Expired pr card

[Kamh7]

Hi Leon,

I was wondering if you could assist me with a question I had.

I got my pr card in 2004 and completed around a 120 days before i went back to the uk.

My PR card has now expired (2009)

I went back to the Uk as my grandmother was taken ill and passed away in 2007, i had to assist my parents with the funeral arrangements and take care of things back home in the uk.

I then got married in 2010 in the uk and divorced in 2013, the divorce settlement took a while to sort out.

I am now ready to make the full time move to BC, any recomendations would be appreciated.

Thank you
Kam

 

[Leon]

You are fairly far away from meeting the residency obligation and your reasons for not meeting them are weak. Therefore, your only chance to keep your PR would be if you manage to enter Canada without getting reported and stay for two years without leaving in order to put your PR status back in good standing and only try to renew your PR card after that.

Getting settled in Canada without a valid PR card can be tricky. You may be asked for it for health care, in order to get a drivers license etc. I suggest you go to Ontario rather than BC if you want a drivers license. As far as I know, they do not require you to have a PR card or a work permit to get a license there while they do in BC.

If you get reported on entry for not meeting the RO, you can appeal this but it's unlikely that you will win an appeal with your reasons. You can also accept the loss of your PR and apply again under the current rules if you qualify.

 

[Kamh7]

Thanks for your prompt reply Leon.

Do you know how long re applying roughly takes?

Thanks
Kam

 

[scylla]

You don't meet the residency requirement for keeping your PR status.

If you want to try to keep your PR status, what you will have to do is re-enter Canada with the aim of remaining here for two years straight (without leaving for even one day). When you re-enter Canada, there is a chance you may be reported at the border for failing to meet the residency requirement and asked to appear at a hearing to argue why you should be allowed to keep your PR. If this happens, you should expect to lose your PR status since you don't have humanitarian and compassionate reasons for failing to meet the residency requirement.

If you are successful in entering Canada without being reported - then you will need to remain here for 2 years before applying to renew your PR card. You should not leave the country during these two years. During this period of time, you may find it difficult to do certain things like attend school, obtain health care coverage and potentially work (if you didn't obtain a SIN before leaving in 2004).

 

[scylla]

Thanks for your prompt reply Leon.

Do you know how long re applying roughly takes?

Thanks
Kam

It's not so much how long it takes - but whether you qualify. Have you reviewed the current rules?

To answer your question, it could take anywhere from a few months to a couple of years.

 

[Kamh7]

Thanks for your email.

I have a Sin number which was given to me in 2004.

And also fall under the qualified workers that are needed in canada if that helps.

Thanks

 

[scylla]

Thanks for your email.

I have a Sin number which was given to me in 2004.

And also fall under the qualified workers that are needed in canada if that helps.

Thanks

A SIN won't help when it comes to reapplying for PR.

Not sure what you mean by "the qualified workers that are needed in Canada". Do you have a specific trade?

 

[Kamh7]

I have a degree in computer science and work within the IT sector.

 

[scylla]

I have a degree in computer science and work within the IT sector.

It sounds like you are looking at outdated criteria for immigrating to Canada. There is no longer an occupation list for skilled workers that gives preference to some occupations over others (this went away with the introduction of Express Entry at the start of this year). So unfortunately your occupation no longer gives you any advantage. I'd recommend you read through the current qualifications here:

http://www.cic.gc.ca/english/immigrate/apply.asp

 

[Sydkadra]

Dear Experts
(Scylla, Leon, and other experts, sorry not mentioning names )
My friend is having the similar situation as he and his family is reaching Canada a few days before expiring the PR cards. If I presume that they were not reported, then what would happen when they start living in Canada with expired PR cards whether it will affect on the following.

1- To get employment with expired PR card though my friend is having valid DL of Ontario and have valid Health Card.
2- Whether the children get admitted into middle and secondary schools with expired PR cards and continue with their education.
3- If one of the child wants to get admitted into a university after completing 12th Grade, then whether the Valid PR card is required for getting admission and it is mandatory then what to be done to get admission.
4-What other problems may occur with expired PR cards until they stay for 730 days to get their PR cards renewed.

Thank you

 

[Leon]

1) If the situation is that they had lived in Ontario for a short time, gained the health cards and then left for years, they should be careful about consider these health cards to be "valid" even if they have not reached their expiry date. Just like the PR residency requirements, there are also residency requirements for health care in all provinces. In Ontario, you must stay there for at least 5 months in the first 6 after you arrived. After that 5 months out of every 12. If they haven't done that, they are not eligible for health care in spite of their valid OHIP cards. Using these cards in order to gain health care when they have not met the eligibility would be considered health care fraud. In order to avoid this, if they haven't spent 5 months in Ontario on the past 12, they should go to OHIP, explain their situation and clear things up. OHIP might decide they are ok to keep their cards or they might have them re-do the 3 month waiting period, depending on how long they were gone and why they were gone.

As for getting a job, some employers might ask them to prove they are PR in order to work and some don't. Having a SIN that doesn't start with a 9 should actually tell the employer that you are legal to work but not having a valid PR card could cause a loss of some job opportunities.

2) I don't think that a PR card is needed for elementary and high school

3) I have heard that universities tend to ask for PR card in order for a student to prove that they are eligible to pay the lower PR tuition fees instead of international student fees. They can ask universities if a PR card is needed. Maybe they'll find one where it isn't.

4) In Ontario, I don't think it's necessary to have a PR card to get a drivers license. If it was, it could be an issue for their kids but in other provinces, it often is.

Dear Experts
(Scylla, Leon, and other experts, sorry not mentioning names )
My friend is having the similar situation as he and his family is reaching Canada a few days before expiring the PR cards. If I presume that they were not reported, then what would happen when they start living in Canada with expired PR cards whether it will affect on the following.

1- To get employment with expired PR card though my friend is having valid DL of Ontario and have valid Health Card.
2- Whether the children get admitted into middle and secondary schools with expired PR cards and continue with their education.
3- If one of the child wants to get admitted into a university after completing 12th Grade, then whether the Valid PR card is required for getting admission and it is mandatory then what to be done to get admission.
4-What other problems may occur with expired PR cards until they stay for 730 days to get their PR cards renewed.

Thank you

 

[amirsrima]

1) If the situation is that they had lived in Ontario for a short time, gained the health cards and then left for years, they should be careful about consider these health cards to be "valid" even if they have not reached their expiry date. Just like the PR residency requirements, there are also residency requirements for health care in all provinces. In Ontario, you must stay there for at least 5 months in the first 6 after you arrived. After that 5 months out of every 12. If they haven't done that, they are not eligible for health care in spite of their valid OHIP cards. Using these cards in order to gain health care when they have not met the eligibility would be considered health care fraud. In order to avoid this, if they haven't spent 5 months in Ontario on the past 12, they should go to OHIP, explain their situation and clear things up. OHIP might decide they are ok to keep their cards or they might have them re-do the 3 month waiting period, depending on how long they were gone and why they were gone.

As for getting a job, some employers might ask them to prove they are PR in order to work and some don't. Having a SIN that doesn't start with a 9 should actually tell the employer that you are legal to work but not having a valid PR card could cause a loss of some job opportunities.

2) I don't think that a PR card is needed for elementary and high school

3) I have heard that universities tend to ask for PR card in order for a student to prove that they are eligible to pay the lower PR tuition fees instead of international student fees. They can ask universities if a PR card is needed. Maybe they'll find one where it isn't.

4) In Ontario, I don't think it's necessary to have a PR card to get a drivers license. If it was, it could be an issue for their kids but in other provinces, it often is.

I have a degree in computer science and work within the IT sector.

Hi Kam, To me it seems u have the only option, if you are able to enter without being asked, else I m afraid seems a black hole - I know one of my colleague who is struggling with appeals etc for last 6 years but nothing fruitful coming as he is outside canada