Urgent help needed PR card

[Sam4]

Hi everybody,

I wonder if somebody, from this forum, could give me right advice.

I am a British Citizen married to a Canadian citizen in 2005. After marriage, she came to live with me in UK and then I applied for my PR status and then entered Canada in May 2007 as PR. Initially, I studied for about 2 years (private study no college/university admission ) and passed my post graduate exams in Canada ( My wife was living with me). During this time we visited several times to UK. I also bought a house in Canada but sold it after 1 year. In 2009, we moved back to UK. Both of our kids were born in UK. I have been working in UK and also completed my UK postgraduate training ( not for a Canadian company).

Before my PR card was expiring, I spoke to CIC in Canada who advised me that I can’t apply for PR Renewal outside Canada but I will have no problem as I am meeting residency obligation (accompanying a Canadian citizen outside Canada). My PR card expired in end of May 2012 ( about 2 months ago) and now we would like to move back to Canada permanently. I have received confusing advices from CIC about meeting residency obligation. Although I have been living with a Canadian Citizen all along, one of the advisor said “ she was accompany you rather than you accompanying her” meaning I should have been her dependent instead of her.

It is extremely difficult to count the number of days that I stayed in Canada as I have lots of entry stamp but no exit stamp.
My British Passport is due for Renewal. My wife has British and Canadian Passport and our children have British Passport and Canadian Citizenship card. I have never worked in Canada and therefore did not file any taxes.
I have the following questions:

1) Have I met the residency obligation ( as my Canadian wife is living with me in UK, dependent on me) ?
2) Should I apply for Travel document or just go on British passport as I don’t need a visiting Visa.? It may take a while for Travel document to come if they accept my residency.
3) Should I go on new British Passport as a visitor and after living one more year in Canada then apply for PR card Renewal?
4) Should all of us go on British passport? What If we don’t show immigration officer our Canadian Citizenship card and PR card? Do they have any record for our entry and exit?
5) What is better, show the officer the expired PR at the port of entry or enter as a visitor and then apply for PR renewal?

I would really appreciate your help and advice.

 

[Leon]

1. Yes as they do not go into it any more who was accompanying whom.

2. You can go on your British passport for the flight but when you come to immigration, show your expired PR card, explain that you have been living with your wife overseas and therefore meet the requirements. They will let you enter.

3. If you believe that they would not accept your reasons of living with your wife, you should not apply for renewal after one year but after two.

4. They might. You do not want to try to fool immigration because it is not nice and they will not be happy with you if they find out. There is no reason to lie and hide here. You have not done anything wrong.

5. Show the expired PR card as you enter. Once you have entered, you can probably live in Canada just fine without having a PR card although it would make your life easier if you renew it.

You should apply for Canadian passports for your children as well. They will be let in but the citizenship card is not a travel document. If they are Canadians, they should have Canadian passports.

 

[Sam4]

Thank you Leon for your prompt reply.

Please clarify:

1) Could you please let me know if immigration would let me through knowing that I have a expired PR but if i show them all the bills and proofs to show that i was living with my wife and that she is also traveling with me. Do you think that they will report to CIC that card is expired and that i did not have a travel document. Will they throw me back to UK?

2) Do you have any idea if they keep track of in and out dates as i have travelled in and out of Canada ten times in the last five years.

3) Can we travel on one way ticket on British passport?

Many Thanks

 

[Leon]

Please clarify:

1) Could you please let me know if immigration would let me through knowing that I have a expired PR but if i show them all the bills and proofs to show that i was living with my wife and that she is also traveling with me. Do you think that they will report to CIC that card is expired and that i did not have a travel document. Will they throw me back to UK?

2) Do you have any idea if they keep track of in and out dates as i have travelled in and out of Canada ten times in the last five years.

3) Can we travel on one way ticket on British passport?

1. As long as they are satisfied that you are a PR and if you have an expired PR card and there is no record of you having lost your PR, they must believe that, then they can not deny you entry. If they believe that you are a PR but do not meet the residency requirements, they could report you but you can appeal this and will win because of your wife. However, they do not report people often. You could have your PR renewal application filled out already and show it to them so they can look at your dates.

2. Some people report that they have managed to fool immigration by lying about travel dates. Others have said that immigration knew about all their entry and departure dates even in the absence of passport stamps. You should keep and bring your old passport as well. You may need to show it if you have to pick up your PR card in person.

3. Yes, you because you are a PR and the kids because they are citizens. The citizenship certificate is not a travel document so you really should get them Canadian passports but they will still let them in.

 

[maximus_101]

sir leon,

i would like to ask about the provincial nominee application. on how the process works and who are qualified to apply for the program.
im a nurse here in the philippines and been working for 8 years. i have close friends and colleagues who are already working there in canada (fsw)
..i applied for the fsw program last year but the cap was already filled. so, my next option is trying the provincial nominee program.. am i qualified to apply? if so, how? thanx so much. hoping for your response..

 

[Sam4]

Thank you Leon


Just to say that Leon you were extremely helpful and prompt in replying to my queries. I really appreciate your efforts and time. God Bless you.

 

[Sam4]

Urgent help needed- PR card


Hi Leon,

Thanks for your great advise earlier.

I arrived into Canada in Jan 2013 along with my wife ( who is a Canadian citizen) on expired PR card ( expired in May 2012). Immigration officer asked me few questions and was satisfied.

Since Jan 2013, I have been working full time in GTA and have bought a house. I now have to travel back to attend a course for a week and my wife will not be accompanying me this time. I have booked return tickets from Air Canada.

My wife was living with me all along in UK (does this meet the residency obligation ?)
Because physically in Canada I have not spent 730 days hence I did not apply for PR renewal yet.

I will be flying in two weeks time, my question is:

1) Should I apply for PR renewal card before I fly ( do i need to submit the original expired PR card or photocopy?) I believe I will not get their response because the urgent processing time is 3-4 weeks. I am also worried that when I return to Toronto airport alone, will the officer put an objection because I will not be accompanied with my wife, secondly, will not have the expired PR card and no proof of renewal application

2) Should I fly back on expired PR card and upon return, provide the proof of my home bills and job in Canada?

3) I have also been told that it is best to apply after completing 730 days physically? Although I think that I have met the residency obligation by living with my Canadian spouse.

Please reply back as i found your previous advise very helpful and accurate.

Kind regards,

GS

 

[PMM]

Re: Urgent help needed- PR card

Hi

Hi Leon,

Thanks for your great advise earlier.

I arrived into Canada in Jan 2013 along with my wife ( who is a Canadian citizen) on expired PR card ( expired in May 2012). Immigration officer asked me few questions and was satisfied.

Since Jan 2013, I have been working full time in GTA and have bought a house. I now have to travel back to attend a course for a week and my wife will not be accompanying me this time. I have booked return tickets from Air Canada.

My wife was living with me all along in UK (does this meet the residency obligation ?)
Because physically in Canada I have not spent 730 days hence I did not apply for PR renewal yet.

I will be flying in two weeks time, my question is:

1) Should I apply for PR renewal card before I fly ( do i need to submit the original expired PR card or photocopy?) I believe I will not get their response because the urgent processing time is 3-4 weeks. I am also worried that when I return to Toronto airport alone, will the officer put an objection because I will not be accompanied with my wife, secondly, will not have the expired PR card and no proof of renewal application

2) Should I fly back on expired PR card and upon return, provide the proof of my home bills and job in Canada?

3) I have also been told that it is best to apply after completing 730 days physically? Although I think that I have met the residency obligation by living with my Canadian spouse.

Please reply back as i found your previous advise very helpful and accurate.

Kind regards,

GS

1. As you were accompanying a Canadian spouse overseas, your PR status was preserved, just as if you were residing in Canada. You didn't need to wait 730 days in Canada to apply.
2. You can try to apply for urgent processing of your PR card, but are unlikely to get in time.
3. As your PR card is expired, you would have to include it in your application for renewal
4. So valid passport and expired PR card to return. Expect some delays at CBSA