PR card renew

[Nhiho]

Hi All

Please help me for my situation

i landed in Canada on Sep 22,2009. My PR card will be expired on Oct 26,2014.I left canada on May 22,2010 and went back to my home land.

I got married and have a baby in my home land

1,Is it ok for me to go back to canada before my PR expired? I know that i need to leave in canada at least for 2 years in order to renew my PR card. So can i go back now and stay in canada enough 2 years to re new my PR?

Can I bring my baby with me? what need to do to apply for my baby to go with me?

Please help me

 

[Nhiho]

Hi There

Please give me some advise. I'm so stressful now. Please help

 

[zardoz]

Hi All

Please help me for my situation

i landed in Canada on Sep 22,2009. My PR card will be expired on Oct 26,2014.I left canada on May 22,2010 and went back to my home land.

I got married and have a baby in my home land

1,Is it ok for me to go back to canada before my PR expired? I know that i need to leave in canada at least for 2 years in order to renew my PR card. So can i go back now and stay in canada enough 2 years to re new my PR?

Can I bring my baby with me? what need to do to apply for my baby to go with me?

Please help me

You should return to Canada as soon as possible. If your PR card expires, you would need to apply for a Travel Document.

As you do not appear to have complied with the Residency Obligations, a Travel Document might be refused. Even if you get to Canada, your Residency Obligation compliance might be examined.

If either a Travel Document is refused or you are stopped at the border and you are found to not have met the RO, you can be reported, with the possible eventual loss of your PR status.

You will not be able to successfully sponsor until you comply with the RO, by living in Canada for the required 730 days. Attempting to do so will probably result in your RO compliance being examined and you being reported.

You will have to apply for a Visitor Visa for your child, which may well be refused. If that happens, you will have to request a Temporary Resident Permit for the child instead. If this is also refused, your child will have to remain in your home country until you have lived in Canada for 730 days and successfully sponsored the child. (This is not that likely, but it is possible).

 

[Nhiho]

Hi Zardoz,

Thank you so much for your advise

If i return to canada now before my PR expire, will the immigration stop me because I live out side canada for over 3 years?

And if yes, will they ask me to go back to vietnam right away?

 

[zardoz]

Hi Zardoz,

Thank you so much for your advise

If i return to canada now before my PR expire, will the immigration stop me because I live out side canada for over 3 years?

And if yes, will they ask me to go back to vietnam right away?

Yes, they may stop you, report you for not meeting the RO and ask you to sign some paperwork.
Do NOT sign any document that says that you are giving up your PR rights or PR status.

They will NOT return you to Vietnam. As a PR (regardless of the expiry date on your card) you have the right to enter Canada.

 

[Leon]

Hi Zardoz,

Thank you so much for your advise

If i return to canada now before my PR expire, will the immigration stop me because I live out side canada for over 3 years?

And if yes, will they ask me to go back to vietnam right away?

If immigration is aware that you were outside of Canada longer than 3 years, they could report you for not meeting the residency requirements. If they do, they would let you enter Canada and give you 30 days to appeal for your PR. You would then be allowed to stay in Canada during the appeal processing which may take 1-2 years. They would even let you renew your PR card for a year at a time. You are still a PR and can work or study etc. However, winning the appeal would be based on your reasons for not returning to Canada sooner. If you were taking care of a sick relative or had medical problems of your own, you may be allowed to keep your PR in the end. If you were a minor child when you got your PR and your parents played a part in the decision for you to leave Canada, you might also be allowed to keep it. If you were an adult when you left and stayed away for personal reasons such as work or studies, you would likely lose it. If you lose it, you would have to leave.

If immigration doesn't report you when you enter Canada, you can stay in Canada for 730 days and thereby put your PR status back in good standing as you will then meet the residency requirements again. You are still a PR during this time, can work etc. but you should in that case not try to sponsor your child or apply to renew your PR card until you meet the residency requirements again.

Taking your child with you is based on getting a TRV / TRP for the baby and as the baby would not have PR status in Canada, you would have to maintain legal status of the baby by applying for extensions as needed and you may have to get health insurance for your child as it may not be covered under health care.

Once your PR status is back in good standing, you can sponsor your child and spouse. If you are leaving your spouse, you would need to show that you have full custody of the child or that the spouse approves of the sponsorship before your child can get PR.

 

[Nhiho]

Thank so much Leon

It's really help. For the appeal process, it may take 1-2 years. will this time be counted for renew my PR card?

The reason that i leave canada becase I need to taka care of my baby, he was sick all the time. Will this is a good reason?

And shuold i bring some support document for that reason?

 

[Nhiho]

If immigration doesn't report me, then i have to stay in canada for 730 days to renew my PR? the date from sep 22/2009 ( immigration landed) to may 22,2010 ( date i left canada) will not be counted any more?

 

[zardoz]

If immigration doesn't report me, then i have to stay in canada for 730 days to renew my PR? the date from sep 22/2009 ( immigration landed) to may 22,2010 ( date i left canada) will not be counted any more?

No, it will have moved outside the 1825 day window by the time you have reached the required number of days in Canada. Even if you went to Canada today, your first 365 days towards the RO would not be reached until 19 May 2015. Three days after that, none of the days before 22 May 2010 will be counted any more.