Got PR, never set foot in the country till now. Expired, can I renew ?

[Vacohara]

After receiving my PR card that was valid for one year, I also got the good news that my GC application was forwarded through and hence never made it to Canada and took off to the US.

Now my card has expired so would that mean my status has been expired as well. I'm now thinking of renewing my card so that I can at least have the option of reentering the country if I get the desired job.

Can I do that or is my status revoked an I will have to reapply again?

 

[evdm]

When did you become a PR, when did you land? was this more than 5 years ago?

If you became a PR less than 3 years ago and you still can enter and stay in Canada for 730 days you can satisfy the residency obligations.

If more than 3 years have passed since you became a PR then it's likely that you will be reported for failing to meet the residency requirements.

You are a PR until one of these things happens (section 46 IRPA):

46 (1) A person loses permanent resident status

(a) when they become a Canadian citizen;

(b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;

(c) when a removal order made against them comes into force;

(c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d);

(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection; or

(e) on approval by an officer of their application to renounce their permanent resident status.

 

[Vacohara]

Not quite, I applied for PR when I Quit my job and started working for another company. The day I was informed I could move to US is when I got my PR approval.

Okay, so I would have to renew my PR card or apply a new one, Please provide a definite response.

I work for Cognizant that has a Canadian Branch, so would that count as residency stay.

Again thanks for the response, appreciate your help.

 

[evdm]

Okay, that changes things a little bit.

Have you landed yet, i.e. have you had an interview at the border or a CIC office inland to "activate" your status once it was approved?

if not, then you are not yet a PR and you would have 5 years from the day you become a PR to satisfy the residency obligations.

 

[Vacohara]

I got a PR for just one year.

 

[evdm]

When did you land? Usually when you land for the first time you're issued a card that's valid for 5 years. the only reasons you'd get a card for 1 year is if there's reason to believe that you won't or haven't satisfied the residency obligations.

 

[Vacohara]

Listen, I'm sorry if I keep asking silly questions if please provide with a definite answer.

Q.1) I had PR for just one year, so renew through online or create a separate new one?

Q.2) Never set foot in the country.

Q.3) Cognizant has a Canadian Branch, does the help this case or not, It would count as residency or not,

Please help.

 

[Bs65]

Unless you have spent 730 days in the last 5 years in Canada you will not be able to renew your PR card and if you try to do so it is possible your PR status will get revoked, You would need to enter Canada without being reported and stay without leaving for 2 years and then apply for a new PR card.

Note you can only apply to renew your PR card from within Canada,

Working for a Canadian company outside Canada only counts towards residency obligation if you were based in Canada working for a Canadian company and they assigned you temporarily to work abroad. It does not work if you start work for a Canadian company outside Canada.

Bottom line is unless you come back to Canada and establish residency for two years you could not renew your PR card. PR status never expires though only PR cards so if in future you manage to meet the 2 years RO requirement you can start again assuming you do not get reported trying to come back in.

 

[Vacohara]

I did not land in the country.

I directly was assigned a US post.

 

[Vacohara]

Excellent so I bring the PR travel that was issued and just come over to the place right. The border travel begins and ONLY THEN MY TIME PERIOD BEGINS, did I get that correct.

 

[evdm]

I did not land in the country.

I directly was assigned a US post.

Then you are not yet a PR.
You cannot be a PR without landing (i.e. setting foot in Canada).

It would appear to me that you have a Confirmation of Permanent Residence document that allows you to enter Canada for 1 year to activate your PR. From that moment on (when you enter Canada with the document) you will have to meet the residency obligations to maintain your PR.

Only once you land does the clock start ticking to meet 730 days.

Sorry for the wrong information in my post above.

 

[Vacohara]

Thank heavens, thank you so much and would it matter if the document was issued in 2015. For would that be a problem to me.

 

[evdm]

The document has a date which you must enter by; usually this is set at a year since you had your medical exam. Look closely at the document to see if it has that date. If it does, and you haven't entered Canada before then, you would have to re-apply for PR from scratch.

 

[Vacohara]

Yes it has a date, so I would have to reapply again or is there someway I can renew the document.

 

[evdm]

Generally you cannot extend the validity on the COPR, see:
http://www.canadavisa.com/canada-im...f-confirmation-of-permanent-residence.114402/
http://www.canadavisa.com/canada-im...threads/how-do-we-extend-landing-time.401348/
http://www.canadavisa.com/canada-im...threads/extend-copr-validity-possible.484940/
http://www.canadavisa.com/canada-im...-to-get-extended-medical-for-new-copr.257896/

You would have to start from the beginning again.