Entry to Canada while my maple card expired.

[liltora]

Hi.

I have been holding a maple leaf card, or permanent resident card, yet just expired recently. Unfortunately, I could not meet redidency obligation this time. In the meantime, I am getting married to Canadian citizen, and my spouse to be is going to sponsor me for permanent resident status application.

I just wonder what should I say at Canadian customs when I visit Canada this time, or what sort of question the immigration officer is possibly going to ask? I need to come back to my country after my wedding as I am still working here.

Also when I apply for a new permanent resident status with sponsorship, should I say that my previous one has expired?

If anyone could give me some tips, that would be very appreciated!

Thank you.

 

[Leon]

If you want to apply for a new PR status, you need to renounce the old one first. It is not automatically gone with the expiry of your card and not being able to meet the residency requirements. I guarantee you that immigration at this point has no idea that you do not meet the residency requirements.

If you want to renounce your PR, you can do it through the Canadian embassy in your home country.

There are also other options like if you are ready to move to Canada now and you are visa exempt, if you are allowed entry without being reported for not meeting the requirements you could just stay in Canada for 2 years and you will meet the requirements again. Another option, if your Canadian spouse is going to live with you outside Canada and you live together outside Canada for 2 years after your wedding, you will also meet the residency requirements again as days spent outside Canada with a Canadian spouse counts as days in Canada towards the PR residency obligation.

 

[liltora]

Thank you, Leon for your immediate reply.

After the wedding I need to come back to my home to continue my work til my new pr status is granted.
And i don't think I am opt for living in Canada for two years without going out of the country.

If this is the case, before reapplying for a PR status, I shall renounce my current status?

My concern now is what if I am questioned by the officer when I enter into Canada this time. Sometimes they ask for my maple leaf card as I believe my passport number is linked. Should I even renounce my status at the airport?

 

[Leon]

You can certainly tell them that you were a PR but do not meet the residency requirements and want to renounce it. You could offer to renounce it as you enter Canada. If they don't want to deal with it, you will have to do it through the embassy in your home country.

 

[liltora]

Hello Leon

Now I understand that in order to renew my status, I must renounce it first. Let me clarify though, the only way to renounce it is to go to the embassy or to go through the immigration, but it cannot be automatically renounced when I apply for a new status?

Also even if I move to Canada with my current status without renouncing it, am I still able to work there? Or I can only stay there as a visitor for two years?

 

[Leon]

Now I understand that in order to renew my status, I must renounce it first. Let me clarify though, the only way to renounce it is to go to the embassy or to go through the immigration, but it cannot be automatically renounced when I apply for a new status?

Also even if I move to Canada with my current status without renouncing it, am I still able to work there? Or I can only stay there as a visitor for two years?

You would not be renewing your status, you would be renouncing your old status after admitting that you do not meet the residency requirements and you would be applying for a new PR.

You could try to write a letter to renounce your old status and send it with the application for a new one and see if they accept that. I know there is a form to renounce your status but I have never found it online.

If you decide to try to revive your old status by staying in Canada for 2 years straight, you would still be a PR as your status has not been officially revoked. You therefore have the right to work as any other PR.

 

[liltora]

Thank you again for your reply.

When I go through the immigration this time, is it still ok to tell the truth that I am getting married in Canada? Does it cause more questions from the immigration officer?

Maybe I am too worried....