Next steps as PR card expired due to residency obligations are not met.

[rajesh_arr]

Hi All,

I am posting this on behalf of my friend. Here is his story. Please advise what he can do to get his permanent residency back.

1- He got his PR card in 2005
2- Got married in 2008
3- After completing his 730 days obligation , he along with his wife went back to India
4- They got pregnant in India.
5- Doctor advised his wife not to travel due to pregnency related complications.
6- He stayed back and then never returned to Canada.
7. His PR card expired in 2010 and his wife expired in 2013.

He has a son now.

Now he wants to come back and settle in Canada.

1- Can he get his Permanent residency back?
2- What are his options?

He cannot get PR if he applies fresh as he will not get the enough points. He is 41 now.

Thanks all for your help!

 

[Rob_TO]

1- Can he get his Permanent residency back?

Technically they haven't lost PR status yet. They are still PRs, only with expired PR cards and not meeting the residency obligations.

2- What are his options?

I would say not much. I don't see any way they will be able to keep their PR status going forward. A pregnancy related medical issue does not explain 5+ years outside Canada so that will not work as a H&C issue. Sounds like they simply chose to remain in India for work or other reasons after the baby was born.

In order to return to Canada they will need to apply for PR Travel Documents, and a TRV for their child. The PR Travel Docs will most likely be refused and their PR status revoked. They can choose to appeal and return to Canada to do so, but again I doubt an appeal will have much chance of succeeding.

Or they can attempt to fly to USA and cross into Canada at a land border by car. Most likely they would be reported for not meeting RO, but in case they are not reported they could then remain in Canada 2 years straight and only then apply for PR card. This would create many more complications as most likely their SINs are dormant due to inactivity, and they couldn't sponsor their child until 2+ years have passed.

 

[rajesh_arr]

Thanks ROB_TO for your reply! I thought meeting earlier PR obligation i.e. between 2005 and 2010 would help him in someway. But it seems it will not.

 

[Leon]

Thanks ROB_TO for your reply! I thought meeting earlier PR obligation i.e. between 2005 and 2010 would help him in someway. But it seems it will not.

No, it is not enough to meet it once. You always have to have 730 days in Canada in the past 5 years and he's not even close.