Have expired Residency Card, family left Canada violating Obligations.

[whydoicare]

As the title says, I have a residency card that is now expired, my family decided that they could not afford to stay in Canada, my father also decided against it for his own religious reasons, so we left to our original country. I want to get the PR renewed. Technically, I did not spend the time that I should have spent in Canada when the PR card was valid because I didn't really have a choice. Now that I am an adult I want to immigrate to Canada and was wondering if I have to reapply for immigration from scratch or whether I can somehow renew my permanent residency.


Can someone give me some advice about how best to proceed?

 

[scylla]

If you want to try to keep your current PR status, the only H&C reason that matters is that your parents removed you from Canada when you were too young to make the decision to stay. The downside is that you have waited a few years too long to do something about this. If you had applied for a PR Travel Document when you were 21 or younger, approval would have been pretty much guaranteed and you would have had no issue keeping PR. At 25, you're a little old to make such a claim since you've been an adult for a number of years now in the eye's of CIC. You can still try applying for the PRTD under H&C, but chances are on the low end it will work out.

If you have your COPR (landing document), you could also try to fly to the US and re-enter Canada by land in a private vehicle. If you're able to re-enter without being reported for failing to meet the residency requirement, you can then remain in Canada for 2 years straight and then successfully apply to renew your PR card. This option is tricky on a few fronts. First, you'll need to get a US visa. You'll also need to enter Canada without being reported. Last but not least, you'll need to live in Canada for two years straight without a PR card and you may have challenges doing this like obtaining a health care card during this time.

 

[Rob_TO]

Also did you get a SIN number when you were last in Canada as a child?? If so, then if you entered without being reported you could reactivate your SIN and work.
If you don't have a SIN already, then unfortunately you can't get one until you have a valid PR card so will take more than 2 years. During this time you would be unable to work legally, posing many obvious problems to staying here 2+ years.

Your H&C case is most likely not relevant. If the situation was so bad, you would have taken the opportunity to travel back to Canada as soon as you reached age of majority to escape the situation. Instead you voluntarily stayed until age 25. So I highly doubt this will factor in at all to a PR TD app based on H&C reasons.

Of course the only opinion that matters is the visa officer that would process your file. So if you don't want to attempt entry into Canada at a land border to see what happens, then your only other option is to apply for PR TD and see what happens. If the PR TD is rejected, it will start formal process to revoke your PR status.

If the PR TD is approved, then you can keep your PR status, return to Canada and apply for PR card renewal immediately.

 

[whydoicare]

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Thank you both for all your help. Really kind of you. I do have some more inquiries though and would appreciate very much it if you could help me some more:

1-I've been told by the lawyer who handled our immigration case to go with the land route, he was very sleazy and untrustworthy, and did not tell me anything about trying for a PRTD. Is it safe to assume that trying to travel by land, instead of trying for a PRTD, is more preferable/successful? (assuming I do have a SIN number)

2-You said that following a failed PRTD request, my residency would begin to be revoked, would this extend to my immediate family members who are in a similar boat (aged above 21)? I also have a sibling who is in her early teens with an expired PR, and would probably like to pursue this further at a later date, would I be harming her better chances at this by going through with a failed PRTD request now?

3-Finally, would any of this, having an expired/revoked residency as a child, negatively impact my chances of becoming an immigrant, if I were to apply apply from scratch?

Your H&C case is most likely not relevant. If the situation was so bad, you would have taken the opportunity to travel back to Canada as soon as you reached age of majority to escape the situation. Instead you voluntarily stayed until age 25. So I highly doubt this will factor in at all to a PR TD app based on H&C reasons.

 

[Rob_TO]

Thank you both for all your help. Really kind of you. I do have some more inquiries though and would appreciate very much it if you could help me some more:

1-I've been told by the lawyer who handled our immigration case to go with the land route, he was very sleazy and untrustworthy, and did not tell me anything about trying for a PRTD. Is it safe to assume that trying to travel by land, instead of trying for a PRTD, is more preferable/successful? (assuming I do have a SIN number)

3 possible things will happen if you travel to US and attempt to enter Canada by land.
1. CBSA officer will simply tell you to watch your residency obligation, and wave you into Canada. This is essentially "sneaking" back in without being reported. This would allow you to stay inside Canada for 2 straight years without leaving even once for any reason whatsoever, to come back into compliance with the RO and only then apply to renew your PR card. Even if you have a SIN (which would be dormant so may need to reactivate), it may be tough to go 2+ years with no valid proof of your PR status (but doable). Also not being able to leave for 2 years would be tough, meaning zero visits to home country for any reason.
2. CBSA will note you don't meet RO, and officially report you. This starts process to revoke your PR status. You will still be allowed to enter Canada, and will have 30 days to decide if you want to appeal or leave Canada and accept revoking of PR. If you decide to appeal, you'll get 1-year temporary PR cards until your appeal date comes.
3. CBSA will see you don't meet RO, and grant you offical exception under H&C considerations. In this case you can enter Canada and immediately apply to renew PR card. Although chances of this happening in my opinion are slim to none.

2-You said that following a failed PRTD request, my residency would begin to be revoked, would this extend to my immediate family members who are in a similar boat (aged above 21)? I also have a sibling who is in her early teens with an expired PR, and would probably like to pursue this further at a later date, would I be harming her better chances at this by going through with a failed PRTD request now?

No this should not trigger any investigation against your family. It would only concern your own PR status.

3-Finally, would any of this, having an expired/revoked residency as a child, negatively impact my chances of becoming an immigrant, if I were to apply apply from scratch?

No, should have zero effect on a future PR app if you qualify under an economic stream.

 

[rubiya1]

If you want to try to keep your current PR status, the only H&C reason that matters is that your parents removed you from Canada when you were too young to make the decision to stay. The downside is that you have waited a few years too long to do something about this. If you had applied for a PR Travel Document when you were 21 or younger, approval would have been pretty much guaranteed and you would have had no issue keeping PR. At 25, you're a little old to make such a claim since you've been an adult for a number of years now in the eye's of CIC. You can still try applying for the PRTD under H&C, but chances are on the low end it will work out.

If you have your COPR (landing document), you could also try to fly to the US and re-enter Canada by land in a private vehicle. If you're able to re-enter without being reported for failing to meet the residency requirement, you can then remain in Canada for 2 years straight and then successfully apply to renew your PR card. This option is tricky on a few fronts. First, you'll need to get a US visa. You'll also need to enter Canada without being reported. Last but not least, you'll need to live in Canada for two years straight without a PR card and you may have challenges doing this like obtaining a health care card during this time.

LIVING IN CANADA WITH EXPIRED PR FOR 2 YEAR AND AFTER 2 YEAR APPLY FOR PR RENEWAL WHAT ARE CHANCES TO APROVEL OR REJECTION

 

[scylla]

LIVING IN CANADA WITH EXPIRED PR FOR 2 YEAR AND AFTER 2 YEAR APPLY FOR PR RENEWAL WHAT ARE CHANCES TO APROVEL OR REJECTION

Please don't type in all caps. It is considered rude and yelling. It's also difficult to read.

To answer your question, if you live in Canada for 2 years with an expired PR card without leaving and then apply to renew your PR card, there should be no issues being approved. However you should not that during the two years, you cannot apply to sponsor a family member for PR (I believe you have a child born outside of Canada who is not a PR) - you have to wait until the two years have passed. If you apply to sponsor your non-PR child during the two year period, you can expect the sponsorship application to be refused and your PR status to be revoked.