Did not meet residency obligations in 2014, am I still considered PR

[panpaday]

Hi Everyone, I am new to this thread and want some advice. I got my PR in 2009 and never moved to Canada, got it stamped, stayed for a couple of weeks and moved out of Canada again. My PR card expired in 2014 and I have not been to Canada since. As part of this I have also not met the residency obligation for a PR holder.

Now my question is, in a separate application in the country I'm living in at the moment, they want to know any other countries I currently hold a pr visa. I am not sure to answer yes or no here. Saying yes feels wrong to me since I have not met the residency obligations and for all intentions and purposes not a PR holder plus I have also submitted the documentation to Canada renouncing my PR (I'm yet to hear from them). Since I have not met the residency obligations am I now in a "defaulted" state or something like that ? and what should be the best answer here "yes" or "no" ?

 

[NZ_ozzie]

Now my question is, in a separate application in the country I'm living in at the moment, they want to know any other countries I currently hold a pr visa.

Generally the question is if you hold a valid PR for any other country and since you don't you can say No I suppose.

 

[panpaday]

Generally the question is if you hold a valid PR for any other country and since you don't you can say No I suppose.

ok, plus do you know how long they take to process the renunciation ?

 

[NZ_ozzie]

ok, plus do you know how long they take to process the renunciation ?

No idea sorry but I think IRCC will come back to you stating you are not a PR anymore.....

 

[Besram]

Hi Everyone, I am new to this thread and want some advice. I got my PR in 2009 and never moved to Canada, got it stamped, stayed for a couple of weeks and moved out of Canada again. My PR card expired in 2014 and I have not been to Canada since. As part of this I have also not met the residency obligation for a PR holder.

Now my question is, in a separate application in the country I'm living in at the moment, they want to know any other countries I currently hold a pr visa. I am not sure to answer yes or no here. Saying yes feels wrong to me since I have not met the residency obligations and for all intentions and purposes not a PR holder plus I have also submitted the documentation to Canada renouncing my PR (I'm yet to hear from them). Since I have not met the residency obligations am I now in a "defaulted" state or something like that ? and what should be the best answer here "yes" or "no" ?

PR status in Canada does not expire, only your PR card does. You remain PR until a formal determination is made to the contrary. The fact that you did not meet your residency obligation does not change this, because IRCC has not assessed your compliance with the RO.

So until you receive confirmation that your application to renounce your PR is approved, the correct answer to the questions above is "yes".

 

[NZ_ozzie]

PR status in Canada does not expire, only your PR card does. You remain PR until a formal determination is made to the contrary. The fact that you did not meet your residency obligation does not change this, because IRCC has not assessed your compliance with the RO.

So until you receive confirmation that your application to renounce your PR is approved, the correct answer to the questions above is "yes".

I thought if you haven't been to Canada since your PR card expired you need to file for PR again just like anyone else....

 

[scylla]

I thought if you haven't been to Canada since your PR card expired you need to file for PR again just like anyone else....

No - that's not the case.

 

[Besram]

I thought if you haven't been to Canada since your PR card expired you need to file for PR again just like anyone else....

Nope.

You can be found inadmissible due to not meeting your residency obligation and lose your PR status even though your PR card is still valid.

And your PR card can have expired, but you are in full compliance with the residency obligation. In that case, you will be admitted to Canada at a land border crossing or via air travel if you previously applied for a PRTD.

Bottom line: compliance with residency obligation and PR card validity are completely independent from each other.

 

[panpaday]

I understand PR card expiry and compliance are independent from each other, however my original question is, if you don't meet the compliance residency, that means you have lost your PR right (technically you have PR in their system, but for all intentions and purposes you have lost your pr) ? unless you file for some appeal or something like that.

 

[canuck78]

I understand PR card expiry and compliance are independent from each other, however my original question is, if you don't meet the compliance residency, that means you have lost your PR right (technically you have PR in their system, but for all intentions and purposes you have lost your pr) ? unless you file for some appeal or something like that.

No you haven’t lost PR yet but there is a good chance that when you try to enter Canada you will lose your PR. As a PR without a valid PR card you can’t fly into Canada. You’d need to apply for a PRTD which would trigger the process of terminating PR status unless you can prove H&C reasons. You can also attempt to enter via the US border and try you4 luck to see if you get reported. If you don’t get reported you will need to remain in Canada for 2+years to become compliant again. You won’t be bow to sponsor a spouse or child until you meet RO. Getting a new health card may also be difficult,

 

[panpaday]

Thank you everyone for your replies and helpful comments. Just to reiterate I'm not looking to enter Canada or renew my PR. I have to fill a form in my current country which has a question to the effect of

"countries I currently hold a pr visa"

So do I answer yes or no here? I feel answering "yes" here is misleading. Although technically I may be in "PR" status in Canada's system for all intentions and purposes I cannot enter the country using my PR since

• I have not met my residency obligations
• My PR card is expired in 2014 and I have not been to Canada since 2012.
• I have submitted the application to renounce my PR (does anyone know how long this takes by the way ?)

Therefore I could say my PR has lapsed?

 

[Besram]

Thank you everyone for your replies and helpful comments. Just to reiterate I'm not looking to enter Canada or renew my PR. I have to fill a form in my current country which has a question to the effect of

"countries I currently hold a pr visa"

So do I answer yes or no here? I feel answering "yes" here is misleading. Although technically I may be in "PR" status in Canada's system for all intentions and purposes I cannot enter the country using my PR since

• I have not met my residency obligations
• My PR card is expired in 2014 and I have not been to Canada since 2012.
• I have submitted the application to renounce my PR (does anyone know how long this takes by the way ?)

Therefore I could say my PR has lapsed?

Look - I don't know what form you are completing and how important it is that it is accurate.

But you are still a permanent resident in Canada - no two ways about it. PR status does not "lapse".

In your specific case, you cease to be a permanent resident when your application to renounce is approved.

The fact that you have not met your residency obligations and that your PR card has expired is completely irrelevant to this question. There is no automatic process for your residency to be revoked even though you haven't met your residency obligation. Even if you hadn't been to Canada in 20 years and you showed up at the Canadian border, they would still admit you into the country as a permanent resident with full work rights and everything else. They would most likely start the revocation process at that point in time, but there is still quite a process until it is legally effective.

Again: you do not automatically lose PR when you do not meet your residency obligation.

 

[panpaday]

Thanks for clearing this up. By any chance would you happen to know how long they take to process the renunciation. I know it could depend on factors, but generally speaking?

 

[Besram]

Thanks for clearing this up. By any chance would you happen to know how long they take to process the renunciation. I know it could depend on factors, but generally speaking?

Don't know unfortunately. I think I saw some others on the forum mention that it took a few weeks. Maybe do a search and see if you can find anything.

But: COVID, of course....

At the moment, everything is taking much longer than normal (most of IRCC staff are WFH) and they are prioritizing urgent applications as far as I understand.