Want to renew the expired PR card, but status is not sure.

[peterazzi]

Hi,


I first landed into Canada in OCT, 2002, and my PR card expired on FEB, 2008. During those 5 years, I just spent few months in Canada and went back to finish off a university in my country; then, I came back to Canada again in OCT, 2007, which was just before the PR card expired. Obviously, I didn't meet the 730 days rules, but I could get into Canada somehow. Anyway, in the past 5 years (counting back from today until OCT, 2007), I've been in Canada over 2 years. The problem is I'm not sure my status right now, did I already lose the permanent resident status? and if not, is it possible to renew PR card? By breaking those rules, would that be a problem?


Thank you for all of your answers in advance.

 

[Alabaman]

Since you have been in Canada for a cumulative of 2 years in the last 5 years, you can renew your PR Card.

Check out these links:

http://www.canadavisa.com/canada-immigration-discussion-board/re-pr-renewal-t28260.0.html;msg161818#msg161818

http://www.canadavisa.com/canada-immigration-discussion-board/pr-card-renewal-interview-t23359.0.html;msg131611#msg131611

http://www.canadavisa.com/canada-immigration-discussion-board/pr-obligation-not-met-card-still-valid-t32335.0.html

 

[Leon]

You can renew it if you have been in Canada for 2 years or more in the last 5.

See http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf where it says on page 7:

Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant’s past, but must always assess the most recent five-year
period preceding the receipt of the application.

 

[peterazzi]

Thank you very much all of you guys!
I'm going to start processing the application.

 

[Alabaman]

Please come back to let us know how it progresses. Thanks.

 

[PaulQ]

You can renew it if you have been in Canada for 2 years or more in the last 5.

Leon: Sorry to bother you again. Could you clarify how this information relates to the case of my daughter, the student at the University of Illinois, which you helped me with earlier. If she stayed in the US, say, one year after graduation, and thus four years after landing, but then came to Canada at the beginning of year 5, would she be able to work in Canada and then, after two years in Canada, apply for renewal?

Perhaps that would work provided she was lucky (as this person was) and didn't have the PR revoked as a result of failing to meet the 2 in 5 requirement in her first five years after landing. Or could she count on having this opportunity?

Thanks VERY much in advance.

 

[Leon]

Perhaps that would work provided she was lucky (as this person was) and didn't have the PR revoked as a result of failing to meet the 2 in 5 requirement in her first five years after landing. Or could she count on having this opportunity?

It depends on being lucky. Another member of this forum told a story of a son who is a student in another country and was making regular visits and the immigration officers became aware of him and wanted to revoke his PR. If that happens, she will lose her PR. If she manages to get in every time, including the last one without meeting the residency requirements, she should be able to get health care, drivers license and everything else set up while her PR card is still valid and she should be able to stay in Canada for 2 years to meet the residency requirements again and apply for renewal but that also means that she should not risk traveling out of Canada during those 2 years, especially not after her PR card expires.

 

[PaulQ]

Another excellent explanation. Too dicey to let it lapse in the hope of not being detected, I'd say.

Can we get any sense of her chances of getting a new PR if hers expires or she goes more than 3 years outside of Canada? Or is that unpredictable?

She'll have a B.S. in Business from Univ of Illinois; excellent business experience already and presumably more in the next year or two; no health problems or criminal record; previously approved (as minor child); parents and two younger siblings living in Canada. I suppose she would want to come without a prior job offer--to look for the job. Or could she get a job from a Canadian firm and easily get a temporary visa. (I was hired and sponsored by UBC; I don't know how it works with business firms.)

Finally (I hope): If she applied for a new PR, how long would she have to wait before entering. Would she start with a temporary visa (with or without a job offer) that she could get quickly?

Thank you SO much in advance.

Paul

 

[Leon]

She doesn't really have any H&C reasons if she loses her PR. She chose to study outside Canada and if she does not return to Canada after her graduation, that is also her choice. If she were to stay in the US to take care of a dying relative or something like that, that would be a H&C reason but staying in the US because of a boyfriend or a job is not. Therefore it is unlikely that she could win an appeal if she lost it.

If she were to apply again, it depends completely on what the immigration classes will be like then. She could possibly apply under the skilled worker program, with a job offer or if her occupation is one of those listed at that point in time. She may be able to get a work permit and apply for her PR later. She may be able to apply under a PNP with a job offer. If you are living in a province that has family stream, you may be able to sponsor her again.