Expired PR Card renewal

[sicu]

Hi Leon,

We- Me, my husband and two children , landed in Sept 2007, and our PR Card expired in 2012 sept.
My elder son was already in the university and has fulfilled the residency obligations
my second son has been staying since 2010 sept and so he has lived in canada for 770 days or so . - thus completeing the residency obligation .
Me and my husband has been in and out - our parents are sick in India and we need to travel a lot as we are only children of our respective parents and responsible for parent's care , we need to work in Dubai , UAE for the financial reasons , we do not fulfill residnecy obligations . WE have the documents of our paret;s hospitalisation , treatment record of doctor etc .
My questions-
1. My second son's schooling for first 3 years in UAE , we must declare the absence - details of address, school and education outside canada in his PR renewal applicTION.?
2.Can we apply - me and my husband for our PRC renewal ? can it get accepted ?
Do we need to inform our 2 years absence that we worked in UAE?
3. In our application can we add the proof of our dependent children+ studying in Canada ?
4. We have bought a house in canada -should we attach me and my husband's name with proof of transfer document

Kindly advise on all these aspects
Thanks
5 Should we all apply separately or the whole family as together?

 

[computergeek]

If you are inside Canada, you should wait until you are in compliance with the PR residency obligation before you apply for a new PR card. You are not in compliance with the PR residency obligation, so as a matter of law they will not issue a new PR card (as I understand it, CPC-S does not consider H&C arguments in granting PR cards, that is reserved to a foreign visa office when granting a PRTD or the IAD when processing appeals). Indeed, I would expect that applying for a PR card might trigger an investigation and removal order. The removal order could be appealed to the IAD.

If you are outside Canada and are not visa exempt, you will need to apply for a PR travel document (technically, you need one even if you are visa-exempt). You may make an H&C argument at that point in time and if accepted, a PRTD will be issued. You may then apply for a new PR card from inside Canada.

Fair warning: if you get an H&C approval, do not waste it. Such considerations are not granted more than once as a general rule.

 

[Leon]

It is simple. If you have been a PR for more than 5 years, they will look at the last 5 years at the time you apply to renew. If you apply today, that would be Nov. 2nd 2007 until today. If you have 730 days within that 5 years window, you meet the residency requirements and get to keep your PR.

As for your son who was outside Canada for 3 years studying, same as yourselves working in the UAE, do you have to report? Of course you have to report. You have to account for every day you spent outside/inside Canada for the past 5 years. If you lie and get caught, then you are in trouble.

Applying as a family will not help you. Each PR is on his own. It will not help you that you own a house and that some of your children have met the requirements. You must meet the requirements on your own. Therefore, it would be wise that those of your family who meet the requirements apply to renew now. For the others, there is no point applying to renew if you don't meet the requirements.

Like computergeek said, if you are in Canada now, you can stay for 2 years and thereby revive your PR. If you allow your PR card to expire and apply in 2 years time with 730 days in Canada in the past 5 years, they will have to renew.

Another option, one of you can stay in Canada, the other stays in homeland taking care of the parents. A spouse who has kept their PR can easily sponsor the one who lost theirs. However, the sponsoring spouse must also meet the requirements so if you do that, do not sponsor until the spouse who stays in Canada has met their requirements already.

Another option, stay where you are until the situation with your parents is resolved. Then apply for a travel document stating your taking care of your parents as a reason why you could not meet the requirements. If it is accepted and you are granted a travel document, you can go to Canada and renew your PR cards. If it is denied, there may be ways for your kids to sponsor you again at that point. Currently, the sponsorship class for parents is closed. Keep in mind that you having lived in the UAE the whole time while your parents are sick in India may not be seen by immigration as you having taken care of your parents. They may suspect that the real reason you were in the UAE was because you did not want to let go of your well paying jobs. This is an understandable reason for not moving to Canada, however not one that is generally seen as humane and compassionate grounds.

 

[Ayham Ahouban]

if my PR card expired while i am outside Canada since my parents brought me back to my home country "when i was a minor" that's why i couldn't meet the residency obligation .. how can I get back to Canada to contiue my post graduate studies..
please if anybody can help .. ayhamchouban@hotmail.com

 

[computergeek]

if my PR card expired while i am outside Canada since my parents brought me back to my home country "when i was a minor" that's why i couldn't meet the residency obligation .. how can I get back to Canada to contiue my post graduate studies..
please if anybody can help .. ayhamchouban @ hotmail.com

If you are not visa exempt, you need to apply for a PR travel document. You should be very clear on why you were unable to come to Canada ("i was a minor child and my parents decided not to stay"). The sooner you do this after you become eligible to travel the more likely it is that you will be granted the travel document. From the cases I've read, I'd say the success rate of minor children applying for a PRTD to come back to Canada is quite high. With that said, I would note that the longer you wait to apply, the less likely it is that you will be granted a travel document.

Here are two cases to consider (picked almost at random from the thousands of such cases one can find on CanLii):

http://canlii.ca/t/2f1g6 (allowed)

http://canlii.ca/t/fkzc6 (denied)

 

[Ayham Ahouban]

infact I've just graduated with a business degree after 5 years of studying now I'm 23 years old and my card expired on oct 2010, I could n't renew it during my studying period since my parents did n't allow me to travel alone.. how can I check if I'm visa exempt ?

 

[computergeek]

infact I've just graduated with a business degree after 5 years of studying now I'm 23 years old and my card expired on oct 2010, I could n't renew it during my studying period since my parents did n't allow me to travel alone.. how can I check if I'm visa exempt ?

Look at the CIC website - it is based upon the country of your passport(s) whether you are visa exempt or not.

If you are now able to return to Canada and wish to do so, you should apply to a visa office for a travel document (PRTD) explaining the facts - that you were a minor child when your parents removed you from Canada, that this is the first time you have had an opportunity to return to Canada and you wish to move to Canada and remain there so you can satisfy your PR residency obligation and eventually obtain Canadian citizenship.

Remember - this is a humanitarian and compassionate argument, so you can present evidence about your situation and why you are returning now.

If the VO grants your PR Travel Document, you should return to Canada prior to its expiration and then apply for a new PR card (which I've read will be granted because you have been granted the PRTD from the visa office). If the VO refuses your PRTD you may appeal that decision to the IAD in Canada. You can then obtain a TRV to attend your IAD hearing; you may then apply for a one year PR card while you wait for your hearing.

If you are visa exempt, you don't require a PR travel document. In that case you could simply approach the POE and explain the circumstances to the CBSA officer. She or he has the ability to consider the same H&C arguments. If the officer does not write up a report on you and/or serve you with a removal order, then you should remain in Canada for 2 years (730 days) without leaving so that you return to compliance with the residency obligation. After you have 730 days, you can apply for a new PR card.

If the officer writes up a report on you and that leads to a removal order or issues a removal order there to you at the border, you have a limited time (30 days I think) to appeal the removal order. In that case, you'll be making the same H&C arguments but this time to the IAD.

CanLii is filled with cases like this. Here's one at random: http://canlii.ca/t/fq1l6

The applicant was granted H&C consideration after a VO refused to grant a PRTD.

Good luck!