PR out of 4 years, want to just visit, not stay as PR.

[mombee]

Hello,

I am Japanese. I was PR. I left Canada in 2011. My PR card expired in Jan.2015.
I just want to visit, not stay for a long time. From March 16, 2016, Japan need eTA for visit Canada.
I wonder if I will be questioned in immigration in Canada. ( airport)
Do I have to mention or carry expired card?

Thank you.

 

[Rob_TO]

Hello,

I am Japanese. I was PR. I left Canada in 2011. My PR card expired in Jan.2015.
I just want to visit, not stay for a long time. From March 16, 2016, Japan need eTA for visit Canada.
I wonder if I will be questioned in immigration in Canada. ( airport)
Do I have to mention or carry expired card?

Thank you.

You can't get an eTA, since you are a PR of Canada.

So in order to board a plane to Canada you will need to either:
1. Apply for a PR Travel Document. By doing this CIC will see you don't meet the residency obligation, and will most likely revoke your PR status. You can then apply for eTA and come to Canada as visitor
2. Voluntarily renounce your PR status, and then apply for eTA to come to Canada as visitor.

Both options involve you losing your PR status. If you want to keep PR status, you'll need to apply for the Travel Doc and have some good H&C reasons for not meeting RO, and hope CIC agrees with you.

 

[mombee]

Thank you, Rob-To for response.

I have kids who have Canadian citizen & Japanese. So, I want to keep PR status.
H&C reasons : My ex had avoided me and kids and He kept kids IDs needed to go back to Canada (canadian passports were expired), etc.
I should apply for Travel documents. I read here (this site), If I could be not reported at immigration, I have to stay in canada for 2 years straight for waiting to renew the card.
This time, I just want to stay only a few months. I wonder what I should do in this situation.

 

[Rob_TO]

Thank you, Rob-To for response.

I have kids who have Canadian citizen & Japanese. So, I want to keep PR status.
H&C reasons : My ex had avoided me and kids and He kept kids IDs needed to go back to Canada (canadian passports were expired), etc.
I should apply for Travel documents. I read here (this site), If I could be not reported at immigration, I have to stay in canada for 2 years straight for waiting to renew the card.
This time, I just want to stay only a few months. I wonder what I should do in this situation.

If you apply for a PR Travel Document, it will trigger an automatic investigation into your PR residency obligation. This means that CIC will need to assess your H&C reason to see if it qualifies you to overcome the RO and keep your PR status. Usually H&C is allowed for medical conditions and things like that... i've never heard one similar to your case so I really have no idea how it will go.

You need to be prepared that CIC will reject your H&C claim and revoke your PR status. If this happens you will lose PR, but will still be able to travel to Canada as a visitor.

If CIC accepts your H&C consideration, they will issue you the Travel Doc. With this you can return back to Canada and then apply for your PR card renewal immediately.

However even if you're successful and get the PR TD and renew your PR card, once you leave Canada again you may face the same problem of being reported for not meeting RO the next time you try to enter. If you have a valid PR card you dont need a travel doc, but CBSA can report you upon entering Canada. While a positive H&C decision allows you to renew the PR card immediately, I don't think it also resets your residency obligation requirement.