PR card expires soon, need suggestions pls.

[Shilo]

 My daughter and my PR card will expire in January 2009. We have been out of Canada more than 2 of the 5 years required. We left Canada after I divorced my husband. My daughter is only 9 years old, I am hoping to bring her back to Canada so that she could study there permanently. I know we are in trouble, I know we won´t qualify to renew our PR cards as we do not meet the renewal requirement.

My question is: Assuming we enter Canada without any problem at the custom, and we will be living in Canada from Sept 2008 to Oct 2010, will they let us renew our PR cards, even the PR cards will expire in January 2009? What other options do I have?

[Leon]

It's actually 3 years you can be living outside of Canada.  If you do get into Canada without problems, you don't actually have to renew your PR card since there is no law that you have to have a valid one unless you travel.  When you do decide to renew it, they will ask about your residency in the last 5 years only.

If you have been gone from Canada more than 3 years and they catch you at customs, they will give you a month to appeal.  If you can't prove that you have been living in Canada during that time, you lose your PR.

[Shilo]

Hi Leon,

Thanks for the reply. Let me get this straight: if we don't plan on travelling outside of Canada after returning, we could continue living in Canada even though our PR cards expire in January 2009? Can we then live there continuously for three years and apply for citizenship?

[Leon]

Yes, that is if you were not gone for total 1095 days or more since you became permanent resident and don't have any problems when you arrive in customs.  You could let your PR card expire, live in Canada for 3 years and then apply for citizenship. You do not need to have a PR card to apply for citizenship.