Can I enter Canada with a PR card to be expired soon

[ben027]

I was an university student when I got my PR card and landed in April 2010. I had to leave Canada to complete my study. This summer, I graduated and want to go to Canada as permanent residency basis. But I can stay 730 days before my PR card will be expired. Can I fly to Canada now?
Thank you very much for your assistance in advance.

 

[zardoz]

You can fly now but if you cannot possibly meet the residency obligations within the 5 years from the day you "landed", you may be reported. All you can do is try...

 

[ben027]

Thank you very much for your reply. I made a typo mistake just now.

I can NOT stay 730 days before my PR card will be expired in April 2015. Can I enter Canada with the PR card to be expired in April 2015?

Will I be refused to enter? How should I do now? I have bought an air-ticket? Thanks a lot.

 

[Leon]

If you want to save your PR status, you should try it. If they allow you to enter Canada without reporting you for not meeting the residency obligation, you can bring your PR status back in good standing by staying for 2 years straight and only applying to renew your PR card after that. This means your PR card will expire and you will not apply to renew it until you have your 2 years in Canada.

 

[ben027]

It's kind of you to provide me the useful reply.
I was a student outside Canada when I landed and I thought I should complete my study first. I didn't realize there would be such a trouble.

If I am reported, what will happen? Will I be refused to enter Canada?
What should I do in case that I would be reported? Thanks a lot.

 

[Leon]

It's kind of you to provide me the useful reply.
I was a student outside Canada when I landed and I thought I should complete my study first. I didn't realize there would be such a trouble.

If I am reported, what will happen? Will I be refused to enter Canada?
What should I do in case that I would be reported? Thanks a lot.

If you are reported, it means the immigration will start procedures to revoke your PR because you did not meet your residency obligation. They will let you enter and tell you how you can appeal for your PR. You would have to make your appeal within 30 days. Having studied abroad is not really considered a good reason not to meet your residency obligation as they will say you could have studied in Canada so you may lose your appeal.

However, it's not certain that you will be reported. When you enter Canada, they will ask you how long you were outside Canada. When you say you were gone for more than 3 years, they will know that you don't meet the residency obligation so they will pull you out and ask you why you did not meet them. I have seen a post from someone in exactly your situation who told the truth and said he had been outside Canada completing his studies and that he was ready to settle now and the immigration officer told him that he would not like to punish somebody for getting an education and let him in without reporting him. However, there is no guarantee that your immigration officer will say that too.

 

[ben027]

Thank you very much for your message, which is great helpful.

 

[dombledore]

If you are reported, it means the immigration will start procedures to revoke your PR because you did not meet your residency obligation. They will let you enter and tell you how you can appeal for your PR. You would have to make your appeal within 30 days. Having studied abroad is not really considered a good reason not to meet your residency obligation as they will say you could have studied in Canada so you may lose your appeal.

However, it's not certain that you will be reported. When you enter Canada, they will ask you how long you were outside Canada. When you say you were gone for more than 3 years, they will know that you don't meet the residency obligation so they will pull you out and ask you why you did not meet them. I have seen a post from someone in exactly your situation who told the truth and said he had been outside Canada completing his studies and that he was ready to settle now and the immigration officer told him that he would not like to punish somebody for getting an education and let him in without reporting him. However, there is no guarantee that your immigration officer will say that too.

Hi Leon,

The similar condition happened to my sister : we landed in 2008 July. After landed she continued her study in US until her completed the degree in 2012. Then she got admitted to graduate program at University of Victoria and planned to stay here in Canada permanently. When she moved back to Canada from US last year June 2012, the immigration officer checked all the stamps in her passport and found she didn't meet 730 days, and told my sister that they will still let her move in but later on she will face the problem when renewing her PR card.
Then after that, she still traveled to US twice by air also by ferry before her PR card expired (on Jul/15/2013). However, every time she traveled, she got checked in the immigration office. They questioned her the same regarding the lack of residency obligation also told her that her PR card has been flagged! does that mean she has been reported the first time she moved back.

So my questions are:

1) with her flagged PR card, can she renew her PR card even after she stays here for 730 days? will that cause her to lose her PR card?

2) Or it's better for her to wait until she completes staying for 3 years out of 4 to apply the citizenship ? and keep staying in Canada until she gets her citizenship.

Which way is safer for her to keep her PR status? since I know PR card doesn't need to be renewed if you're not traveling out the Canada.

Thanks for any advice!!

 

[Leon]

She took unnecessary risks when travelling again after the immigration officer already figured out that she did not meet the requirements.

However, if she never got any paperwork about having been reported, she was not and so as long as she stays in Canada not until she has her 730 days and only then applies to renew her PR card, immigration can not give her any problems.

 

[dombledore]

She took unnecessary risks when travelling again after the immigration officer already figured out that she did not meet the requirements.

However, if she never got any paperwork about having been reported, she was not and so as long as she stays in Canada not until she has her 730 days and only then applies to renew her PR card, immigration can not give her any problems.

Neon,

Thank you very much!! it was very risky for her to travel back to US before.
Lucky her!! She never got any paperwork regarding this issue. That's awesome.. she will keep staying in Canada until meet the 730 days days, then go ahead to renew her PR card.