Help: Restart an FSW application vs Renew an expired PR??

[hhy885]

Hello Gurus,

Guess I would need some help here although I have tried to read though the relevant threads for days now.

I am a holder of PR card which was actually expired, JUL 2009 , what is worst, is that I haven't put my feet on Canada ever since I landed in June 2004 for a short stay...

I had a reason to come back though back then. My mother was seriously sick, being her most loved little son I had to stay and accompany her...and she passed away around 2 years later. This was a true, and sad story, however I realize it wouldn't necessarily make the case to be on H&C grounds, if I appeal for PR renewal, since it happened 5 years ago. Also unfortunately I haven't managed to find a way to stay compliant with RO until it's too late.

So why now? Well, my kid will go to college in US next year. My wife is also planning to go back to school for an MBA in US or Canada. So I think it's time for me to make the move. In the first place, I have assumed that I had lost my PR status since my PR card has been expired so long. And in order to be able to go back to Canada I will have to re-apply as the FSW (with 25000 Cap in 2014). In the meantime, I was wondering what the impact might be because I was a expired PR holder.

And then just a few days ago I realized from the CIC website that technically I am still a PR until it's revoked after a PRTD application and assessment. I understand that my chance of getting the PRTD is slim to zero. But I am a bit torn now whether or not I should go straight ahead apply the PRTD, let them revoke my PR and I re-apply the FSW right away, since the window for the 2014 FSW application is also closing soon, OR could I possibly take the chance to go back in Canada, via land or whatever, with the expire PR card, when my wife will be studying there some time next year.

I need help to move on and move on quickly on the right direction~ Any suggestion or advice is highly appreciated!

Thank you!
H

 

[Leon]

So what is your wife's status in Canada? Would she be going on a study permit? If your wife happens to be Canadian and you have been living with her outside Canada for at least 2 out of the past 5 years, you would still meet the residency obligation because of that.

If not, you could enter Canada by land with your expired card to see what happens. Odds are that they will report you for not meeting the RO as you enter. You could use the opportunity to officially renounce your PR status in order to be able to apply again or you could appeal which will take a long time and you will likely lose. If you do get into Canada without getting reported, you could theoretically stay for 2 years straight in order to put your PR status back in good standing but with an expired PR card, you may face some challenges getting a drivers license, getting health care etc. Some potential employers may ask to see it too. In theory, you are not supposed to need a PR card to live in Canada, just for travel, but in reality, more and more parties seem to be asking for it as proof of your valid PR status.

 

[hhy885]

Thanks for the prompt response.

No, my wife is not Canadian. She didn't even get to landing with me in 2004 and the IM-1 visa got waived. She will most likely be going on a student permit.

It seems I should stay put and wait to join my wife when she's there. I could probably enter Canada by land with my expired card. So
a. I should be allowed to enter correct, or no guarantee??
b. I might get reported for not meeting the RO and I would need to respond in 30 days and appeal which will take a long time... I am wondering, in the worst scenario, if I have to appeal and lose,
i. what do they do with me? will they deport me or something?
ii. will it have any negative impact on any future application?
iii. how long will I be able to stay in Canada? I am hoping I could find a way out to be able to stay by then

Thanks again!

 

[Leon]

a. You will be allowed to enter but possibly will be reported as you do.
b. If you appeal, you will be allowed to renew your PR card for 1 year at a time and remain in Canada during the appeal processing which can take 1-2 years.
i. If you lose, you will lose your PR and be asked to leave within 30 days. If you do not leave or apply for another visa, you will be deported.
ii. If you are deported, yes.
iii. During the appeal, 1-2 years you could stay.

It might however be more straight forward since you really don't have much chance of winning an appeal that since your wife will be a student in Canada and you are eligible for an open work permit based on that, that if reported, you simply renounce your PR and ask to be allowed to enter as a visitor and after 30 days of not appealing your renouncement, apply to change your status to open work permit based on your wife's study permit.

Once you get a skilled job, you just have to work for 1 year and then you can apply for your PR again under CEC and for your wife too. You can however not apply for your child if he's 19 or older when you apply for PR. If he wants to join you, he would have to qualify himself.

 

[Anuq8]

Hi hhy885,

As per my understanding and analysis, applying for a travel document will not ultimately lead to the revoke of PR status. PR will be revoked only if you sign for the voluntary relinquishment [see cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf] pages 23 and 24

In our case, we have PR and landed in March 2009. And not spent 730 days inside Canada, obviously the PR card expired in june 2014. As I don't have specific strong reason as to convince for Humanitarian appeal, I was left with 2 options:
1. Either to apply for travel document and enter Canada, and stay for 2 years inside with expired PR card, and then get my card renewed. As said in this forum, this will have unnecessary situations to face because of my expired card. And if I travel outside during this time, obviously I am ruling out the possibility to re-enter.
2. Or to apply freshly under FSW 2014

I have opted for the 2nd option and has re-applied. May 9th applicant, and i'm still waiting for any response from CIC.

All the best.

 

[hhy885]

Hi hhy885,

As per my understanding and analysis, applying for a travel document will not ultimately lead to the revoke of PR status. PR will be revoked only if you sign for the voluntary relinquishment [see cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf] pages 23 and 24

In our case, we have PR and landed in March 2009. And not spent 730 days inside Canada, obviously the PR card expired in june 2014. As I don't have specific strong reason as to convince for Humanitarian appeal, I was left with 2 options:
1. Either to apply for travel document and enter Canada, and stay for 2 years inside with expired PR card, and then get my card renewed. As said in this forum, this will have unnecessary situations to face because of my expired card. And if I travel outside during this time, obviously I am ruling out the possibility to re-enter.
2. Or to apply freshly under FSW 2014

I have opted for the 2nd option and has re-applied. May 9th applicant, and i'm still waiting for any response from CIC.

All the best.

Thanks for sharing Anuq8.
It looks like our cases are somehow similar. Re-applying FSW seems to be more straight forward and hassle-avoiding, and per my understanding is that you would need to renounce your PR status and a 30 days of not appealing your renouncement, before they would start processing your FSW application, also you're likely to be requested to provide a supplement explaining renouncement of your previous PR...
Thanks again please keep me posted on your progress.
Best!

 

[hhy885]

a. You will be allowed to enter but possibly will be reported as you do.
b. If you appeal, you will be allowed to renew your PR card for 1 year at a time and remain in Canada during the appeal processing which can take 1-2 years.
i. If you lose, you will lose your PR and be asked to leave within 30 days. If you do not leave or apply for another visa, you will be deported.
ii. If you are deported, yes.
iii. During the appeal, 1-2 years you could stay.

It might however be more straight forward since you really don't have much chance of winning an appeal that since your wife will be a student in Canada and you are eligible for an open work permit based on that, that if reported, you simply renounce your PR and ask to be allowed to enter as a visitor and after 30 days of not appealing your renouncement, apply to change your status to open work permit based on your wife's study permit.

Once you get a skilled job, you just have to work for 1 year and then you can apply for your PR again under CEC and for your wife too. You can however not apply for your child if he's 19 or older when you apply for PR. If he wants to join you, he would have to qualify himself.

Hi Leon,
Would it be advisable to apply freshly under FSW 2014 as what Anuq8 is doing vs entering Canada with my expired card and deal with all the hassles, if they crop up? Obviously the latter option has quite some uncertainty to deal with, nevertheless, the former option is also a tedious and time/money consuming process too...
Thanks again,

 

[Leon]

Hi Leon,
Would it be advisable to apply freshly under FSW 2014 as what Anuq8 is doing vs entering Canada with my expired card and deal with all the hassles, if they crop up? Obviously the latter option has quite some uncertainty to deal with, nevertheless, the former option is also a tedious and time/money consuming process too...
Thanks again,

If you are certain that you qualify to apply for PR, it may be a better option than to try to revive your old one.