PR card about to expire, not fulfilled RO, want to return to Canada

[kchemburkar]

Hello friends,

I have a question in regards to keeping my PR status valid.

The situation is, I landed in Canada in July 2013 and recvd my PR card there after. I lived in Canada for about 9 months and returned to India in April 2014. My PR card expires on Sept 2018.

I am planning to return to Canada in March 2018, considering that I have not completed the mandatory 730 days RO, will I be allowed to enter into Canada. Do I need to carry any other document to enter Canada. I was reading other threads and for a similar query someone had suggested to enter Canada through the US border (I have a B1/B2 Visa for US). What kind of challenges can I face at the port of entry.

If they allow me inside Canada, I understand that I will have to apply for renewal/extension of PR. Do I need to take care of anything when applying for a renewal/extension.

Thank you for all the help.

 

[Bs65]

As a PR you will always be entitled to enter the country until such time your PR status has been revoked or you renounce it yourself.

The suggestions about entering through the US border are generally aimed at people whose PR card has expired given without a valid PR card or a PRTD they cannot even board a plane back to Canada so they have to fly to the US and cross visa a land border.

Given you sill have a valid PR card then this is not really necessary in your case unless you think you might have less chance of being reported for failing the RO taking that route, no way to predict either way so that is a personal decision

There is no way here to predict whether you will be reported at the border for failing the RO, but given you have a valid PR card as said at least you can board a plane.

You may be lucky and not get reported you may not as the officer may just see you still have valid PR card and wave you through. As always answer all questions honestly, but do not volunteer anything extra, so basically do not shout out that you have been away so long unless asked that specific question.

If you are reported you can in any case appeal but as said you will still be allowed into the country and appeals can take some time. If you are not reported then you need to stay put without leaving Canada again for at least a couple of years and in that time keep a low profile as far as IRCC is concerned which basically means do not leave the country or apply to renew your PR card where you would need to show having met the RO.

After the initial 5 years in the country the RO is a rolling period so 2 years in the 5 years preceding any new entry into Canada so your initial 9 months at some point will not even count after about April/ May 2019

 

[kchemburkar]

Thank you for the quick response. So I issue is solved that I can travel by air and no need to take the US route. If I understand it right it totally depends on my luck whether the officer reports me for failure of RO. Irrespective he cannot stop me entering and the worst case scenario he will report which I can appeal. Again do you have any idea, that if I have to appeal, in how many cases they dont revoke the PR.

On the last part, of keeping low profile, if everything goes smoothly and I am not reported and I can start living in Canada. But my PR expires on Sept'18, dont I need to renew it to continue staying in Canada post Sept'18.

Thanks again.

 

[Bs65]

Cannot answer on the appeal so maybe other readers will comment but doubtful much info is in the public domain of appeal failures. No idea although would likely have to be fairly convincing reasons such as looking after ill relatives for example, but disinclination , financial or job reasons probably wouldn't work.

A PR card is really only required to support travel and possibly occasionally some government agencies or education institutions might want to see it.

Once you are a PR you are a PR forever unless your PR status is revoked or you renounce your PR status. You do not need to renew your PR card to keep your PR status and in fact some people do not renew for years or even ever but are still PRs, Those people just get caught out when they want to travel outside of Canada and find they have problems without a valid PR card.

Assume you have a valid SIN for work purposes when you originally landed.

 

[kchemburkar]

Yes I have a valid SIN. But what if I have to leave Canada for work personal or professional and then return post Sep'18. In that case when I am returning I will not even have a valid PR. Wont it be a hassle in that case.

 

[Buletruck]

There is pretty limited information on the success rate for cases involving RO, but from what I have seen, it is less than 10%. If you have to leave Canada, you are assessed at every entry into Canada. Even if you were reported, won your appeal, took a trip to the US to celebrate your victory and came back to Canada with less than 730 days, you could potentially face being reported again. Best not to leave until you are compliant.

 

[Rob_TO]

. Again do you have any idea, that if I have to appeal, in how many cases they dont revoke the PR.

Seeing as you never really lived in Canada and didn't list a single H&C (Humanitarian and Compassionate) reason for not meeting RO, odds are any appeal would fail and your PR status would be terminated.

Yes I have a valid SIN. But what if I have to leave Canada for work personal or professional and then return post Sep'18. In that case when I am returning I will not even have a valid PR. Wont it be a hassle in that case.

If lucky and not reported, you need to commit to staying inside Canada 2 straight years, without leaving for any reason.
You can't apply to renew your PR card during these 2 years either, else that would also just result in termination of your PR status.

And time during these 2 years if you left and PR card was expired, you would be unable to return except by involving CBSA/IRCC and would most likely result in process started to revoke PR status.

If you can't commit to living in Canada 2 straight years, then you should seriously reconsider your plan to live in Canada as a PR. If you didn't want this hassle, you should have complied with the RO and moved to CAnada earlier.

 

[kchemburkar]

There is pretty limited information on the success rate for cases involving RO, but from what I have seen, it is less than 10%. If you have to leave Canada, you are assessed at every entry into Canada. Even if you were reported, won your appeal, took a trip to the US to celebrate your victory and came back to Canada with less than 730 days, you could potentially face being reported again. Best not to leave until you are compliant.

Thanks for the response. It basically means I will be locked in the country for 730 days. But technically I have already stayed for 270 odd days during 2013 - 2014. Will that be not considered.

 

[kchemburkar]

Seeing as you never really lived in Canada and didn't list a single H&C (Humanitarian and Compassionate) reason for not meeting RO, odds are any appeal would fail and your PR status would be terminated.




If lucky and not reported, you need to commit to staying inside Canada 2 straight years, without leaving for any reason.
You can't apply to renew your PR card during these 2 years either, else that would also just result in termination of your PR status.

And time during these 2 years if you left and PR card was expired, you would be unable to return except by involving CBSA/IRCC and would most likely result in process started to revoke PR status.

If you can't commit to living in Canada 2 straight years, then you should seriously reconsider your plan to live in Canada as a PR. If you didn't want this hassle, you should have complied with the RO and moved to CAnada earlier.

Thanks for the response. When I landed in 2013 I was committed to living in Canada forever, but due to certain circumstances I had to return to India. This time if I decide to live for 2 straight years, will I not need the PR card for any documentation during the stay with any institution like the bank or University or for a job. Also since I have stayed in Canada for for about 270 days in 2013 - 2014, will that be not considered?

 

[Buletruck]

The PR card is really just a travel document, but depending on the province or institution you apply at, you may need to produce a current PR card as evidence of your status. All you really need is a SIN number for a job. As far as the 270 days you have already, as you get into July this year, the days from 2013 will start to fall off. As you accumulate a new day, a day from 2013 comes off. You will need to be sure you have the required 730 (plus a good buffer for disputed dates....say 3 months) before you submitted your renewal.

 

[kchemburkar]

The PR card is really just a travel document, but depending on the province or institution you apply at, you may need to produce a current PR card as evidence of your status. All you really need is a SIN number for a job. As far as the 270 days you have already, as you get into July this year, the days from 2013 will start to fall off. As you accumulate a new day, a day from 2013 comes off. You will need to be sure you have the required 730 (plus a good buffer for disputed dates....say 3 months) before you submitted your renewal.

Thank you for your response. So technically I will have to complete 730 days in total plus a buffer of few months. My only worry now is, when I enter Canada in March 2018, I have to be lucky enough to go through without being reported. Because if I am reported I will anyways be deported in a year or two when my appeal comes for hearing. Unless there is a way out here, if anyone can suggest.
Thanks again.

 

[Buletruck]

If you are reported, there isn’t anyway around it. It’s really luck of the draw. If you don’t have a solid H&C reason, you don’t have to appeal and wait for the result. You could just let the revocation happen or renounce yourself. And there isn’t any impediment to applying as a PR again if you do renounce or it’s revoked.

 

[tanvirabid78]

Hello, Nowadays at Toronto Pearson airport, there are automated border control machines. One simply needs to scan his PR card on the machine and a print-out comes out. That print-out needs to be given to the immigration officer. There is no stamping on the passport. Also the chances of interaction or questioning with the officer are also little. The process is machine-based. However, when one scans his PR card, the machine asks, "what is your country of residence? Now what would a PR holder living outside Canada answer. This question could be relevant if the validity time period of the PR card is less.

 

[MWQ]

Hi Guys,

I landed in Canada in early April 2017 and I had to return back (I really didn't have a choice) in late May 2017 before receiving my pr card. I left the address of a friend (for safe keeping until my return) but he informed me that he didn't receive the card for which I did inform the CIC through the website (as telephone services not available overseas) but they didn't respond.
I applied for a PRTD in November 2017 and it been issued and right now I am planning to go in early April and settle permanently. my Questions are:
1- When can I apply for a new card what the procedure and should I call the police to report a lost card.
2- Worst case scenario how can a lost PR card harm me (please be informed that I already have a SIN document which I didn't disclose to anyone and it's in my position.
3- how to check if there is a problem arises of this matter and what can I do to clean the mess.

 

[manish_canada]

Thanks for the response. It basically means I will be locked in the country for 730 days. But technically I have already stayed for 270 odd days during 2013 - 2014. Will that be not considered.

IRCC has not provided any calculator in which you need to enter dates you were absent from Canada and that clearly states that whether you are eligible to apply or not in case of PR renewal. Comparatively they have provided such calculator that clearly states that you are eligible to apply or not based on the 5 years counted backwards from the date you sign your application in case of citizenship.

So I guess IRCC is a bit lenient in case of PR renewal.