Delayed entry causing problems with PR status

[Canadagirl95]

Could anyone please answer the following query. This is EXTREMELY URGENT!!!

My parents, brother and I made our landing on 10 May 2010. We left back for our home country on June 07, from Canada and arrived in our home country on june 09, due to transit delays.
My parents and brother got their PR cards but I had a problem with my photograph and did not get mine. Based on the information given by the Canadian Embassy in Abu Dhabi that the PR document will be valid for a month we had to wait till the 10th of May 2013 to Apply. It was finally issued to me after a delay of twenty days on may 28th but reached me on June 03 by which time it was too late to purchase tickets.

To make the 730 days I have to reach on 09 June 2013, which is next to impossible as there are no tickets to Canada and my parents have to resign their jobs giving a month's notice.
As such, can we enter Canada a week past the 09th?
Will we have any problem, ie, will we be reported by the Canadian Border authority for not entering on time?
Will I have problems renewing my PR status after 2 years when it lapses on June 25th 2015?

Thank you for your help!

Canadagirl95

 

[zardoz]

All you can do is try... A lot will depend on just how happy the immigration office that meets you on your return is feeling that particular day. Realistically however, you will probably get away with it.

 

[Leon]

I don't buy the "no flights to Canada" part. There are always flights to Canada. Why don't you go alone?

Nobody can allow you to stay outside longer beforehand. Immigration will only look into mitigating circumstances if you have already overstayed outside and get caught. You should not have left it this late to return to Canada. It seems that you or your parents wanted to maximize on their allowed 3 years outside and left it a bit too late and missed the boat.

As long as you have a valid travel document, I don't think you will have a problem entering Canada. Your parents and brother may get a talking to about having stayed outside too long as well but they will most likely let you in.

Your parents and brother should not leave Canada at all in the next 2 years and they should not apply to renew their PR cards until they have 2 full years in Canada even if it means their PR cards expiring in the meantime.

As for you, it's a different problem because you don't have a PR card. You can apply for a new PR card based on your travel document but because you will be applying for it without meeting the residency requirements, your application will probably take forever and in the end, you might not get one. Staying in Canada without having a PR card can be complicated. You may have problems getting health care and a drivers license, registering for university etc. If you go right now while you can still meet the residency obligation, you have a better chance at applying for a PR card and getting it sooner.

 

[Canadagirl95]

Leon, thanks for the reply.


Does one need a PR Card to apply for university or school?
I was under the impression that it was used only for travel out of Canada.

Are they strict about a few days?

till which age is one considered a minor in Canada ? i am seventeen years and 8 months.

 

[Canadagirl95]

"Immigration will only look into mitigating circumstances if you have already overstayed outside and get caught."
I do not understand this statement from your reply. Can you please explain?

 

[zardoz]

"Immigration will only look into mitigating circumstances if you have already overstayed outside and get caught."
I do not understand this statement from your reply. Can you please explain?

What it means is that you cannot pre-arrange with Immigration to consider mitigating circumstances. You can only ask for them to be taken into account AFTER you have been detected AND reported. Basically, within the appeal process.

 

[Msafiri]

If your Travel Document was granted on humanitarian and compassionate circumstances you would be ok to apply for a PR Card immediatley after entry. It seems your TD was issued on the basis that you could still meet the 730 days in the 5 year period from landing. In this case don't apply for a PR Card as CIC in Canada may decide to review a fresh 5 year period and you may not have the days.

As per Leon you may have some challenges without a valid PR card in obtaining government services so expect to show your COPR landing document at such times as proof of your PR.

Good luck

 

[zardoz]

Does the TD that you have been issued have an expiry date on it?
If so, when does it become invalid for boarding an aircraft?

 

[Canadagirl95]

Thanks Zardoz

yes, my TD was issued on 28th may and expires on 26 November 2013. Category: Permanent Resident.

CIC website, in Abu Dhabi states that the validity of the TD is for one month., then why did they issue me a TD WITH VALIDITY OF SIX MONTHS ?

 

[Canadagirl95]

TD was issued on 28th May 2013 and expires on 26 November 2013.

In my letter to CIC , Abu Dhabi when applying for the TD I mentioned the following:

1. Dates when we landed and left Canada.

2. Reason why I have been out of Canada- Completion of grade X and XII , as parents had things to take care of and brother was in the midst of degree.

3. Mentioned that i have not got my PR card due to photo issue. I attached the letter of CIC asking for a photo retake. ( of course there will be a photo issue as the photographs taken at the time of application in 2007 showed me as a little girl. Same photographs were given at the time of landing at the airport and they did not have any issue with it.)

4. Gave them reason why I was applying for TD ON THE 13TH mAY 2013 ,( as I had just finished my exams and was worried if I apply earlier for TD it would be issued and I would be in the midst of my exams beacuse CIC website in Abu Dhabi states validity of the PRTD is just one month.)


All the above four points were in answer to question 18 . on the form-APPLICATION FOR TRAVEL DOCUMENT.

QUESTION 18 states - Humanitarian and compassionate grounds.

So , I don't know if the TD was issued on compassionate grounds as nowhere is it mentioned on the TD.

 

[Leon]

Supposedly you only need a PR card to travel but government agencies sometimes ask for it as a proof of your status as most people have them. It can be a problem with studies not having a PR card. You can try with your COPR and travel document and see how far you get but be prepared that you might have problems.

You ask if they are strict about a few days. They already give you 3/5 years to be outside Canada. This is more leeway than any country I know of gives to their PR's to be outside their PR countries and still keep their status. In many countries, you lose your PR if you are outside for more than 6 months. It's 730 days you have to stay any 5 year period, one day less means you don't meet the requirements.

Your family doesn't seem to have any H&C reasons for being outside Canada. You could have transferred to a high school in Canada without a problem. If your brother was doing a degree, he could have stayed outside Canada alone.