4 out 5 years out of Canada. Can I get my PR renewed?

[janz1111]

Hello Friends,
I got my PR in 2010. I visited Canada and stayed there for about 3 months in total. I am working in Middle East and due to some family issues, I could not move to Canada but I want to hold on to my PR status.
If any one has experiences, Can I still apply for the renewal of my PR card?
I swear I don't want to lose it
Please help

 

[newtone]

As long as PR is valid you can enter Canada. If it expires while you are in ME then you need to submit ARC Authorization to Return to Canada at the local embassy. This way you can come to Canada stay here for about 3 to 4 years continously. This way you will satisfy physical presence and will be eligible for citizenship. Apply for citizenship and then go back to ME, cause current wait time for citizenship is over 2 years.

 

[janz1111]

So does it mean I do not have to apply for immigration from scratch? even if PR expires??

 

[newtone]

Yes

 

[PMM]

Hi

As long as PR is valid you can enter Canada. If it expires while you are in ME then you need to submit ARC Authorization to Return to Canada at the local embassy. This way you can come to Canada stay here for about 3 to 4 years continously. This way you will satisfy physical presence and will be eligible for citizenship. Apply for citizenship and then go back to ME, cause current wait time for citizenship is over 2 years.

1. You are mixing apples and oranges and pomegranates
2. The OP "landed" in 2010 and only spent 3 months in Canada, he is in violation of his PR residency of residing 2 years in every 5 in Canada. It doesn't matter that his PR card is still valid. He can be reported on entry.
3. An ARC (Authority to Return to Canada) is only required if a person has been deported from Canada or received an exclusion order and the exclusion time has not passed. The OP hasn't been deported or excluded.

 

[newtone]

Hi


1. You are mixing apples and oranges and pomegranates
2. The OP "landed" in 2010 and only spent 3 months in Canada, he is in violation of his PR residency of residing 2 years in every 5 in Canada. It doesn't matter that his PR card is still valid. He can be reported on entry.
3. An ARC (Authority to Return to Canada) is only required if a person has been deported from Canada or received an exclusion order and the exclusion time has not passed. The OP hasn't been deported or excluded.

1. Haha... lets make fruit salad
2. Yes he can potentially get reported but for the most part IO are very lenient, so he could confidently take a chance cause the probability are in his favour. Even if he gets reported, what are they going to do? send him on the next flight home? Ofcourse not
3. I personally know 2 people whose cards have expired or almost expired but they were able to enter canada by getting some kind of letter from embassy. Maybe ARC or AOR, I dont know the details but it is possible

 

[keesio]

2. Yes he can potentially get reported but for the most part IO are very lenient, so he could confidently take a chance cause the probability are in his favour.

Note that CBSA and CIC are suspicious of people of PRs returning from long trips from the mid-east which a history of foreign workers (i.e. Dubai). They get more scrutiny because of past abuse. The OP may want to brace for that.

 

[david1697]

Hello Friends,
I got my PR in 2010. I visited Canada and stayed there for about 3 months in total. I am working in Middle East and due to some family issues, I could not move to Canada but I want to hold on to my PR status.
If any one has experiences, Can I still apply for the renewal of my PR card?
I swear I don't want to lose it
Please help

You can not renew your PR Card if you have failed RO.

Canada demands that PR lives in Canada 2 out of 5 years. Even if you can't get a job, become a jobless candidate competing with other jobless Canadians and draw a welfare from taxpayer funded security net (versus being gainfully employed abroad), you are still wanted in Canada as a PR.
And if you aren't then your PR status is subject to be stripped away.

What is rationale behind this is not clear to me. It is stated that intention is to have immigrants benefit Canada and to integrate PR's successfully into Canadian society. But how can one integrate successfully if there are no jobs that will hire PR in Canada?
Let's be honest: great number of PR's are not wanted or sought after by employers in Canada (not counting survival jobs all over Canada or certain blue collar jobs in Alberta and elsewhere).
So, what are immigrants supposed to do?
Come to Canada and collect a welfare?

The only rationale I can think of (besides "successful integration" line) is that this is merely a part of new economic policy (essentially resulting in an elimination of a middle class): oversupply of qualified employees is needed in order to draw wages down and make local Canadian companies competitive against other companies, located overseas, who benefit from cheap labor.
If a call center in Canada could pay $10 per day to a worker in Canada, it wouldn't have to move operations to India I guess.
And if you have 200 jobless PhD's desperate for any job, then $10 a day call center job in Toronto to them must be better than no job at all.
Who cares if 1 PhD will be miserable driving a taxi cab or answering phone calls and 199 remaining PhD's will live off welfare, the main purpose is to have oversupply of cheap labor and scarcity of jobs.
Could this be a real reason why RO is all of a sudden prioritized so much and made such a big issue?
Anyway, that's just me ranting.

As to OP, I answered the question above.

 

[janz1111]

Okay so does it mean that I can't even go for visit now? My PR is still valid for a year

 

[david1697]

Okay so does it mean that I can't even go for visit now? My PR is still valid for a year

You can do whatever you want to do. The fact is you are in breach of RO and Inadmissible under Canadian laws.

Do you have any compelling reason to persuade CBSA that you deserve Humanitarian and Compassionate treatment of your breach?

If not then it's purely based on your luck. Some people are reporting to be able to enter Canada without any hurdles (even after breach of RO), others are scrutinized thoroughly and reported.

 

[Rob_TO]

Hello Friends,
I got my PR in 2010. I visited Canada and stayed there for about 3 months in total. I am working in Middle East and due to some family issues, I could not move to Canada but I want to hold on to my PR status.
If any one has experiences, Can I still apply for the renewal of my PR card?
I swear I don't want to lose it
Please help

If your PR card is still valid, you can certainly board a flight to Canada. As mentioned, when you talk to a CBSA agent at the POE they may or they may not inquire about your residency obligation. You may get reported for not meeting RO, you may not, it totally depends on the individual officer you encounter. If you have any H&C reasons that you think are relevant to your case, you can certainly present them to the CBSA officer and see if it will help your case, but unless there was some serious medical issue or something for 3 straight years that caused you to stay outside Canada for so long, I would not expect any H&C reasons to work. Just because someone else has gotten in without being reported, does not mean you will also. So prepare for the worst.

If you are let in without getting reported, you would then need to stay in Canada 2 straight years without leaving (if you leave you risk being reported again upon re-entry), and only after 2 years can you renew PR card.

If you are reported, you will enter Canada but have a hearing with CIC shortly later. Here you can also present H&C reasons to keep your PR, but if you don't have a good case they will revoke your PR status. Of course you could then appeal this decision if you wanted.

If you have your PR status revoked, you can try to apply again for PR from scratch, if you qualify for any of the immigration streams. Of course if you can't maintain legal status in Canada without your PR, you will need to leave.

 

[Leon]

One question, is your family living in Canada while you work in Dubai? If your wife is staying in Canada with her PR and is not in breach of her RO, she can at any time sponsor you back if you lose your PR.

In any case, as a PR, you have the right to enter Canada while your PR card is still valid.

However, it is possible as you do not meet the RO that you could get reported on entry. If you get reported, you have two options:

One is to accept your loss of PR and it would be like you never had one. You would have to apply for a visit visa if you want to visit unless you have a visa exempt passport and if you want to apply for PR again from scratch, you can.

The other option would be to appeal the report and fight for your PR. This will only work if you have Humane and compassionate reasons for why you could not meet the RO. Such as taking care of a sick relative, major medical problems of your own etc. Staying to work in Dubai because you were making really good money there would not be considered. During the appeal period, you would be able to renew your PR card for 1 year at a time but it would be better for your appeal that you stay in Canada during the appeal period to prove your willingness to settle in Canada at this point. The appeal processing can take 1-2 years. If you lose the appeal, you would lose your PR and be asked to leave. If you win the appeal, you can renew your PR card for 5 years again and your time already spent in Canada would count towards the RO. However, having won an appeal does not excuse your not meeting the RO in the future so you would have to make sure you continue to meet it.

If you enter Canada and do not get reported, you can keep your PR by staying in Canada for 2 years straight at which point you meet the RO again and can apply to renew your PR card. You should not try to renew your PR card before you have your 2 years and you should not leave during this time as you risk getting reported when you re-enter.

If your PR card expires while you are outside Canada and you have humane and compassionate grounds for why you could not meet the RO (or you actually meet the RO which is not the case for you), you would apply for a PR travel document (not ARC) in order to return. If granted, you could return to Canada and renew your PR card. If denied, you would lose your PR.

 

[janz1111]

Thanks a million Leon and Rob,
Just a small clarification. As you mentioned that I should stay in Canada for straight 2 years if I am not reported, but my PR validity would be only one year. Would I still be able to live there with expired PR for a year?
Thanks champions

 

[keesio]

Thanks a million Leon and Rob,
Just a small clarification. As you mentioned that I should stay in Canada for straight 2 years if I am not reported, but my PR validity would be only one year. Would I still be able to live there with expired PR for a year?
Thanks champions

If you are able to enter Canada without being reported, then yes you can live with an expired PR card. Remember that it is your PR card, not your PR status itself, that is expired. The key thing is that a valid PR card is a strong identity document for PR holders and it is useful to have when applying for government services like provincial health insurance, drivers license, etc. Without it, you have show other proofs which may be more of a pain. Employers may ask to see it too. Since you will still have one year in in Canada where your PR card has not expired, you should do all those things I mentioned in that first year you are back.

 

[karamatnajeeb]

One question, is your family living in Canada while you work in Dubai? If your wife is staying in Canada with her PR and is not in breach of her RO, she can at any time sponsor you back if you lose your PR

It's very encouraging to read your comment that wife staying in Canada with valid PR Card can sponsor her husband who could not meet RO and lost PR Status.

Does the process of sponsoring husband take long and what will be the status of husband after entering Canada. Would he be allowed to renew his PR ?