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How to renew PR Expired in Sept 2013 without meeting PR Obligations.

J

Jack222222

Member
Mar 8, 2013
13
0
Sir/madame,
I did my landing in Oct 2008, stayed for about 15 days and returned to Middle East.
My son had a medical condition wherein he had to undergo 2 surgeries 6 months apart. the entire procedure
along with treatments and follow-ups took around 2 years. My son also had to undergo 6 monthly eye test for poor eye vision.
Simultaneously, in between 2010-13 I completed my specialized degree in business to
support my career, while i kept working and earning.
My family(Spouse &, Son -7 yr) are in better position to move to canada permanently for good.

How do i proceed with expired PR and not having met the PR obligations.
Please advise. Need your reply inorder to start the process.
Thanking in advance.
 
Your son's medical condition may cover you for 2 years but your decision to study outside Canada is not a good excuse for not meeting the residency requirements. In order to appeal for your PR, you should apply for travel documents, stating your reasons why you could not meet the requirements as well as proof.

If immigration finds your reasons acceptable, they will give you travel documents and you can return to Canada and apply to renew your PR cards. If not, you will lose your PR. You can appeal but with no new info, you will most likely lose the appeal too. If they want to revoke your son's PR, you should appeal for him though because he is a minor removed from Canada and not revoking his PR officially would give him the chance to apply for a travel document and return to Canada when he turns 18.

If you lose your PR but you still qualify to apply, you can also apply for PR again.
 
Mr. Leon,

Thank you very much for your advise.
Our PR expired on 30Sept 2013. Therefore, do i apply for PR renewal or do i apply directly for Travel document on
Health & Compassionate grounds?
 
The proper way to return to Canada if you are outside without a valid PR card is to apply for a travel document.

A PR renewal application should originate inside Canada. Although it is not a set in stone requirement that you are in Canada yourself, you need to have someone mail it from inside Canada for you and you need to provide a Canadian address for correspondence. Further, as you live outside Canada, even if they do renew your PR card, they would likely not mail it but request that you pick it up in person in which case, you would still need a travel document in order to do that.
 
Mr. Leon,

Technically speaking, if we receive the travel document, does it imply that PR renewal is almost guaranteed?
The reason am asking is that, we intend to completely close shop including our jobs inorder to settle down for good in canada.
My fear is that, while we take the final step in moving after receiving the TD, we would not like to be in a state of shock
if at all the PR is not renewed, and asked to go back.

Hope i am not testing your patience, please bear with me.
 
Jack222222 said:
Mr. Leon,

Technically speaking, if we receive the travel document, does it imply that PR renewal is almost guaranteed?
The reason am asking is that, we intend to completely close shop including our jobs inorder to settle down for good in canada.
My fear is that, while we take the final step in moving after receiving the TD, we would not like to be in a state of shock
if at all the PR is not renewed, and asked to go back.

Hope i am not testing your patience, please bear with me.
Click to expand...

The TD will let you enter. As far as I know, when a visa office has made the decision that you have H&C grounds and gives you a TD, immigration will go by that and renew your PR card.
 
You are covered for the duration of the treatment the hard sell will be post treatment i.e 2010-2013. Try get US visas and cross into Canada via a land border with a non commercial vehicle. You stand much better odds than a TD application - the ME visa posts play hardball due to the many 'stories' they get from PRs residing in the area...they know all about the tax free incomes many are reluctant to give up...expect TD review to focus heavily on your job situation!
 
Msafiri said:
You are covered for the duration of the treatment the hard sell will be post treatment i.e 2010-2013. Try get US visas and cross into Canada via a land border with a non commercial vehicle. You stand much better odds than a TD application - the ME visa posts play hardball due to the many 'stories' they get from PRs residing in the area...they know all about the tax free incomes many are reluctant to give up...expect TD review to focus heavily on your job situation!
Click to expand...

I disagree with this advise---if the OP and his family wrap up from the ME with the intention of moving and are not allowed entry into Canada or reported and then lose their PR-they will be in a lot of trouble with nowehere to go
 
txboyscout said:
I disagree with this advise---if the OP and his family wrap up from the ME with the intention of moving and are not allowed entry into Canada or reported and then lose their PR-they will be in a lot of trouble with nowehere to go
Click to expand...

It's a risk all option but if they can prove, even with expired cards, that they are PR, the immigration officers have to let them in but they will probably report them on entry for not meeting the RO. They will have problems getting signed up for health care, getting a drivers license and possibly even getting a job without a valid PR card. Their appeal for their PR will take 12-18 months and in the end, if they are denied, they would have to leave. However, the chances of keeping their PR with this method are probably better than with a TD.
 
txboyscout said:
I disagree with this advise---if the OP and his family wrap up from the ME with the intention of moving and are not allowed entry into Canada or reported and then lose their PR-they will be in a lot of trouble with nowehere to go
Click to expand...

I think closing shops and quitting jobs would be way too risky. Even if they can eventually stay in Canada while waiting for hearing, the chance of winning would be close to nil, and they will have to leave again if they lose. The best way, IMO, would be to try to gain entry to the States, then try to enter Canada via land. If they can enter without getting reported, then they can start thinking of wrapping up business and quitting Middle East jobs from Canada (and try their best not to leave the country at all for 731 days).
 
txboyscout said:
I disagree with this advise---if the OP and his family wrap up from the ME with the intention of moving and are not allowed entry into Canada or reported and then lose their PR-they will be in a lot of trouble with nowehere to go
Click to expand...

Jack222222 said:
.......My family(Spouse &, Son -7 yr) are in better position to move to canada permanently for good.
How do i proceed with expired PR and not having met the PR obligations.
Please advise. Need your reply in order to start the process. Thanking in advance.
Click to expand...

I'm going with the OPs statement...the forum is replete with people showing up at the US/ Canada land border and getting a pass on RO breach and replete with those getting bounced for TDs at visa posts...when you play roulette with the RO this is what happens. OP has mitigating circumstances but needs to convince the visa post why he did not relocate post treatment! There is always the option of either the OP or spouse risking an entry and if they make it then deal with the other person re-entering including the option of sponsorship. Last but not least regardless of entry today or tomorrow the OP has to live in Canada to maintain the RO - he can't keep avoiding the move unless he accepts loss of status.
 
What they are willing to risk depends on how much they want to keep their PR's. If it's like "meh, nice to have but whatever", obviously they should not risk their jobs but apply for a TD from outside and see what happens.

However, if the PR is very important to them, they might be willing to take the risk and try the border even if it means getting reported, waiting for an appeal for months and then possibly having to leave again or if they don't get reported, then sticking it out in Canada for 2 years without a card.

It is an option but if the PR was really that important to them, surely they would have made arrangements to return sooner?
 
Thank you Gentlemen,

From the comments posted i understand that the chances of being reported even after getting TD on H&C grounds is still high.
if we make a move i would like to go along with my family for good. If i am reported i would not like to stay with the sword hanging over my head, with chances of having to leave the country.

Is it possible i can make a fresh application for immigration.
Please advise when can i apply, is it 6 months after expiry of PR cards??
 
Jack222222 said:
Thank you Gentlemen,

From the comments posted i understand that the chances of being reported even after getting TD on H&C grounds is still high.
if we make a move i would like to go along with my family for good. If i am reported i would not like to stay with the sword hanging over my head, with chances of having to leave the country.

Is it possible i can make a fresh application for immigration.
Please advise when can i apply, is it 6 months after expiry of PR cards??
Click to expand...

If you get a TD based on H&C grounds, I think it is unlikely that you would be reported on entry as the visa office will already have looked into your case and decided that you had good reasons and should keep your PR.

If you want to apply for PR again from scratch, you need to officially lose your old PR first. If you apply for a travel document and are refused, you will lose your PR in about 60 days if you don't appeal. Then you can apply fresh. You should however take a look at the CIC website to see if you still qualify. The immigration classes may have changed since you applied the last time.

You can start reading here: http://www.cic.gc.ca/english/immigrate/apply.asp
 
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