Expired PR, Residency obligations not met

[Venks88]

Hello Folks,

I got married to a Canadian and obtained a PR. I entered Canada and got it validated and received my PR card (total stay in Canada should amount to 60 days)

Prior to my wedding I was in the USA and continued to stay there till I finished my PhD + Post Doc. Now that it’s all done I”we wanted to return back to Canada.

I have been living with my husband in the USA for the last 6 years. In that time my PR card has expired (PR card expired on Oct 2024)

I have not met the residency obligations. What would be the next steps to return to Canada ? My message transactions/responses with IRCC always seems very automated and very incomplete.

I am not sure on what to do next. Any advice or information would be fantastic.

Thank you.

 

[Naturgrl]

Hello Folks,

I got married to a Canadian and obtained a PR. I entered Canada and got it validated and received my PR card (total stay in Canada should amount to 60 days)

Prior to my wedding I was in the USA and continued to stay there till I finished my PhD + Post Doc. Now that it’s all done I”we wanted to return back to Canada.

I have been living with my husband in the USA for the last 6 years. In that time my PR card has expired (PR card expired on Oct 2024)

I have not met the residency obligations. What would be the next steps to return to Canada ? My message transactions/responses with IRCC always seems very automated and very incomplete.

I am not sure on what to do next. Any advice or information would be fantastic.

Thank you.

Where has your Canadian spouse been the whole time. If in Canada then enter through a land border, and stay in Canada until PR is met to renew.

 

[Venks88]

My spouse has stayed with me in the USA for the entire duration (6 years).

 

[armoured]

My spouse has stayed with me in the USA for the entire duration (6 years).

Then your time together in USA should count towards the residency obligation.* You can return together, explain at border now returning, and apply for PR card upon arrival. You will see a section where you include time together abroad.

One caveat, it may take some time to get the PR card, and you may have some difficulty getting healthcare insurance until you get it. (Hope you already have a SIN card)

*There's a rather in-the-weeds discussion which might hypothetically be relevant, about whether you 'accompanied' one another abroad and the definition of exactly what that means. I'm inclined to say if you've lived together for last five+ years and are returning together this will not prove an issue.

 

[Venks88]

Then your time together in USA should count towards the residency obligation.* You can return together, explain at border now returning, and apply for PR card upon arrival. You will see a section where you include time together abroad.

One caveat, it may take some time to get the PR card, and you may have some difficulty getting healthcare insurance until you get it. (Hope you already have a SIN card)

*There's a rather in-the-weeds discussion which might hypothetically be relevant, about whether you 'accompanied' one another abroad and the definition of exactly what that means. I'm inclined to say if you've lived together for last five+ years and are returning together this will not prove an issue.

Thank you so much for your reply. We live together, we have leases on our name (As co-lease holders), and a bunch of utility bills showcasing the names and same address. I did not get a SIN card (unfortunately).
Are there specific documents other the usual ones on the IRCC to have on hand while returning via a land border ?
Also If flying in, I understand I need to apply for a PRTD, is one choice better than the other ?

 

[Venks88]

Where has your Canadian spouse been the whole time. If in Canada then enter through a land border, and stay in Canada until PR is met to renew.

My spouse has stayed with me in the USA for the entire duration (6 years).

 

[armoured]

Thank you so much for your reply. We live together, we have leases on our name (As co-lease holders), and a bunch of utility bills showcasing the names and same address. I did not get a SIN card (unfortunately).
Are there specific documents other the usual ones on the IRCC to have on hand while returning via a land border ?
Also If flying in, I understand I need to apply for a PRTD, is one choice better than the other ?

Really any of the docs you have will support your case - at border, they may glance at them, but probably won't examine in detail.

Yes, PRTD application will be required if flying. The advantage of the PRTD application is that it will amount to a sort of pre-approval of the basis for your residency obligation compliance; disadvantage is it will take longer (in advance of your move/return). It won't hurt to apply for the PRTD now and then cross by land border if you don't get it in time (might even help a bit in terms of getting examination of your file in front of an officer earlier, which in turn might lead to faster processing eg of PR card later).

In both cases, you might have troubles getting health care insurance under provincial admin and getting a SIN. They ask/require current PR cards or recent COPR for the latter, although I'm of the strong belief that this is not legally/administratively reasonable - but overriding/challenging their [stupid] procedures may not be easy. That said, many seem to eventually get the SIN number issued, just requires persistence/stubbornness.

 

[canuck78]

Then your time together in USA should count towards the residency obligation.* You can return together, explain at border now returning, and apply for PR card upon arrival. You will see a section where you include time together abroad.

One caveat, it may take some time to get the PR card, and you may have some difficulty getting healthcare insurance until you get it. (Hope you already have a SIN card)

*There's a rather in-the-weeds discussion which might hypothetically be relevant, about whether you 'accompanied' one another abroad and the definition of exactly what that means. I'm inclined to say if you've lived together for last five+ years and are returning together this will not prove an issue.

Think the argument is whether they ever settled in Canada in the first place. Think the 60 days may be over the 6 years. This may also have been before you had to show you proof that you were panning on resettling in Canada when you applied. Given they have lived together for 6 years probably not worth IRCC’s time to debate these technical issues but may take longer to get new PR card. The lack of SIN and likely delay qualifying for healthcare (and maybe driver’s license) probably the bigger headaches.

 

[armoured]

Think the argument is whether they ever settled in Canada in the first place. Think the 60 days may be over the 6 years. This may also have been before you had to show you proof that you were panning on resettling in Canada when you applied. Given they have lived together for 6 years probably not worth IRCC’s time to debate these technical issues but may take longer to get new PR card. The lack of SIN and likely delay qualifying for healthcare (and maybe driver’s license) probably the bigger headaches.

Reasonable points. Agree with your bolded point - very hard to know if this will substantively delay PR card (because already rather varied experiences).