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Need Urgent advice - PR Renewal

Leon

VIP Member
Jun 13, 2008
21,950
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Job Offer........
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yarasim said:
Hi,
My PR card was expired in sep.2010. Last in Canada was Dec. 2008. Currently live in Bermuda. Planning on returning. Anyone can give me advise.
Do you still meet the RO (residency obligation)? You obviously weren't in Canada 2 out of the past 5 years but if you were accompanying a Canadian spouse or posted to a full time position abroad by a Canadian employer, you might still meet it. If this is the case, you can return if you are visa exempt or apply for a travel document at a Canadian embassy if you aren't. You shouldn't have a problem.

If you don't meet the RO, your chances of keeping your PR depend on your reasons for not meeting the RO. Acceptable reasons may include family problems and medical problems. Something like taking care of a dying relative would be a strong reason. Financial problems, education reasons or job reasons would be unlikely to be accepted.

If you think you have good reasons or want to take your chances, the following applies:

1. Are you visa exempt to Canada? If you are, get on a plane and come on over. You will have to deal with immigration when you get here where one of two things may happen:

1a. The immigration officer decides not to report you for not meeting the RO (residency obligation) and you are allowed entry. In this case, you should lay low, wait for 2 years to pass and then you will meet the RO again and can apply to renew your PR card without a problem.

1b. The immigration officer decides to report you in which case, you have two options. One is accept the loss of your PR and ask them to allow you to enter on a visit visa, the other is to appeal their decision in which case you may stay in Canada while they work on your appeal which can take 1-2 years. In this case, you may apply to renew your PR card based on being under appeal but they will only give you a card that is valid for 1 year. However, to maximize your chances with the appeal, you should stay in Canada. Ultimately winning the appeal will depend on your reasons for not meeting the RO but if you leave Canada again, you will have shown you are not ready to settle in Canada now which will not help you win your case.

2. You are not visa exempt to Canada but do you have a US visa or can you get one? If the answer is yes, you can try going to the US and try entering at the land border, showing your expired card. Again, you will have the same possible outcomes as 1a. and 1b.

3. You are not visa exempt to Canada and you don't have a US visa and you can't get one. In this case, what remains for you is a travel document. You would apply for that at the Canadian embassy in your country or which is responsible for your country. You will list your reasons for why you could not meet the RO and they will decide if they will let you return to Canada or not. If they give you a travel document, you can return to Canada and keep your PR. If they don't, you can appeal but if you lose the appeal, you will officially lose your PR.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
yarasim said:
Hi,
My PR card was expired in sep.2010. Last in Canada was Dec. 2008. Currently live in Bermuda. Planning on returning. Anyone can give me advise.
Apply for a Permanent Resident Travel Document? Because you have provided so little information, that is the only official method.
 

mitali

VIP Member
Sep 7, 2008
3,251
474
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Pre-Assessed..
yarasim said:
Hi,
My PR card was expired in sep.2010. Last in Canada was Dec. 2008. Currently live in Bermuda. Planning on returning. Anyone can give me advise.
Unfortunately, you have lost your PR status. You can return as a visitor or reapply to gain PR status.

Mitali