Have I lost PR status?

[edgeacef22]

I gained PR status from my Canadian mother (I'm American) in 2009 as a dependent, and stayed for a year, but left in 2012 at the age of 22 to return to the states. I've been out of Canada for four years now due to family reasons, and I'm wondering if I can manage to renew my PR status and stay in Canada. My PR card has expired but I entered the country smoothly.

I left Canada four years ago to return home to Philadelphia because my father was sick and to attend University. After three years I left University to move to Montana with my American common-law partner. After a year in Montana, I left to return to Canada in hopes of finishing my PR obligation, become a citizen, and be with my mother, where I am currently residing.

Do I have a case to appeal/renew? Or am I going to have to start this whole process over again?

Thanks

 

[Rob_TO]

So you're in Canada right now and were not reported upon entry? If so, your best bet to retain PR status is to stay here for 2 straight years without leaving even once for any reason. Then you'll be back in compliance with RO and can only then apply to renew PR card. If you left/re-entered Canada during these 2 years, you run the risk of being reported upon re-entry and losing your PR status.

It would not be a good idea to attempt to renew PR card on H&C reasons, since in general attending school outside Canada is NOT considered a valid H&C reason. There would be a good chance your H&C claim would be denied and PR status revoked.

If attempting to stay here 2 years, note you can't attempt to sponsor your CL partner for PR during this time. You must wait until you after you're back in compliance with RO. During the 2 years she can always come to Canada as a visitor or if she can get a work/study permit some other way.

 

[edgeacef22]

Thanks so much for the swift reply.

I might have to cross the border once more as all of my belongings are back in the states. Is it really that risky? Is it terrible to just not flaunt my expired card and show my passport instead? I imagine that isn't a good idea, though.

 

[Rob_TO]

Thanks so much for the swift reply.

I might have to cross the border once more as all of my belongings are back in the states. Is it really that risky? Is it terrible to just not flaunt my expired card and show my passport instead? I imagine that isn't a good idea, though.

Upon re-entry the CBSA officer you get may notice you don't meet RO, and may decide to report you. If so your PR status will most likely end up revoked.

Or they may end up the same as before, and simply let you in without any issue.

You are putting your fate into the hands of the specific CBSA officer you get, and what they feel like doing. Up to you if you want to risk it as nobody here can say for certain what will happen.

 

[edgeacef22]

Okay thanks. While in here during the two years, how do I look for work or look into schools? If I need to give my immigration number to employers does that alert anybody?

 

[747-captain]

Okay thanks. While in here during the two years, how do I look for work or look into schools? If I need to give my immigration number to employers does that alert anybody?

I've been told by the experts on here that they don't routinely ask for your PR card while seeking employment. You just have to provide your Social Insurance Number (which is the equivalent of our SSN here in the States). Hopefully you obtained one when you initially got your PR.

As far as attending college goes, I've seen some college websites ask for a PR card to prove your "domestic" status. However, you could show them your expired card and see if they'll accept it. You could tell them that you're in the process of renewing it and that it takes a very long time (it does take a very long time in many cases - something like 18 months at times). Technically they should, because an expired PR card DOES NOT mean you've lost your PR status. In fact, at this moment in time you are still a PR. One only loses it when they begin revocation proceedings and a final determination is made. One thing to keep in mind is, do not under any circumstances discuss your RO status with anyone. It is none of their business! That is strictly between you and immigration.

If the schools try to give you a hard time, you could point them to the link below which clearly states that one does not lose PR status upon the expiry of the card (the 2 are totally unrelated):

http://www.cic.gc.ca/english/newcomers/about-pr.asp

Finally, I don't believe anyone other than an immigration official can ask about your residency status. In fact, no one else can even know for sure if you've violated your residency obligations or not! An expired PR card means nothing in these circumstances!

 

[Leon]

Thanks so much for the swift reply.

I might have to cross the border once more as all of my belongings are back in the states. Is it really that risky? Is it terrible to just not flaunt my expired card and show my passport instead? I imagine that isn't a good idea, though.

I don't know if anybody can tell you the odds of getting reported on entry but it does happen and if it happens to you, it's too late. I wouldn't risk it if it was my PR status on the line. Get someone to box up your important stuff and mail it to you in Canada. As for furniture etc. unless you have some really nice things, they might not be worth the moving costs. Consider to have someone sell them for you in the US and buy new stuff.

 

[Rob_TO]

Okay thanks. While in here during the two years, how do I look for work or look into schools? If I need to give my immigration number to employers does that alert anybody?

Hopefully you got a SIN back in 2009. Having a valid SIN is the only thing an employer should care about to employ you.

If you already got a SIN, you will need to check with Service Canada if it's been put to dormant status since it's been unused for so long. If it was put to dormant status, hopefully you can re-activate it with them easily. Not sure how easy/hard this will be with no PR card.

If you didn't get a SIN back in 2009, then you have a big problem as a valid PR card would be essential to applying for a brand new SIN from scratch (your old landing papers/COPR would be too old to use). So if you don't already have a SIN, you would need to remain in Canada 2 years without working for a Canadian employer which would be incredibly difficult.

For schools, as mentioned technically a PR card should not be required as PR card itself does not prove your PR status. However I imagine dealing with a random person at a school that are trained to accept certain documents, you may run into difficulties so might need to go through a few more steps with them.

 

[Leon]

I have heard from students in that situation that it's a hassle every term. The school asks for a valid PR card, otherwise threatens to charge them international fees and they have to find a way around this.

 

[algdantes]

I have heard from students in that situation that it's a hassle every term. The school asks for a valid PR card, otherwise threatens to charge them international fees and they have to find a way around this.

TOTALLY agree with this! It happened to a lot of my friends in Canada, specially in "those" slightly shady money-making schools. They'll do anything to get you to pay more than you should.

 

[keesio]

Yeah the schools love foreign students so they can change them the inflated tuition fees