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Living in Canada with Expired PR Card

AbbaSahib

Newbie
Jun 4, 2012
7
0
Dear Immigration Know How specialists,

Could you explain in legal terms the following: (preferably, if possible qouting any clause of Law)

1. Is it Legal to Live in Canada with Expired PR Card, as long as one enters canada before PR expiry ?

2. Entering canada near to expiry & after that, Living 730 Days, will the PR renewal guaranteed ?

Thanks
 

Leon

VIP Member
Jun 13, 2008
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1. Yes but it is possible when you enter Canada with your still valid PR card that it will come out that you do not meet the residency requirements. The immigration officer can choose to report you and if that happens, they will still let you in but they will start proceeding to revoke your PR status. You can appeal this and fight for your PR.

2. If you manage to live in Canada for a full two years without being reported and losing your PR, they will have to renew your PR card.
 

AlejoG

Newbie
Jun 1, 2012
4
0
Leon,
I´ve posted a similar question before.
What I would like to know is, in case Immigration Canada want to revoke my PR and I lose my appeal, that means I have to leave the country?
 

Leon

VIP Member
Jun 13, 2008
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AlejoG said:
Leon,
I´ve posted a similar question before.
What I would like to know is, in case Immigration Canada want to revoke my PR and I lose my appeal, that means I have to leave the country?
Yes, if they conclude that you do not meet the residency requirements and issue a removal order, then you must leave.
 

AbbaSahib

Newbie
Jun 4, 2012
7
0
Leon said:
1. Yes but it is possible when you enter Canada with your still valid PR card that it will come out that you do not meet the residency requirements. The immigration officer can choose to report you and if that happens, they will still let you in but they will start proceeding to revoke your PR status. You can appeal this and fight for your PR.

2. If you manage to live in Canada for a full two years without being reported and losing your PR, they will have to renew your PR card.
Thanks for the information
 

black crow

Full Member
Nov 21, 2010
48
1
Leon said:
1. Yes but it is possible when you enter Canada with your still valid PR card that it will come out that you do not meet the residency requirements. The immigration officer can choose to report you and if that happens, they will still let you in but they will start proceeding to revoke your PR status. You can appeal this and fight for your PR.

2. If you manage to live in Canada for a full two years without being reported and losing your PR, they will have to renew your PR card.
how the officer will calculate at the port of entry that someone meet the residency requirement or not. what record he has on his disposal at that moment.
 

indian2.

Member
May 30, 2012
19
0
AbbaSahib said:
Dear Immigration Know How specialists,

Could you explain in legal terms the following: (preferably, if possible qouting any clause of Law)

1. Is it Legal to Live in Canada with Expired PR Card, as long as one enters canada before PR expiry ?

2. Entering canada near to expiry & after that, Living 730 Days, will the PR renewal guaranteed ?

Thanks
 

AbbaSahib

Newbie
Jun 4, 2012
7
0
Leon said:
I don't think they did anything to officially revoke your PR back then because at that time, you still had the chance to meet the residency requirements. Knowing that, why did you not stay for 2 years back then?

If you come back now with your expired PR card, not meeting the residency requirements, it is a lot more likely that they will officially report you for not meeting the requirements and revoke your PR but you can try. If they report you, you have 30 days to make an appeal of why you should keep your PR. If they don't report you, you can stay for 2 years and then renew but you could face some problems settling in Canada with an expired PR card, for example when you try to apply for health care and a drivers license.
Dear Leon, You have quoted above that one can face problems settling in canada with expired card, could you elaborate what could be the issues, because you have said earlier its legal to stay with expired card.
 

Leon

VIP Member
Jun 13, 2008
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AbbaSahib said:
Dear Leon, You have quoted above that one can face problems settling in canada with expired card, could you elaborate what could be the issues, because you have said earlier its legal to stay with expired card.
It is not illegal to stay with an expired card and technically, you are not supposed to need a PR card if you stay within Canada. However, different agencies may want you to prove that you are in Canada legally and in order to do that, they may ask for your PR card. If you say you don't have one, you lost it, you didn't renew it yet etc. they might accept your landing papers as proof of your PR status but it could be a bit more of a hassle because most PR's do have valid PR cards and have no problem showing them if somebody asks. I have also heard that it is a problem for students for some reason.