PR card expiring May 22

[ukhan018]

Hi. We have PR card expiring in May 22 for husband, myself and 6 year old. We have a 3 year old who was born after we got the PR cards and made our landing.

When landing, we stayed in Canada for a week and got SIN numbers for all 3 of us. We applied for both Canada and Australian immigration at the same time. We got updates from CIC on our after we moved to Australia and then 2 years in we made our landing. We wanted to then finish the 3 years for Australian immigration. Once we got citizen, COVID happened and Australia closed its border. (we got our citizenship in an online ceremony).

Now the borders are open and we have started looking into it again. We are definitely not in a position to move in the next 3 months to Canada. Quite settled here and love the country.

We do, however, want our sons to be able to exercise the option if they ever want to in future. I have looked into the forum and see that there will be an option for them to enter (they dont need visas being Australian citizens) and reapply for extension snce they were minors when we moved. Now I want to understand what is the best options for us to do in this case and also what we need to do for our 3 year old who has not gotten his PR yet. Can we apply for some visa and travel to Canada before May 22 to be able to activate his PR?

Please guide.

Thank and regards

 

[canuck78]

Hi. We have PR card expiring in May 22 for husband, myself and 6 year old. We have a 3 year old who was born after we got the PR cards and made our landing.

When landing, we stayed in Canada for a week and got SIN numbers for all 3 of us. We applied for both Canada and Australian immigration at the same time. We got updates from CIC on our after we moved to Australia and then 2 years in we made our landing. We wanted to then finish the 3 years for Australian immigration. Once we got citizen, COVID happened and Australia closed its border. (we got our citizenship in an online ceremony).

Now the borders are open and we have started looking into it again. We are definitely not in a position to move in the next 3 months to Canada. Quite settled here and love the country.

We do, however, want our sons to be able to exercise the option if they ever want to in future. I have looked into the forum and see that there will be an option for them to enter (they dont need visas being Australian citizens) and reapply for extension snce they were minors when we moved. Now I want to understand what is the best options for us to do in this case and also what we need to do for our 3 year old who has not gotten his PR yet. Can we apply for some visa and travel to Canada before May 22 to be able to activate his PR?

Please guide.

Thank and regards

As a PR your child needs to travel with a valid PR card or a PRTD even if they are an Australian citizen. Your other child does not qualify for PR. You would have to return before March 22 or try to return based on H&C reasons or via the US border while trying not to be reported and one parent would need to sponsor your 3 year old while living in Canada. Since you don’t meet your RO you could be reported and have to appeal to try to keep your PR if you try to enter before May 22. That would end up being years. Sponsoring takes 5-12 months and you must be compliant with your RO to sponsor a child so that would really take around 3 years. If your children don’t meet their RO their return as PRs aren’t guaranteed. Your family has essentially chosen Australia.

 

[ukhan018]

Thanks for the response. Is there any option to reach out to CIC and apply for a renewal under H&C since due to COVID it was very hard to settle in a new country for the last many years.

If there is no option for H&C grounds due to COVID, I want to understand what other options we have. I read on this forum that under the PR you cannot be denied entry and your right to remain in the country is not linked to the visa which is for the entry.

In this instance, we don't need a visa to enter. If we ever choose to, can't we enter the country and then stay in and apply for a renewal once we meet the RO?

For my older son, can't his PR be renewed if he returns back after he turns 18 and applies for a consideration under H&C. I understand that he may not need to do that but just want to know what are all the options available in this instance if we don't renounce our PR?

Thanks and regards

 

[IndianBos]

Thanks for the response. Is there any option to reach out to CIC and apply for a renewal under H&C since due to COVID it was very hard to settle in a new country for the last many years.

If there is no option for H&C grounds due to COVID, I want to understand what other options we have. I read on this forum that under the PR you cannot be denied entry and your right to remain in the country is not linked to the visa which is for the entry.

In this instance, we don't need a visa to enter. If we ever choose to, can't we enter the country and then stay in and apply for a renewal once we meet the RO?

For my older son, can't his PR be renewed if he returns back after he turns 18 and applies for a consideration under H&C. I understand that he may not need to do that but just want to know what are all the options available in this instance if we don't renounce our PR?

Thanks and regards

You can't apply for H&C from outside Canada, there is no option.

You can't be denied entry as a PR, but if you enter using Aus passport and then try to live as a PR, that is considered misrepresentation. You need to check what are the consequences of misrepresentation. Also, border agents will be able to flag using name and DoB.

Since your older son is still a minor and a PR, they may be eligible for H&C reasons to enter and live as a PR when they are 18. A lot of other forum members have posted on this topic if you read through. From what I understand, the closer they are to 18 years to do this, the better their chances are.

Your younger son doesn't have a PR and will not have the same rights as your older son unless you live in Canada and sponsor him. You cannot sponsor him while living in Aus.

 

[armoured]

Is there any option to reach out to CIC and apply for a renewal under H&C since due to COVID it was very hard to settle in a new country for the last many years.

After your PR card expires, you can apply for a PRTD to travel to Canada and include H&C reasons. They might approve, they might not. If not approved, that would be the start of process to revoke your PR status (subject to appeal, but you might not win that either).

Even if granted, this would really amount to permission to settle in Canada (anew), and not be practical as a way to just keep PR status indefintiely without living in Canada.

I read on this forum that under the PR you cannot be denied entry and your right to remain in the country is not linked to the visa which is for the entry. ... In this instance, we don't need a visa to enter.

If you arrive at a port of entry eg from USA, you won't be denied entry - but they can report you and start process of revoking your PR status.

But note, to board a flight to Canada, even with a visa free (visa waiver) passport, you'll need an ETA (if PR card is expired) and you won't be issued one if you're a PR.

The likelihood of just being let in and them not realising you are a PR is much less likely nowadays (ummm, computers). And if you did, it would still be misrepresentation.

In short: I agree with assessment of others, you settled on Australia whether you realised it at the time or not. To really retain PR status for all of you would not be without risk and require serious commitments and issues in long term.

Your one son who is a PR might be able to retain in future (as discussed) but not automatic - and would really involve him moving to Canada quasi-permanently at 18. Seems like something he would have to decide.

 

[steaky]

But note, to board a flight to Canada, even with a visa free (visa waiver) passport, you'll need an ETA (if PR card is expired) and you won't be issued one if you're a PR.

Except if the name on the expired PR card was different from the name shown on the other passport.

 

[armoured]

Except if the name on the expired PR card was different from the name shown on the other passport.

Fair enough. Yes, there are circumstances where IRCC might not 'match' the person to PR status - but increasingly less so.

At which point, not entering as a PR would be a misrepresentation.

 

[Copingwithlife]

Hi. We have PR card expiring in May 22 for husband, myself and 6 year old. We have a 3 year old who was born after we got the PR cards and made our landing.

When landing, we stayed in Canada for a week and got SIN numbers for all 3 of us. We applied for both Canada and Australian immigration at the same time. We got updates from CIC on our after we moved to Australia and then 2 years in we made our landing. We wanted to then finish the 3 years for Australian immigration. Once we got citizen, COVID happened and Australia closed its border. (we got our citizenship in an online ceremony).

Now the borders are open and we have started looking into it again. We are definitely not in a position to move in the next 3 months to Canada. Quite settled here and love the country.

We do, however, want our sons to be able to exercise the option if they ever want to in future. I have looked into the forum and see that there will be an option for them to enter (they dont need visas being Australian citizens) and reapply for extension snce they were minors when we moved. Now I want to understand what is the best options for us to do in this case and also what we need to do for our 3 year old who has not gotten his PR yet. Can we apply for some visa and travel to Canada before May 22 to be able to activate his PR?

Please guide.

Thank and regards

You can’t make this stuff up.
You stayed for a week and thinking of a H&C ?
You chose another country

 

[scylla]

Hi. We have PR card expiring in May 22 for husband, myself and 6 year old. We have a 3 year old who was born after we got the PR cards and made our landing.

When landing, we stayed in Canada for a week and got SIN numbers for all 3 of us. We applied for both Canada and Australian immigration at the same time. We got updates from CIC on our after we moved to Australia and then 2 years in we made our landing. We wanted to then finish the 3 years for Australian immigration. Once we got citizen, COVID happened and Australia closed its border. (we got our citizenship in an online ceremony).

Now the borders are open and we have started looking into it again. We are definitely not in a position to move in the next 3 months to Canada. Quite settled here and love the country.

We do, however, want our sons to be able to exercise the option if they ever want to in future. I have looked into the forum and see that there will be an option for them to enter (they dont need visas being Australian citizens) and reapply for extension snce they were minors when we moved. Now I want to understand what is the best options for us to do in this case and also what we need to do for our 3 year old who has not gotten his PR yet. Can we apply for some visa and travel to Canada before May 22 to be able to activate his PR?

Please guide.

Thank and regards

- There is no way for your younger son to benefit from your status. He wasn't included in your application and there is nothing for him to "activate". In order for him to qualify for PR, you would first need to move to Canada, then live in Canada for 2 years to meet the residency obligation, and then once you meet the residency obligation, submit an application to sponsor him for PR. You would then have to continue living in Canada while that application is processed. So to make a long story short, you'd need to be ready to move to Canada and live here for 3 years in order for your younger son to realize a benefit. Otherwise he's out of luck and will need to qualify and apply on his own once he's an adult.

- The path for your older son is uncertain. Once he turns 18 or 19, he can try to apply for a PR Travel Document with H&C considerations and argue that the ability to return to Canada and keep his PR status should be granted since he was removed from Canada as a minor by his parents. However I would say it's 50/50 whether this will be approved. Recently, IRCC has been increasingly assessing if the family ever establshed themseles in Canada in determining if H&C should be approved in cases where someone was removed as a minor. Your family only remained for a few weeks and never established yourselves here. So that significantly weakens the H&C argument and makes approval quite uncertain. He should certainly try once he's old enough and assuming he is ready to move to Canada at that point. Note that if he's going to try, he should do it before he turns 21 (ideally at 18 or 19). As a person starts getting older, the chances of approval start to significantly decrease.

 

[canuck78]

Hi. We have PR card expiring in May 22 for husband, myself and 6 year old. We have a 3 year old who was born after we got the PR cards and made our landing.

When landing, we stayed in Canada for a week and got SIN numbers for all 3 of us. We applied for both Canada and Australian immigration at the same time. We got updates from CIC on our after we moved to Australia and then 2 years in we made our landing. We wanted to then finish the 3 years for Australian immigration. Once we got citizen, COVID happened and Australia closed its border. (we got our citizenship in an online ceremony).

Now the borders are open and we have started looking into it again. We are definitely not in a position to move in the next 3 months to Canada. Quite settled here and love the country.

We do, however, want our sons to be able to exercise the option if they ever want to in future. I have looked into the forum and see that there will be an option for them to enter (they dont need visas being Australian citizens) and reapply for extension snce they were minors when we moved. Now I want to understand what is the best options for us to do in this case and also what we need to do for our 3 year old who has not gotten his PR yet. Can we apply for some visa and travel to Canada before May 22 to be able to activate his PR?

Please guide.

Thank and regards

Thanks for the response. Is there any option to reach out to CIC and apply for a renewal under H&C since due to COVID it was very hard to settle in a new country for the last many years.

If there is no option for H&C grounds due to COVID, I want to understand what other options we have. I read on this forum that under the PR you cannot be denied entry and your right to remain in the country is not linked to the visa which is for the entry.

In this instance, we don't need a visa to enter. If we ever choose to, can't we enter the country and then stay in and apply for a renewal once we meet the RO?

For my older son, can't his PR be renewed if he returns back after he turns 18 and applies for a consideration under H&C. I understand that he may not need to do that but just want to know what are all the options available in this instance if we don't renounce our PR?

Thanks and regards

Looks like you were already out of status before Covid so Covid would not have been a reason not to move.

 

[scylla]

Thanks for the response. Is there any option to reach out to CIC and apply for a renewal under H&C since due to COVID it was very hard to settle in a new country for the last many years.

If there is no option for H&C grounds due to COVID, I want to understand what other options we have. I read on this forum that under the PR you cannot be denied entry and your right to remain in the country is not linked to the visa which is for the entry.

In this instance, we don't need a visa to enter. If we ever choose to, can't we enter the country and then stay in and apply for a renewal once we meet the RO?

For my older son, can't his PR be renewed if he returns back after he turns 18 and applies for a consideration under H&C. I understand that he may not need to do that but just want to know what are all the options available in this instance if we don't renounce our PR?

Thanks and regards

- IRCC isn't offering an H&C renewal option due to COVID.
- If you want to re-enter Canada to live here permanently once your PR cards have expired, then you would need to fly to the US and then re-enter Canada through a US/Canada land border using a private vehicle. You would also need to hope that you are not reported by CBSA for failing to meet the residency requirement. If you are not reported, then you would simply enter Canada and live in Canada for 2 years straight before applying to renew your PR cards (note that you won't be able to sponsor your younger son for PR under those two years have passed). If you are reported by CBSA, then you will still be allowed into Canada but will have to appear at a hearing to argume why you should be allowed to keep your PR status.
- I addressed the question regarding your older son in my post above. Yes, he can apply for a PRTD under H&C when he turns 18. However approval is not guaranteed since your family never established yourselves in Canad before leaving. So that outcome is a dice roll.

 

[armoured]

At the risk of repeating myself: no, there is no blanket exemption for 'covid reasons.'

But: the applicants for PRTD (or indeed arriving at land border) can certainly claim that 'covid stuff' was a significant reason for them not returning earlier, and ask for H&C consideration on that basis. And while just about anyone would agree that those arguments will have less weight and less chance of being accepted if the individuals were already out of RO compliance before returning, that does not mean necessarily that IRCC will refuse H&C consideration on that basis. It will likley depend on other circumstances and factors, if any of relevance (eg possibly dating to before RO non-compliance).

So sure - try if you wish. (Note one caveat below)

That said: 'covid stuff' is a real reason, but again - depends on circumstances. It will likely - esp as covid restrictions lifted - count for increasingly less weight in an H&C consideration over time.

Or in simple terms: just saying 'covid' as some magic invocation will probably not be enough, esp going forward, except possibly in cases where the breach or non-compliance is limited anyway (i.e. where lenience probable). They might ask for more detail - and possibly a lot more detail - and test and check the claims.

But that's relevant mostly in cases where the PRs are really serious about settling and residing in Canada, and that's not this case.

So to me the answer is still: sure, apply for PRTD if you want. It might well get refused, even with 'covid reasons.' If approved, it still means a serious commitment to returning to and residing in Canada to retain PR status - which doesn't sound like the case here.

(Different situation for the one son - discussed well above. I'd add though that if parents apply for prtd for the family - those eligible - and it gets rejected, it may mean that the son's PR status gets revoked too. Something to carefully consider.)