+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Child under 18 with expired PR Card

Discussion in 'Permanent Residency Obligations' started by shivarajkc, Oct 12, 2019.

  1. If parents left Canada after getting PR card and didn't maintain the PR status so that the PR card expires. Now the Kid is 15 years old with expired PR card. Now, how can the kid get the PR status back?
     
  2. Without parents or guardians in Canada, likely nothing until they are 18. They can then apply for a PRTD in H&C grounds they were removed as a minor.
     
  3. REMINDER: the fact a PR card has expired has NO direct effect on the PR's status. PR status does NOT expire.

    Thus, for example, a minor PR abroad whose PR card has expired nonetheless continues to be a Canadian.

    If the minor PR has not been present in Canada at least 730 days within the previous five years (or entitled to a credit as such), just like any other PR, the minor is in breach of the PR Residency Obligation and thus at RISK for being deemed INADMISSIBLE and losing PR status. However, there is NO loss of PR status UNLESS the PR renounces status, becomes a citizen, or the individual's status is FORMALLY ADJUDICATED and determined to be terminated.

    Nonetheless, if a PR was removed from Canada as a minor, that constitutes a strong, positive H&C factor heavily favouring allowing the PR to keep PR status, so long as the PR makes the effort to return to Canada relatively soon after turning 18.

    A decision as to status could come about through:
    -- applying for a PR Travel Document
    -- explaining situation during a PoE examination upon arrival in Canada (such as traveling to a land border crossing via the U.S.)
    -- applying for a new PR card if somehow the individual otherwise is in Canada (such as coming to Canada via the U.S. and being waived into Canada without going through a formal RO examination at the PoE)​



    NOTE:

    Being removed as a minor is just ONE H&C factor. It is among the most important factors to be sure. BUT nonetheless it is just ONE factor to be considered in conjunction with many others. THUS, just the fact of being "removed" as a minor is NO guarantee there will be a favourable H&C outcome.

    There has been a lot of reporting about PRs removed as a minor and efforts to return to Canada or otherwise save PR status, but this is mostly about those who do so AFTER becoming an adult (18 plus). As long as the effort to come to Canada is relatively soon after reaching 18, the removed-as-a-minor factor is indeed a very strong, positive factor which heavily favours allowing the individual to keep status. As just observed, however, there is NO guarantee. Other factors, potentially negative factors, can tip the scales against allowing the individual to keep PR status (examples: lack of establishment in Canada, lack of ties in Canada, particularly lengthy time since last in Canada).

    There has been minimal reporting about minor PRs in breach of the RO attempting to come to Canada while still a minor. Among those, a significant percentage of those reported scenarios indicate the minor PR's case is tied to the outcome of a parent's case. Especially PR TD application cases. Most appear to NOT go well if the parent's case does not go well.

    Personally I have not seen enough in forum reporting or officially published decisions about actual cases to have any clear sense about how things tend to go for those who are still a minor. Obviously there can be some conflicting incentives: the sooner a PR attempts to return to Canada the better . . . but maybe trying to do so before turning 18 is not a good idea. I do NOT know.

    In any event, what we do know is that as long as a PR actually was RESIDING in Canada for some significant time, enough to have established a life in Canada, but was then removed as a minor, there are very GOOD odds of H&C relief if that PR attempts to return to Canada SOON after reaching the age of 18.
     
  4. thank you very much. And may I know, how much time usually does it takes once you apply for it?
     

Share This Page