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expired PR

aubergine

Newbie
Mar 6, 2020
1
0
Hi folks, I have a question regarding the case of not meeting my PR residency obligations PR.

My case is as follows: I applied for and got approved for PR and did my landing in 2014, but could not stay long due to a family situation, and left Canada. I have with me the landing documents but no PR card. During the last 6 years, I had to resolve the family situation, and thus was not being able to stay the minimum number of years to meet residency obligations. I would now like to enter Canada and I would appreciate if folks guide me on any options that I have towards entering Canada and have a few questions: Will I need to reapply for PR? Will I need to get a PRTD to travel to Canada or should I apply for a visitor visa to enter? For flying into Canada or driving to Canada, what additional documents would I need to take (I have my landing documents)? If I need a PRTD, how should I go about applying for this?

Or, will I need to start a new PR application since I failed to meet residency obligations? I would appreciate any help and suggestions. Thanks.
 

k.h.p.

VIP Member
Mar 1, 2019
7,350
1,576
Canada
You can't apply for a visitor's visa unless you renounce your PR, and you don't want to do that yet.

To fly into Canada, you need a PRTD - and you would need to apply for it mentioning the family situation that prevented you from returning to Canada.

To drive into Canada, you'd need a US visitor visa (or passport that gets you into the US) and drive across.

Depending on your conversation with the border officer, you may be let into Canada, or you may be reported for not meeting your RO. If you are reported, the process to remove your PR begins but you can appeal, arguing that your family situation is a humanitarian and compassionte reason to waive the RO breach.
 

canuck78

VIP Member
Jun 18, 2017
26,947
5,802
Hi folks, I have a question regarding the case of not meeting my PR residency obligations PR.

My case is as follows: I applied for and got approved for PR and did my landing in 2014, but could not stay long due to a family situation, and left Canada. I have with me the landing documents but no PR card. During the last 6 years, I had to resolve the family situation, and thus was not being able to stay the minimum number of years to meet residency obligations. I would now like to enter Canada and I would appreciate if folks guide me on any options that I have towards entering Canada and have a few questions: Will I need to reapply for PR? Will I need to get a PRTD to travel to Canada or should I apply for a visitor visa to enter? For flying into Canada or driving to Canada, what additional documents would I need to take (I have my landing documents)? If I need a PRTD, how should I go about applying for this?

Or, will I need to start a new PR application since I failed to meet residency obligations? I would appreciate any help and suggestions. Thanks.
You have not lost your PR status but have not met your RO. Unless you are a US citizen you can’t fly into Canada without a PR card. Your options are applying for a PRTD with all your proof of why you couldn’t move to Canada earlier and see if a a PRTD is approved based on humanitarian or compassionate grounds. The other option is to arrive at the US land border with your landing documents and plead your case as to why you could not move to Canada earlier. You will either be reported for not meeting your RO or let through. If you are reported you can attempt to appeal the revocation of your PR status based on the evidence you have of H&C reasons. For example you had to care for a parent who had cancer and no other family member lived in your home country so you could not come to Canada. It will also depend on how much time you have actually spent in Canada since your landing. Has it been close to your RO or almost no time? If you have only spent a very short period of time in Canada your ability to retain your PR status is not as likely. If you don’t get reported you will have to remain in Canada for 2 years without leaving and then reapply for a PR card when you become compliant. You will not be able to sponsor a spouse or child during that time. You may have difficulty getting a health card to access healthcare. Hopefully you have a SIN# if not you won’t be able to work.
 

Avis63

Newbie
Mar 7, 2020
1
0
Hi,
I have a similar situation like Aubergine. I never knew that my PR was still intact, though my RO, PR card all expired years ago. It was only when my daughter applied for a visa a couple of years ago that I came to know that my PR was still on record.

I am having my SIN and expired health card. I also have my landing doc. I have a US visa (I am Indian national). My previous passport was lost and I don't have any track of travel days. (The same is reported in my present passport).

What are the chances of me getting entry by car thru a border. Can I state that I was unaware that I was eligible to re-enter ?
 

canuck78

VIP Member
Jun 18, 2017
26,947
5,802
Hi,
I have a similar situation like Aubergine. I never knew that my PR was still intact, though my RO, PR card all expired years ago. It was only when my daughter applied for a visa a couple of years ago that I came to know that my PR was still on record.

I am having my SIN and expired health card. I also have my landing doc. I have a US visa (I am Indian national). My previous passport was lost and I don't have any track of travel days. (The same is reported in my present passport).

What are the chances of me getting entry by car thru a border. Can I state that I was unaware that I was eligible to re-enter ?
Not being aware is not an H&C reason. Not a great chance of you being able to retain PR although you can certainly try. You can enter Canada but keeping your PR is a different story. Even minors who removed like your daughter are no longer guaranteed like it was in the past due to increased numbers claiming being removed as a minor.
 

canuck78

VIP Member
Jun 18, 2017
26,947
5,802
Here is a summary of what to do in this situation, and what to avoid.

Note I am not affiliated with this law firm and I am not suggesting you work with them (do your own research).

https://www.matkowsky.ca/post/2018/06/10/what-to-do-if-my-pr-card-expired
Would just add that it really depends on your situation. The fact that your child applied for a visa a few years ago means that you became aware that you had not lost your PR status and you took no steps to try to return to Canada as soon as possible. That will be one of the arguments used against you. It also depends when you landed in Canada and whether you ever attempted to get established in Canada.
 

iglu

Hero Member
Feb 28, 2020
348
42
Those who are not sure what to do - they all should take legal help. U cannot become an expert from youtube,google or any kind of forum .
 

canuck78

VIP Member
Jun 18, 2017
26,947
5,802
Those who are not sure what to do - they all should take legal help. U cannot become an expert from youtube,google or any kind of forum .
Those trying to enter with longterm expired PR cards often rely on luck at the border.
 

Buletruck

VIP Member
May 18, 2015
5,643
1,933
no one does that , people are not yet sure if their PR has expired or not yet.
Permanent Residence does not expire, ever. Once a PR, always a PR. Only the card expires. The only way to loose PR status is to renounce it officially or to have it revoked.
Contrary to your comments, there are many posts here related to taking the chance and trying their luck at a border crossing with expired PR cards. Take the time to do some research before making such claims.
 

scylla

VIP Member
Jun 8, 2010
64,792
8,905
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
no one does that , people are not yet sure if their PR has expired or not yet.
Many people here have successfully done this and retained their PR status.

PR status doesn't expire. Only PR cards expire.