Urgent-My PR status

[emiliano]

Hi,

I am new here. Would appreciate it if you could answer my questions.

I became a PR on 27 July 2000 as written on the back of my PR card. I left canada on October 2000 on a return of resident permit (RRP) and returned in July 2001. Left again after a month and returned on July 2003 and stayed up to Decmber 2003. It is written on my PR Card that it expires on September 2008.

Question: Can I enter Canada before the card expires?

Many thanks
Emiliano

 

[Leon]

Residency requirements for permanent residents state that you can be outside Canada only for up to 1095 days total in any 5 year period. That is 3 out of 5 years. There are exceptions, for example if you are outside Canada with a Canadian citizen spouse or if you work for a Canadian company in a foreign country, they will not hold that against you but they are very particular about how to define a Canadian company.

In the last 5 years, you have been outside Canada for all but a few months. If you don't fall under their exceptions, your PR card can still be valid but your PR status is considered abandoned for lack of interest. You can try coming in on your PR card and see what happens. The thing is, they will ask you how long you were gone. Obviously if you say you were gone almost 5 years, they will cancel your PR if they haven't already but if you lie to immigration and say you were only away for less time and they find out about it later, they can take your PR and deport you, even if you have citizenship already they can take it away and deport you. If they cancel your PR when you try to enter, I have been told that they will let you into Canada and give you 30 days to appeal but apparently with very low success rate. You can also relinquish your PR voluntarily and go in as a tourist.

 

[emiliano]

Thanks a lot Leon, thats a great help. I think I'd rather play it safe. What do you mean by "relinquish your PR voluntarily"? Is there a formal process to do that, like to go to the Canadian Embassy in the Country am residing and return back my card? Do you think if I re-apply for an immigration visa once my personal commitments are over, my application would be rejected because of previous lack of interest? or that is not considered at all?

Thanks again

 

[Leon]

I think you can relinquish it when you try to enter with it and they question your status being valid. Otherwise they would let you into Canada and let you appeal. But that is only if you are going to Canada while it's still valid. If you let it expire, you can try for the PR travel document to get back and use humanitarian and compassionate reasons for why you weren't able to stay. If that doesn't work, you can apply for PR again. I don't know if they consider it that you let it expire before.

 

[emiliano]

Thanks again Leon. I appreciate it.

 

[emiliano]

Hi Leon,

Quick one.. (1)Do I have to return card to the embassey in my country when it expires? (2)In my case the five year window started on July 2000, July 2001 or September 2003 I am so confused here?

Thanks in advance

 

[Leon]

1) You do not have to return the card. If you apply for a travel document and are allowed to return to Canada, you will send it in when you apply for a new card.

2) It's always the last 5 years from today

 

[Batman1]

Hello Leon,
Firstly thank you for all of your efforts, and help you provide to help so many people on this Forum.

I need your help on my expired PR card, and what will be the fastest route and way to renew my PR card

Following are the details and timeline:
-6/2005 I Became Canadian Permanent Resident
-11/2012 My Permanent Resident card expired

My visits to Canada
-10/2013 I visited Canada using my America Passport (7 days)
-8/2015 I visited Canada to attend my wife's Citizenship ceremony using my American Passport (3 days)

Married a Canadian Permanent resident
-5/2014 - When I got married my wife was a PR card holder
-8/2015 - My wife became a citizen
Note: Since then my wife have been living with me in the US, and I can visit Canada anytime using my American passport.

Please advise what are my options:
Option 1: What can be done to renew my PR card? as this will be the quickest way and approximately how long will it take me to get a new PR card ?
-should I go to Canada and renew my card?
-Can I say I have been married to a Canadian Permanent Resident or Canadian Citizen?
-I work in the US and my wife lives with me in the US will these days count towards PR?
-Should I travel to Canada using American passport, and file my taxes and start working using my landing document and SIN number ?
-Should I got to Canada using my American passport and come back to US via road ?

Option 2: Applying for PR card based on spouse family sponsorship?
-how long will it take if I applied in ON ?
-How soon can I get work permit?

Leon appreciate your help and feedback in advance...

 

[AI2510]

Hi, I am a Canadian permanent resident; my PR Card was issued on the 9th of July 2010 and it expires on the 26th of August 2015. I am currently in Canada for university and by August 24th, I will have spent 730 days in Canada which I believe fulfils my residency requirement of 2 years in a 5 year period; however, when I am applying online for my card renewal, the form asks for days spent out and my days are over 1095 because my 5 year period is slightly longer. What are my options for this? Will I still be able to apply for a renewal?

 

[scylla]

Hi, I am a Canadian permanent resident; my PR Card was issued on the 9th of July 2010 and it expires on the 26th of August 2015. I am currently in Canada for university and by August 24th, I will have spent 730 days in Canada which I believe fulfils my residency requirement of 2 years in a 5 year period; however, when I am applying online for my card renewal, the form asks for days spent out and my days are over 1095 because my 5 year period is slightly longer. What are my options for this? Will I still be able to apply for a renewal?

When your PR card was issued doesn't matter. CIC will only look at the five years immediately before you submit your PR renewal application to determine if you meet the residency obligation. They will not consider any days earlier than the five year period.

You don't qualify to apply to renew your PR card this months if you don't have 2 years of residency in the last 5 years. You will have to wait until you have 730 residency days in the previous 5 years before you apply. Don't apply early.

 

[Batman1]

Hello Leon and All,
Firstly thank you for all of your efforts, and help you provide to help so many people on this Forum.

I need your help on my expired PR card, and what will be the fastest route and way to renew my PR card

Following are the details and timeline:
-6/2005 I Became Canadian Permanent Resident
-11/2012 My Permanent Resident card expired

My visits to Canada
-10/2013 I visited Canada using my America Passport (7 days)
-8/2015 I visited Canada to attend my wife's Citizenship ceremony using my American Passport (3 days)

Married a Canadian Permanent resident
-5/2014 - When I got married my wife was a PR card holder
-8/2015 - My wife became a citizen
Note: Since then my wife have been living with me in the US, and I can visit Canada anytime using my American passport.

Please advise what are my options:
Option 1: What can be done to renew my PR card? as this will be the quickest way and approximately how long will it take me to get a new PR card ?
-should I go to Canada and renew my card?
-Can I say I have been married to a Canadian Permanent Resident or Canadian Citizen?
-I work in the US and my wife lives with me in the US will these days count towards PR?
-Should I travel to Canada using American passport, and file my taxes and start working using my landing document and SIN number ?
-Should I got to Canada using my American passport and come back to US via road ?

Option 2: Applying for PR card based on spouse family sponsorship?
-how long will it take if I applied in ON ?
-How soon can I get work permit?

Leon and any one with similar situation will appreciate your help and feedback in advance...

 

[Batman1]

Hello Leon and All,

I need your help on my expired PR card, and what will be the fastest route and way to renew my PR card

Following are the details and timeline:
-6/2005 I Became Canadian Permanent Resident
-11/2012 My Permanent Resident card expired

My visits to Canada
-10/2013 I visited Canada using my America Passport (7 days)
-8/2015 I visited Canada to attend my wife's Citizenship ceremony using my American Passport (3 days)

Married a Canadian Permanent resident
-5/2014 - When I got married my wife was a PR card holder
-8/2015 - My wife became a citizen
Note: Since then my wife have been living with me in the US, and I can visit Canada anytime using my American passport.

Please advise what are my options:
Option 1: What can be done to renew my PR card? as this will be the quickest way and approximately how long will it take me to get a new PR card ?
-should I go to Canada and renew my card?
-Can I say I have been married to a Canadian Permanent Resident or Canadian Citizen?
-I work in the US and my wife lives with me in the US will these days count towards PR?
-Should I travel to Canada using American passport, and file my taxes and start working using my landing document and SIN number ?
-Should I got to Canada using my American passport and come back to US via road ?

Option 2: Applying for PR card based on spouse family sponsorship?
-how long will it take if I applied in ON ?
-How soon can I get work permit?

Leon and All appreciate your help and feedback in advance...

 

[Leon]

Hello Leon and All,

I need your help on my expired PR card, and what will be the fastest route and way to renew my PR card

Following are the details and timeline:
-6/2005 I Became Canadian Permanent Resident
-11/2012 My Permanent Resident card expired

My visits to Canada
-10/2013 I visited Canada using my America Passport (7 days)
-8/2015 I visited Canada to attend my wife's Citizenship ceremony using my American Passport (3 days)

Married a Canadian Permanent resident
-5/2014 - When I got married my wife was a PR card holder
-8/2015 - My wife became a citizen
Note: Since then my wife have been living with me in the US, and I can visit Canada anytime using my American passport.

Please advise what are my options:
Option 1: What can be done to renew my PR card? as this will be the quickest way and approximately how long will it take me to get a new PR card ?
-should I go to Canada and renew my card?
-Can I say I have been married to a Canadian Permanent Resident or Canadian Citizen?
-I work in the US and my wife lives with me in the US will these days count towards PR?
-Should I travel to Canada using American passport, and file my taxes and start working using my landing document and SIN number ?
-Should I got to Canada using my American passport and come back to US via road ?

Option 2: Applying for PR card based on spouse family sponsorship?
-how long will it take if I applied in ON ?
-How soon can I get work permit?

Leon and All appreciate your help and feedback in advance...

Hi,

did you live in Canada for at least 730 days in the past 5 years? If not, you do not qualify to renew your PR card. It seems however that you have not lost your PR status officially. You would know if you had.

Your options:

1) You could go to Canada and start working using your SIN and landing papers. However, you will run into some problems not having a valid PR card, such as when getting a health card, getting a drivers license, even applying for jobs in some cases. After 2 years in Canada, you can apply to renew your PR card based on meeting the RO again.

2) You could stay outside Canada with your wife for 2 years. Days spent with a Canadian citizen outside Canada count towards PR. 2 years with your wife and you will qualify to renew your PR card.

3) You could renounce your PR and have your wife sponsor you. If you do this from inside Canada using the inland application, you would be eligible for an open work permit which would take 3-4 months to get. As an inland applicant, you should be residing in Canada so not too much back and forth.

Even with an American passport, going back and forth can get you in trouble if you are a PR who doesn't meet the RO. An immigration officer could at any point decide to report you for not meeting the RO and you could lose your PR, however, your wife could always sponsor you again. Sponsorship probably takes a couple of years now if you apply inland but you would have a work permit. If you apply outland, it will most likely be under a year.

 

[Mimi2015]

Hi plz I'm new here
I need your advise

I landed in Canada as an immigrant and left after I got my pr card to finish an obligation back home.

Do I need to go back to Canada exactly after 6 months since the date I left the country ?

Cause I heard it is the new procedure

Waiting for your replies thanks

 

[Lammawitch]

Hi plz I'm new here
I need your advise

I landed in Canada as an immigrant and left after I got my pr card to finish an obligation back home.

Do I need to go back to Canada exactly after 6 months since the date I left the country ?
No

Cause I heard it is the new procedure
It is not. You are conflating *part* of the new citizenship requirements with PR residency requirements
Waiting for your replies thanks