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Meeting Residency Obligation as a minor and a student.

Sid15_

Newbie
Jul 17, 2018
4
0
Hi I am a Permanent Resident Of Canada since May 2015 and my card is valid till August 2020. I stayed for 2 months (may, june) in 2015 and then came back to India and now in 2018, I again stayed for 2 months( May, june) but I have to again go back to India until June 2020 to complete my Grade 12. I am a minor of 16 years right now. Can I come back 2 months prior to the expiration of my PR card and then complete the residency obligation of 20 months left and then apply for a new PR card or should I right away apply in 2020 so that I can travel outside Canada without being forced to stay for 2 years continuously. I have to enroll in a bachelors degree as well so keeping that in mind should I have a valid PR card ? My parents along with me stay in India and their residency obligation is also similar to me. I will be really thankful to you if you can assist me in this.
 

Bs65

VIP Member
Mar 22, 2016
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If you apply to renew 2 months before your card expires without meeting the RO then chances are your PR status could be revoked. This assumes that you are not reported on entering the country in 2020 for failing the RO leading to your PR status being revoked anyway depending how they view in either case your position as a minor since 2015.

If you enter successfully in 2020 you should stay put without leaving and only renew when you have met the RO. Also remember that after the initial 5 years, the 5 years becomes a rolling 5 years where the RO is assessed on each new entry to Canada so from 2020 onwards any residency credit since 2015 starts to fade away.

Also keep in mind without a valid PR card you will need a PRTD to travel back to Canada should you leave at any time, without meeting the RO this could also risk your PR status being revoked.

As a minor there is a remote chance you could put together an H&C case that you failed RO due to being a minor and apply to renew on that basis same for a PRTD if required. After 2020 based on your post you would be 18/19 so as an adult the RO would be on you from then on.

You will need to check directly with the university what their requirements are as far as demonstrating PR residency if not a valid PR card whether a COPR is an alternative. They will only be interested that you are a PR not that you meet RO.
 
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Sid15_

Newbie
Jul 17, 2018
4
0
If you apply to renew 2 months before your card expires without meeting the RO then chances are your PR status could be revoked. This assumes that you are not reported on entering the country in 2020 for failing the RO leading to your PR status being revoked anyway depending how they view in either case your position as a minor since 2015.

If you enter successfully in 2020 you should stay put without leaving and only renew when you have met the RO. Also remember that after the initial 5 years, the 5 years becomes a rolling 5 years where the RO is assessed on each new entry to Canada so from 2020 onwards any residency credit since 2015 starts to fade away.

Also keep in mind without a valid PR card you will need a PRTD to travel back to Canada should you leave at any time, without meeting the RO this could also risk your PR status being revoked.

As a minor there is a remote chance you could put together an H&C case that you failed RO due to being a minor and apply to renew on that basis same for a PRTD if required. After 2020 based on your post you would be 18/19 so as an adult the RO would be on you from then on.

You will need to check directly with the university what their requirements are as far as demonstrating PR residency if not a valid PR card whether a COPR is an alternative. They will only be interested that you are a PR not that you meet RO.
Thanks a lot Sir for your valuable advice. I am very obliged.
I have some questions in mind :
1. Is it possible for me to come back to Canada with the valid PR card in 2020 ( Before August) and then apply for PR card renewal with the help of H&C case. By doing this PRTD will not be required.
2. If possible, How much time will it take to get my renewed PR card on H&C grounds as I will already be in Canada that time?
 

canuck78

VIP Member
Jun 18, 2017
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Do you have H&C grounds? If you get approved you would still have to meet the 2 out of 5 rule but you are planning on doing a bachelor degree in India that would be 4 years. PR renewal under H&C might take a year and isn't the smartest thing to do if you plan to do bachelors in India.
 

Sid15_

Newbie
Jul 17, 2018
4
0
Do you have H&C grounds? If you get approved you would still have to meet the 2 out of 5 rule but you are planning on doing a bachelor degree in India that would be 4 years. PR renewal under H&C might take a year and isn't the smartest thing to do if you plan to do bachelors in India.
I am planning to complete my Grade 12 here in India and then enroll for the bachelors in Canada. Can I apply for PR card renewal on the basis of H&C after returning back to Canada before the expiration date of my PR card?
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
I am planning to complete my Grade 12 here in India and then enroll for the bachelors in Canada. Can I apply for PR card renewal on the basis of H&C after returning back to Canada before the expiration date of my PR card?
Ok now that your situation is clear you should try to enter as soon as possible ALONE after you graduate from high school. Then you should stay in Canada for 2 years without leaving. If you are reported at the border you can claim H&C because you were removed as a minor. That is the best chance of keeping your PR. Your parents should enter separately from you because their chances of being reported and not retaining their PR are much higher. If they manage to enter without being reported they must stay for 2 years and then file to renew PR. Although we talk about 2 years it really ends up being 3 years with PR renewal and likely secondary review. You will also need to check with a university because some require a valid PR card. Also be careful you are not counting correctly. You will have to stay at least 22 months to renew your PR. Your stay at the beginning will no longer count. You need to be ok living in Canada without your parents if they have their PR revoked. You will only have stayed in Canada for2 months when you enter Canada in 2020.
 
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Sid15_

Newbie
Jul 17, 2018
4
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Ok now that your situation is clear you should try to enter as soon as possible ALONE after you graduate from high school. Then you should stay in Canada for 2 years without leaving. If you are reported at the border you can claim H&C because you were removed as a minor. That is the best chance of keeping your PR. Your parents should enter separately from you because their chances of being reported and not retaining their PR are much higher. If they manage to enter without being reported they must stay for 2 years and then file to renew PR. Although we talk about 2 years it really ends up being 3 years with PR renewal and likely secondary review. You will also need to check with a university because some require a valid PR card. Also be careful you are not counting correctly. You will have to stay at least 22 months to renew your PR. Your stay at the beginning will no longer count. You need to be ok living in Canada without your parents if they have their PR revoked. You will only have stayed in Canada for2 months when you enter Canada in 2020.
Thanks a lot for your expert guidance. Yes 22 months after returning and afterwards the time for the Renewed PR card to come. I will enter Canada while my PR card will be valid to avoid other conflicts. The only question I am left with is that instead of waiting for 2 years can I apply for PR card renewal on H&C grounds while staying in canada? Is there a chance of PR being revoked ? If not then this will help me move freely as I will have a valid PR card.
 

vensak

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Thanks a lot for your expert guidance. Yes 22 months after returning and afterwards the time for the Renewed PR card to come. I will enter Canada while my PR card will be valid to avoid other conflicts. The only question I am left with is that instead of waiting for 2 years can I apply for PR card renewal on H&C grounds while staying in canada? Is there a chance of PR being revoked ? If not then this will help me move freely as I will have a valid PR card.
You do misunderstand.
A valid PR card by itself does not mean that you will not have problems entering Canada (they have to let you in, but they can report you if you do not meet RO). The only thing that one will do is, that you will not have problems to board the plane.

So forget about your PR card validity and focus on your days in Canada past 5 years (and in case you got PR in less than 5 years ago, you need to check days spent and potential days you can still spend in Canada during your first 5 years).

So if you want to avoid problems you need to enter so that you can meet the RO.
 

Buletruck

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May 18, 2015
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The only question I am left with is that instead of waiting for 2 years can I apply for PR card renewal on H&C grounds while staying in canada?
I don't believe you actually renew your PR card on H&C grounds. You actually just apply to renew it. On the form it asks for absences outside of Canada and the reasons. I would include your being removed as a minor (along with a detailed explanation). They either accept it or not. If it isn't accepted, that's when you appeal based on H&C grounds.