Can I study in Canada if I haven’t met residency obligations

[sadthrowway]

I’m a Canadian permanent resident living outside of Canada because my parents refused to go back there after getting our PR cards in 2014. It expires in 2019 I believe.

I worked really hard in highschool, saved up for application fees, and finally applied and got into Waterloo (my top choice). I’m 18 now.

After all that, my parents just broke it to me that I can’t study in Canada because I don’t meet the residency obligations.

I don’t know what to do. My parents weren’t gonna be paying for uni or Rez. I was okay with that as long as I actually got to go to Canada. I was prepared to live by myself.

Now my parents (when it’s too late!) want to come to Canada because I’m going. I think I have valid H&C reasons to be outside of Canada (removed as a minor against my will). My parents don’t. So now they’re saying they’re going to try to come with me and if we’re allowed in then it’s all good, if not, then it’s the US for us. (They’d planned to immigrate to the US all along) But Waterloo is my top choice.

my questions are:
1) Can I legally live in and study in Canada with an expired PR card? What documents do I need?

2) Do I have to live 2 years in Canada before getting my pr card renewed? What if it’s been expired for a year when I finally do get to renew it?

3) can I receive financial aid with my status? My pr card expire in 2019 and if I get to renew it in 2020 after staying for 2 years will I still be able to receive aid during this period?

4) are my parents essentially sabatoging my residency status by coming to Canada with me since they don’t have valid H&C reasons? They don’t even plan to live there. They say we won’t have any problem entering Canada but I’ve heard otherwise from this forum.

 

[rish888]

1) Yes, you can. Your currently valid PR card will get you onto a plane. The fact that you're a PR will get you into Canada. With your PR card you can get health care, a driver's license, and establish domestic tuition with Waterloo. PR status is distinct from the PR card. You can stay in Canada with an expired PR card, your primary documentation is your health card and drivers license.

2) Once you've stayed 2 years you can apply to renew it. As a PR you have a ton of rights, one of those being that the moment you have 730 days you can renew your PR card. The fact that it's been expired a year doesn't matter.

3) Yes, you can receive financial aid if you meet provincial requirements. (check with OSAP) Once your PR card is expired you can either use your original landing papers of get a Verification of Status document. (The Verification of Status is valid for life.)

4) Yes, they are, DO NOT travel with them. Under no circumstances should you travel with your parents. NO WAY! If they want to go to Canada, tell them they are free to fly by themselves. Book yourself on a different flight. You're 18 now, you don't need their permission.


On the matter of whether or not your entry to Canada will be issue free:

You do have one of the more valid H&C reasons, and given you have a currently valid PR card, if you fly to Toronto and use automated processing, you have a good chance of getting through issue free. If your residency violation is discovered, then there will be a process which will basically end 1 of 2 ways:

1) You get to enter Canada issue free.

2) You get to enter Canada, but you get "reported" for your residency obligation violation. You will need to appeal the report within 30 days. (The actual "appeal" is basically mailing in a 1 page form. You will then get a hearing date which can take a year or two. You will remain a PR and can even renew your PR card will waiting for your hearing. If you win the hearing you get to retain your PR status, if you loose you need to leave Canada in 30 days.


My recommendation is as follows:

Take a flight to Canada and try to enter. If you enter issue free, all good. If the violation is discovered, plead your H&C case. If that works, all good. If the officer says he will report you, renounce your PR status at the airport. (I don't recommend you take the appeal route; there are too many variables.) If you'd like to study in Canada, you'll need a study permit (which will make uni more expensive) or you could go to the US.

 

[sadthrowway]

1) Yes, you can. Your currently valid PR card will get you onto a plane. The fact that you're a PR will get you into Canada. With your PR card you can get health care, a driver's license, and establish domestic tuition with Waterloo. PR status is distinct from the PR card. You can stay in Canada with an expired PR card, your primary documentation is your health card and drivers license.

2) Once you've stayed 2 years you can apply to renew it. As a PR you have a ton of rights, one of those being that the moment you have 730 days you can renew your PR card. The fact that it's been expired a year doesn't matter.

3) Yes, you can receive financial aid if you meet provincial requirements. (check with OSAP) Once your PR card is expired you can either use your original landing papers of get a Verification of Status document. (The Verification of Status is valid for life.)

4) Yes, they are, DO NOT travel with them. Under no circumstances should you travel with your parents. NO WAY! If they want to go to Canada, tell them they are free to fly by themselves. Book yourself on a different flight. You're 18 now, you don't need their permission.


On the matter of whether or not your entry to Canada will be issue free:

You do have one of the more valid H&C reasons, and given you have a currently valid PR card, if you fly to Toronto and use automated processing, you have a good chance of getting through issue free. If your residency violation is discovered, then there will be a process which will basically end 1 of 2 ways:

1) You get to enter Canada issue free.

2) You get to enter Canada, but you get "reported" for your residency obligation violation. You will need to appeal the report within 30 days. (The actual "appeal" is basically mailing in a 1 page form. You will then get a hearing date which can take a year or two. You will remain a PR and can even renew your PR card will waiting for your hearing. If you win the hearing you get to retain your PR status, if you loose you need to leave Canada in 30 days.


My recommendation is as follows:

Take a flight to Canada and try to enter. If you enter issue free, all good. If the violation is discovered, plead your H&C case. If that works, all good. If the officer says he will report you, renounce your PR status at the airport. (I don't recommend you take the appeal route; there are too many variables.) If you'd like to study in Canada, you'll need a study permit (which will make uni more expensive) or you could go to the US.

Thank you for cleaning everything up. I take it if I were to go to Canada with my parents (I don’t plan to anymore) the chances of us being reported and issued a removal order significantly increase? Also, does automated processing mean that I could potentially get in without encountering any questions?

if my parents enter Canada at a later date than me, it won’t affect me right?

 

[rish888]

Thank you for cleaning everything up. I take it if I were to go to Canada with my parents (I don’t plan to anymore) the chances of us being reported and issued a removal order significantly increase? Also, does automated processing mean that I could potentially get in without encountering any questions?

if my parents enter Canada at a later date than me, it won’t affect me right?

Yes, travelling with your parents significantly increases the chance of you getting reported. Of course the result of a report is a removal order. (You've clearly done your research, a very good first step.)

Automated processing does mean there's a possibility that you'll get through without any questions. It's maybe even likely. (Though automated processing does involve some human interaction, it's less than regular processing.)

Once your in, your parents can do whatever they want and it won't affect you. Your statuses are independent.

 

[Rob_TO]

Did you happen to get a SIN upon your initial landing and time in Canada? If so then you are good. If not, then make sure you get one before your PR card expires.

Since you're just 18 and obviously looking to move to Canada forever, you can take a chance and apply for your PR card renewal on H&C grounds. In majority of cases, being removed as a minor is an excellent H&C reason so there is a good chance the PR card app would be approved despite not meeting the RO. However this is not guaranteed and we have seen cases where someone in similar situation was refused. The safest way by far is to spend 2 straight years in Canada under the radar with no contact with IRCC, and not leaving Canada for any reason.

If you are reported by CBSA and decided to appeal, spending a few years enrolled in UW during your appeal waiting period would help a lot when it came to your appeal date, since it shows you are genuinely integrating yourself into Canadian society and could be damaging to remove you from your schooling.