Expiring PR Outside canada

[tveeter]

Hi
My PR is expiring in Oct 2020. I did not stay in Canada at all except during the initial landing. This was because of several personal issues. Now that i am ready, my PR is expiring. Any suggestions on what would be the process?

I just saw this link. Does it mean I can travel back to canada ?
https://www.cicnews.com/2020/07/holders-of-expired-immigration-visas-may-travel-to-canada-0715184.html#gs.fkl1g2

 

[scylla]

Hi
My PR is expiring in Oct 2020. I did not stay in Canada at all except during the initial landing. This was because of several personal issues. Now that i am ready, my PR is expiring. Any suggestions on what would be the process?

I just saw this link. Does it mean I can travel back to canada ?
https://www.cicnews.com/2020/07/holders-of-expired-immigration-visas-may-travel-to-canada-0715184.html#gs.fkl1g2

You can travel to Canada now. If you want to try to keep your PR status, you should plan to fly to Canada before your PR card expires. Once your PR card expires, things become more complicated.

When you arrive in Canada, it's possible you may be reported at the border for failing to meet the residency requirement. If you are reported, you will be allowed into Canada but will have to appear at a hearing to argue why you should be allowed to keep your PR status. If you have strong H&C reasons that kept you outside of Canada, this will help your case. If you are not reported when you enter Canada, then you would simply remain in Canada for 2 years straight to meet the residency obligation and then apply to renew your PR card.

 

[tveeter]

Thanks, @scylla for the prompt response. This means that I will have to decide to permanently move to Canada immediately. This will be little difficult. Just in case my PR expires, what will be my options. One more thing that I want to mention is when I got the PR I wasn't married. Now I am married and have a small baby. Does this any impact. I mean for now, I will travel alone but does it also mean wont be able to sponser them? And if I can't sponser them, what are the options for them to travel.

sorry for asking so many questions together

 

[scylla]

Thanks, @scylla for the prompt response. This means that I will have to decide to permanently move to Canada immediately. This will be little difficult. Just in case my PR expires, what will be my options. One more thing that I want to mention is when I got the PR I wasn't married. Now I am married and have a small baby. Does this any impact. I mean for now, I will travel alone but does it also mean wont be able to sponser them? And if I can't sponser them, what are the options for them to travel.

sorry for asking so many questions together

If your PR expires, then you will need to apply for a PR Travel Document in order to be able to return to Canada. Since you don't meet the residency requirement, you would need to apply under H&C and provide a strong argument for why you have remained outside of Canada and not met the residency obligation. Working outside of Canada, attending school or having a family outside of Canada generally are not accepted as reasons.

The fact you have a family without PR status now complicates the situation. Let's say you fly back before your PR card expires and are able to enter Canada without being reported, you will then need to wait two years (until you meet the residency requirement) before you will be able to sponsor your family for PR. They can apply to visit you in Canada on a TRV but approval is not guaranteed.

If you can get a PRTD approved under H&C, then you can sponsor them as soon as you arrive in Canada. Again, they can apply for a TRV but not guaranteed they will be approved. You will also need to remain in Canada for the majority of the time while their PR sponsorship application is being processed. Expect this to take 1 to 1.5 years.

What are your H&C reasons for having remained outside of Canada?

 

[scylla]

Just to add one point to the above... If your PR card expires and you don't think a PRTD will be approved, then the other option would be to fly to the U.S. (you would need the right visa for that) and then re-enter Canada through a land border using a private vehicle and your expired PR card.

 

[primaprime]

Given the extent of RO non-compliance, I doubt OP would be able to make it through the border without being reported, in which case they would need a lawyer and some truly exceptional H&C grounds with strong supporting documentation. What were the "several personal issues"?

 

[Copingwithlife]

Thanks, @scylla for the prompt response. This means that I will have to decide to permanently move to Canada immediately. This will be little difficult. Just in case my PR expires, what will be my options. One more thing that I want to mention is when I got the PR I wasn't married. Now I am married and have a small baby. Does this any impact. I mean for now, I will travel alone but does it also mean wont be able to sponser them? And if I can't sponser them, what are the options for them to travel.

sorry for asking so many questions together

That’s what “ Permanent Residency “ typically entails , you move permanently after qualifying, filling in forms ,jumping thru the proverbial immigration hoops
You move

 

[canuck78]

If you are able to enter the IS without being reported you’ll need to remain in Canada for 2 years without leaving and after you become compliant with your RO you will be eligible to sponsor your spouse and child. Would plan for a 3 year separation from your child and spouse.

 

[tveeter]

If your PR expires, then you will need to apply for a PR Travel Document in order to be able to return to Canada. Since you don't meet the residency requirement, you would need to apply under H&C and provide a strong argument for why you have remained outside of Canada and not met the residency obligation. Working outside of Canada, attending school or having a family outside of Canada generally are not accepted as reasons.

The fact you have a family without PR status now complicates the situation. Let's say you fly back before your PR card expires and are able to enter Canada without being reported, you will then need to wait two years (until you meet the residency requirement) before you will be able to sponsor your family for PR. They can apply to visit you in Canada on a TRV but approval is not guaranteed.

If you can get a PRTD approved under H&C, then you can sponsor them as soon as you arrive in Canada. Again, they can apply for a TRV but not guaranteed they will be approved. You will also need to remain in Canada for the majority of the time while their PR sponsorship application is being processed. Expect this to take 1 to 1.5 years.

What are your H&C reasons for having remained outside of Canada?

Thanks, @scylla @primaprime Reasons were nothing big which I can show under H&C. There got dragged into unplanned financial commitments that I had to fulfil and did not have enough money to plan for a move. I couldn't risk leaving current job and I kept trying from India which obviously didnot work out.

 

[tveeter]

If you are able to enter the IS without being reported you’ll need to remain in Canada for 2 years without leaving and after you become compliant with your RO you will be eligible to sponsor your spouse and child. Would plan for a 3 year separation from your child and spouse.

So let us say I move to canada and due to some emergency I have to travel outside Canada, only option that I will have to is to re-enter thru the land route?

 

[canuck78]

So let us say I move to canada and due to some emergency I have to travel outside Canada, only option that I will have to is to re-enter thru the land route?

If your PR card is expired there is still a good chance you will be reported for not meeting your RO but your only option will be to enter via the US land border or apply for a PRTD. If you are reported the process to lose your PR status starts which you can appeal. If you enter without being reported it is best to remain in Canada because the next time you may not be that lucky.