presumptive' proof that the holder has PR but it does not mean you meet the Residence Obligation which is why showing up at the border with the PR Card having barely lived in Canada is not in itself a blanket pass to be let in without CBSA taking some action = reporting you.

However that its through 'function creep' become the only acceptable proof of status for various bureaucratic processes not a concern for CIC.

 

[Hasni]

The PR Card is a status document for travel purposes - that was and remains its original intention in the drafting of the legislation. It acts as 'presumptive' proof that the holder has PR but it does not mean you meet the Residence Obligation which is why showing up at the border with the PR Card having barely lived in Canada is not in itself a blanket pass to be let in without CBSA taking some action = reporting you.

However that its through 'function creep' become the only acceptable proof of status for various bureaucratic processes not a concern for CIC.

i agree, but is there any other document that proves my lawful permanent resident status, like green card in US !