PR RENEWAL REQUEST AFTER PR CARD IS EXPIRED

[SISATAS]

Hi,

I really need some legal advice on how to proceed on my brother's PR renewal. He got his PR card on FEB 2010 and it is going to be expired on FEB 2015. He stayed for a month after he got his PR card on Feb 2010 and he only visited once more in July 2012 for two weeks.

He cannot come to stay for 730 days before his PR expires in FEB 2015. He can only come to stay for couple of months or weeks. I was wondering if he can re-apply for example 2-3 years later for a regular working permit and visa to be able to come to Canada and stay for 2 years straight and then apply for his PR renewal and somehow try to explain his absence.

Thank you for you time.

 

[zardoz]

Hi,

I really need some legal advice on how to proceed on my brother's PR renewal. He got his PR card on FEB 2010 and it is going to be expired on FEB 2015. He stayed for a month after he got his PR card on Feb 2010 and he only visited once more in July 2012 for two weeks.

He cannot come to stay for 730 days before his PR expires in FEB 2015. He can only come to stay for couple of months or weeks. I was wondering if he can re-apply for example 2-3 years later for a regular working permit and visa to be able to come to Canada and stay for 2 years straight and then apply for his PR renewal and somehow try to explain his absence.

Thank you for you time.

No. As a PR, he is not eligible for ANY form of visa to enter Canada. This will not work.

 

[scylla]

What you have proposed won't work. As long as he still has PR status it will be impossible for him to obtain a work permit or visitor visa (the visas will be automatically refused). He will have to officially give up his PR status in order to qualify for a work permit or visitor visa. Once he has officially given up his PR status, then it will no longer be possible to renew his PR card because his PR status will be gone.

 

[SISATAS]

Hi,

Thank you for your reply. So does that mean that if he cant come to Canada and stay for 2 years before his PR card expires, he has to give up his PR completely and re-apply for everything again as a new applicant? Is there any way around to keep his PR status?

Thank you.

 

[julies39]

If he cannot be in Canada for 730 days out of the 5 years he gets as a PR he will lose his PR status and yes he will have to reapply for everything again from the beginning (if he is still eligible). There is no way around this.

 

[Msafiri]

1. My understanding of the OPs question is to rephrase - "Can I live in Canada with an expired card if this expiry is before I have 730 days?"

2. You don't need a valid PR Card to live in Canada. Having a valid PR Card does make every day life easier for those processes/situations where you need to provide proof of status and the relevant business, employer, government department etc only accept a valid PR Card as proof of PR Status. While this is not a legal immigration requirement its a hard fight.

3. No you don't a valid PR card or to give up your PR status prior to the 730 days. If you enter Canada without being reported for breaching the RO (read this section of the forum where every second or so thread is about the breach) then stay under the CIC/CBSA/Law Enforcement radar by not travelling outside Canada, not applying for a PR Card/sponsoring anyone and stating out of legal problems. At day 731 apply for a new PR Card.