US citizen with expired PR card can i pay domestic fees in university

[NkiruA]

Hello my family received permanent residency in 2004 but only stayed a few days in Canada and PR card expired in 2009. My children are US citizens. My daughter just turned 18 and has offers of admission to a couple of Canadian universities. My son is 16 years old and would like to go to Canada for final year of high school. Should my daughter apply for PRTD on H&C grounds since she was removed from Canada as a minor hoping that it will be granted and she can then apply for a new PR card from within Canada? However since it takes a while to get a new PR card, would the university accept her as a PR with an expired PR card because she was granted a PRTD? Or should she just apply for a study permit at the border, pay international fees for two years until she meets RO obligations and then get new PR card and pay domestic fees for the next couple of years of university? Would she have problems getting a study permit at the border if she is a PR with expired card?

For my minor son, can he just enter Canada with his US passport, keep quiet about being a PR and then enrol in high school and stay in the country until he meets his PR residency?

I appreciate your help. Thank you.

 

[scylla]

Yes - she will definitely have issues getting a study permit at the border with an expired PR card. Your daughter won't be granted a study permit unless she formally gives up her PR status first. So if she goes the study permit route, her PR status will be officially gone. If keeping her PR status is important, she needs to apply for a PRTD through H&C and forget the study permit route. She should have no issues getting approved given she is only 18. Universities do typically ask for proof of your status. A PRTD doesn't grant status but simply allowed you to enter Canada as a PR. As soon as the PRTD is approved, she should return to Canada and then apply to renew her PR card. Ideally she should apply for the PRTD now so there is hopefully time for it to be granted, for her to return to Canada and for the PR card to be issued before school starts (you're already short on time).

Yes - your son can try to do as you've proposed. Note there is always some chance he could be reported at the border for failing to meet RO.

 

[Rob_TO]

Should my daughter apply for PRTD on H&C grounds since she was removed from Canada as a minor hoping that it will be granted and she can then apply for a new PR card from within Canada?

Yes, that is a very common H&C reason so most likely the PR TD would be approved and once back in Canada she could apply to renew PR card immediately.

However since it takes a while to get a new PR card, would the university accept her as a PR with an expired PR card because she was granted a PRTD?

It's entirely up to the university what proof they will accept of PR status, in lieu of a valid PR card. You are best to call them directly and ask.

Or should she just apply for a study permit at the border, pay international fees for two years until she meets RO obligations and then get new PR card and pay domestic fees for the next couple of years of university? Would she have problems getting a study permit at the border if she is a PR with expired card?

It will be physically impossible to get a study permit. PRs are not eligible for any other visa/permits, since they are PRs.

For my minor son, can he just enter Canada with his US passport, keep quiet about being a PR and then enrol in high school and stay in the country until he meets his PR residency?.

Why would he do that? He also has same perfectly valid H&C reasons, so just apply for the PR TD and renew PR card as soon as back in Canada.

He will face the same issue with the high school, they will want to see some proof of his PR status since he won't have a study permit, so will need to call any high school directly to ask what proof they will accept for PR.

Of course I assume you understand that your own PR status can't be renewed so easily, so while your kids can most likely stay PRs and live in Canada due to their age you are probably out of luck. Only real possibility for you, is if you sneak back into Canada without being reported and stay 2 years without leaving to come back into compliance with the RO.

 

[NkiruA]

Yes, that is a very common H&C reason so most likely the PR TD would be approved and once back in Canada she could apply to renew PR card immediately.



It's entirely up to the university what proof they will accept of PR status, in lieu of a valid PR card. You are best to call them directly and ask.



It will be physically impossible to get a study permit. PRs are not eligible for any other visa/permits, since they are PRs.



Why would he do that? He also has same perfectly valid H&C reasons, so just apply for the PR TD and renew PR card as soon as back in Canada.

He will face the same issue with the high school, they will want to see some proof of his PR status since he won't have a study permit, so will need to call any high school directly to ask what proof they will accept for PR.

Of course I assume you understand that your own PR status can't be renewed so easily, so while your kids can most likely stay PRs and live in Canada due to their age you are probably out of luck. Only real possibility for you, is if you sneak back into Canada without being reported and stay 2 years without leaving to come back into compliance with the RO.

Thank you very much for your replies. Do you know how long it will take to get a PR card renewal? From what I have seen from most universities, you need to show valid PR card or some Canadian government issued ID which none of us have. If she cannot get into a university without showing a valid PR card then I guess our choice is to either renounce her PR and apply for a study permit at the boarder and pay international fees or apply for a PRTD and then stay out of school until she gets a PR card. If that is just a couple of months that is no problem, but if it could be like a year and if there may be any risk with this then it is not an attractive option. What would your advise? Also yes I understand that the only way to keep my own PR status is to sneak in and not leave for 2 years. I am not keen on that option, so I am thinking about renouncing so that I can just get travel visas to at least visit them when they are in school. Does anyone know how long it takes to get the PR renounced? I am thinking of entering via land border and then renouncing after that so that at least I don't need to go through hassle of getting a visa immediately. Would this work?

 

[Rob_TO]

Thank you very much for your replies. Do you know how long it will take to get a PR card renewal? From what I have seen from most universities, you need to show valid PR card or some Canadian government issued ID which none of us have. If she cannot get into a university without showing a valid PR card then I guess our choice is to either renounce her PR and apply for a study permit at the boarder and pay international fees or apply for a PRTD and then stay out of school until she gets a PR card. If that is just a couple of months that is no problem, but if it could be like a year and if there may be any risk with this then it is not an attractive option. What would your advise?

I would advise to call the school and ask them directly what proof they will accept of PR status outside of a PR card.

I am thinking of entering via land border and then renouncing after that so that at least I don't need to go through hassle of getting a visa immediately. Would this work?

Yes if you come by land border, your PR status would guarantee you entry even if you're not in compliance with the RO. If reported by CBSA you would have some time (I think at least 1 month) to decide to appeal the decision or not. After that window is up and you don't appeal, your PR status would be officially revoked. Or you could see if CBSA would let you in as a visitor instead if you voluntarily renounced your PR status with CBSA on the spot.

 

[NkiruA]

I would advise to call the school and ask them directly what proof they will accept of PR status outside of a PR card.



Yes if you come by land border, your PR status would guarantee you entry even if you're not in compliance with the RO. If reported by CBSA you would have some time (I think at least 1 month) to decide to appeal the decision or not. After that window is up and you don't appeal, your PR status would be officially revoked. Or you could see if CBSA would let you in as a visitor instead if you voluntarily renounced your PR status with CBSA on the spot.

Thank you very much for your advice.

 

[NkiruA]

Thank you very much for your advice.

Does anyone know how long it is currently taking to process application for a new PR card if you arrive Canada with a PRTD given on H&C grounds and you have not met RO obligations?

 

[canuck_in_uk]

Does anyone know how long it is currently taking to process application for a new PR card if you arrive Canada with a PRTD given on H&C grounds and you have not met RO obligations?

When a PRTD is granted based on H&C grounds, the person is considered to be once again in compliance with the Residency Obligation.

http://www.cic.gc.ca/EnGLIsh/information/times/index.asp

Renewing or replacing a PR card

66 days

Working on applications received on March 13, 2017.

 

[NkiruA]

Excellent thanks