Expired PR renewal for Minor

[SUHADJS]

Hi..good morning,

We got PR in 2008 and due to death in family We had to come back later my widowed mother diagnosed with mental health disease and as I'm the only child, I brought her to my home for caregiving, due to this we could not return back to Canada and my PR expired in 2013. My elder one is 16 years old and he wants to go for further studies in Canada. I have all the documents related to my mother's illness as well as my father's death certificate. We had not fulfilled the PR residency obligation, so how my son can renew PR when he turns 18 and decided to return back to Canada?

 

[rish888]

Refer to the following post:

http://www.canadavisa.com/canada-im...ild-pr-residency-obligation-violation.483821/

Quick Note:

1) He can't "renew" his PR. PR is like citizenship, valid until you are stripped of it.

2) Most attempts to enter Canada will trigger a process to revoke his PR based on RO violation. In this scenario he needs to appeal to retain his PR on H&C grounds.

There is no automatic/guaranteed way he can retain his PR. Only remedy in case of PR being revoked for non-compliance is H&C appeal.

Two distinct options for you son:

1) Apply for a PRTD at the Canadian Embassy on H&C reasons. If it is accepted he retains status, if it is denied he needs to appeal so he doesn't loose status. If he wants to be in Canada during his appeal process, he needs to enter Canada via America by land.

2) Enter Canada via land from America. Entry to Canada guaranteed by right. He may be reported by immigration for not meeting RO, and if immigration decides to give him a removal order (order to leave Canada in 30 days) he will need to appeal to retain PR. During appeal he will be a PR, can stay, study in Canada etc.

Hopefully appeal is successful. If the appeal is not successful he will need to leave Canada.

Note:

In option two there is a chance immigration doesn't report him for RO violation. If this happens he should not leave Canada for two years so he comes back in compliance with his RO.

Also, you have not lost your status. Your PR Cards is expired, that has nothing to do with your PR status. Even you can apply for a PRTD or enter Canada via land from America. You seem to have some compelling reasons for staying outside Canada, so even your application may be accepted on H&C grounds.