Question on PR travel document

[IvanM]

Hi,

My wife's and my PR expires in Sept 2015 and we have always been out of Canada. We intend to arrive next month and not leave for 2 years to fulfill the RO.

However my son (he is 7 now) could not get his card due to photo-mismatch. Will we be able to get PR travel document for him or will there be a problem (considering we are out of Canada since 2010) ?

Thanks,
Ivan

 

[believe13]

Hi

To my knowledge you have not met the RO of 730 days(2/5)as never stayed in Canada for that long, you should have come back & stayed from Sept 2013? Are you from visa exempt country?

As for your son I'm not sure of his situation maybe an expert will be able to answer

 

[zardoz]

Hi,

My wife's and my PR expires in Sept 2015 and we have always been out of Canada. We intend to arrive next month and not leave for 2 years to fulfill the RO.

However my son (he is 7 now) could not get his card due to photo-mismatch. Will we be able to get PR travel document for him or will there be a problem (considering we are out of Canada since 2010) ?

Thanks,
Ivan

There is a strong possibility of you being reported for not meeting the Residency Obligation when you enter Canada. You could end up having your PR status revoked. The chances of your son obtaining a PR Travel Document are not good if they take your time outside Canada into account. You really have two choices if your son doesn't hold a visa-exempt passport. 1) Apply for the PRTD and see what happens, or 2) attempt to cross into Canada over the USA land border, where a PR card is not required.

 

[IvanM]

Thanks Guys. Not very encouraging but will try my luck.

BTW I'm from non-visa exempt country.

Thanks,
Ivan.

 

[encantado]

Thanks Guys. Not very encouraging but will try my luck.

BTW I'm from non-visa exempt country.

Thanks,
Ivan.

There is no sense in trying your luck. You may get permission to enter the country but you will not be able to renew your PR-card because of not meeting the Residency Obligation. It's against the law and your luck won't be taken into consideration.

 

[scylla]

There is no sense in trying your luck. You may get permission to enter the country but you will not be able to renew your PR-card because of not meeting the Residency Obligation. It's against the law and your luck won't be taken into consideration.

This information is entirely incorrect.

As long as the OP's PR is valid - he will be allowed into Canada. It's not a "may get permission". He will definitely be allowed it.

If the OP is allowed into Canada without being reported for failing to meet the residency obligation, then he can remain in Canada for two year without leaving and then apply to renew his PR card. This is perfectly legal and if he waits two years he will have no issues renewing his PR card.

The challenge with this situation is the son who doesn't have a PR card. This is the part that will complicate their plans since it's quite possible the son will not be approved for a TD in which case they can try entering via a US land border.

 

[encantado]

This is perfectly legal and if he waits two years he will have no issues renewing his PR card.

You try to trick with the government. If you don't meet the Residency Obligation your permanent resident status may be withdrawn. Cuz PR card is just a proof of your status and allows you to enter Canada. And this information is provided by CBSA.

 

[zardoz]

You try to trick with the government. If you don't meet the Residency Obligation your permanent resident status may be withdrawn. Cuz PR card is just a proof of your status and allows you to enter Canada. And this information is provided by CBSA.

Are you seriously trying to tell someone that's been on the forum for 5 years and has 15,000 posts that you know better? Scylla is correct.

 

[encantado]

Are you seriously trying to tell someone that's been on the forum for 5 years and has 15,000 posts that you know better? Scylla is correct.

I don't care how many years u are on the forum and how many posts u have. My brother is CBSA's officer and he knows immigration law.

 

[zardoz]

I don't care how many years u are on the forum and how many posts u have. My brother is CBSA's officer and he knows immigration law.

I suggest that you study http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf - Section 12 very carefully.

Also read http://www.cic.gc.ca/english/resources/manuals/enf/enf27-eng.pdf

 

[encantado]

I suggest that you study http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf - Section 12 very carefully.

Also read http://www.cic.gc.ca/english/resources/manuals/enf/enf27-eng.pdf

Show me in section 12 at least a line determining that u r eligible if you didn't meet 730 days residence obligation? Except if they are:

accompanying a Canadian spouse or common-law partner, or are a child accompanying a parent;
employed on a full-time basis by a Canadian business or the Public Service of Canada; or
the accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.

 

[zardoz]

That's NOT what Scylla said. She said that if you can enter Canada and stay unreported for 2 years, it puts your RO back into good standing. Then you can apply to renew your PR card. This is because the RO determination can only look back 5 years from the date of application.

Maybe you misunderstood?

A permanent resident may be
away from Canada for three
years in every five-year period,
for any reason, and be in
compliance with the residency
obligation. Accordingly, if the
applicant satisfies an officer that
they have been physically
present in Canada for at least
730 days in the five-year period
being examined, it is not
necessary to examine or assess
other factors regarding the
reason for the absence.
If the absence was due to
employment abroad, there is no
need to further examine if the
employment was with a
“Canadian business.” The
person would simply be found
to have satisfied their residency
obligation pursuant to
A28(2)(a)(i).

 

[Matt the Aussie]

Show me in section 12 at least a line determining that u r eligible if you didn't meet 730 days residence obligation? Except if they are:

accompanying a Canadian spouse or common-law partner, or are a child accompanying a parent;
employed on a full-time basis by a Canadian business or the Public Service of Canada; or
the accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.

What you're talking about is the pure theoretical interpretation of the law. In practice, it is possible to remain unreported for a number of reasons. It is CBSA's responsibility to interpret the law at the border and CIC's inland. Seeing as they do not have the ability, time or money to conduct random checks of PRs, nor does their own act give them the power to consider ALL PR time (only the most recent 5 years), the only practical way to be in breach of the RO is to be caught at the border by CBSA on re-entry.

And depending on the individual officer and their own interpretations, thoughts, feelings, what they ate for breakfast that day etc. etc. it is still possible that even being caught will not get you reported.