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Oath received, PR card expired, PRTD not eligible - any advice please?

pxu061

Member
Aug 14, 2023
18
0
Hi everyone:

Here's my situation:
1) Currently outside of Canada and received oath invitation;
2) PR card has expired since May 2023;
3) PRTD not eligible because I didn't meet RO (family reason, accompany my mom who got untreatable disease..);
4) Applied for PR renewal back in March 2023, submitted additional info upon request in July 2023. MP said my PR application is non-routine but "the eligibility assessment has been successfully passed. The office is currently actively working on processing your application ".

I am considering about entering through land border with landing paper and other supporting docs (oath invitation, mom's pictures, MP's email) etc.

I'd really appreciate if anyone could give me guidance on 1) whether the plan to enter through land border is feasible and if there's anything I need to be aware of; 2) is there any other method / alternative?

Thank you!

P.S. My intention is to come back to Canada after everything.
 

canuck78

VIP Member
Jun 18, 2017
53,252
12,855
Hi everyone:

Here's my situation:
1) Currently outside of Canada and received oath invitation;
2) PR card has expired since May 2023;
3) PRTD not eligible because I didn't meet RO (family reason, accompany my mom who got untreatable disease..);
4) Applied for PR renewal back in March 2023, submitted additional info upon request in July 2023. MP said my PR application is non-routine but "the eligibility assessment has been successfully passed. The office is currently actively working on processing your application ".

I am considering about entering through land border with landing paper and other supporting docs (oath invitation, mom's pictures, MP's email) etc.

I'd really appreciate if anyone could give me guidance on 1) whether the plan to enter through land border is feasible and if there's anything I need to be aware of; 2) is there any other method / alternative?

Thank you!

P.S. My intention is to come back to Canada after everything.
Were you in Canada in March 2023 when you applied for PR card renewal! The fact that you hadn’t met your RO typically leads to vey long processing times. Most people don’t apply if they haven’t met their RO and you hadn’t applied when they you had returned to Canada on a permanent basis so tough to say what processing time will be like. How many days had you spent in Canada during the last5 years when you applied for PR card renewal? How many days have you spent in Canada in the past 5 years now? You can attempt to enter Canada now without being reported. You original PR card renewal will continue to be processed. Do you plan on remaining in Canada on a permanent basis now?
 
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scylla

VIP Member
Jun 8, 2010
93,609
20,917
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi everyone:

Here's my situation:
1) Currently outside of Canada and received oath invitation;
2) PR card has expired since May 2023;
3) PRTD not eligible because I didn't meet RO (family reason, accompany my mom who got untreatable disease..);
4) Applied for PR renewal back in March 2023, submitted additional info upon request in July 2023. MP said my PR application is non-routine but "the eligibility assessment has been successfully passed. The office is currently actively working on processing your application ".

I am considering about entering through land border with landing paper and other supporting docs (oath invitation, mom's pictures, MP's email) etc.

I'd really appreciate if anyone could give me guidance on 1) whether the plan to enter through land border is feasible and if there's anything I need to be aware of; 2) is there any other method / alternative?

Thank you!

P.S. My intention is to come back to Canada after everything.
Your situation is complicated.

You can certainly fly to the US and re-enter Canada from the US.

If you want to fly directly to Canada, then you would need to apply for a PRTD under H&C. However it's hard to comment on chances of approval and I don't know how much time you have before you need to be in Canada. So this may not be an option.

The other potential issue is that you have to continue to meet the residency obligation for PR until you take the citizenship oath. If your PR card application is on hold, I think there's a good chance that may impact your ability to take the oath. Generally speaking, IRCC will want the PR residency obligation issue to be resolved before they will allow you to take the oath.

Did you meet the residency obligation at the time you applied to renew your PR card?

Wait for others to comment.
 
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pxu061

Member
Aug 14, 2023
18
0
Were you in Canada in March 2023 when you applied for PR card renewal! The fact that you hadn’t met your RO typically leads to vey long processing times. Most people don’t apply if they haven’t met their RO and you hadn’t applied when they you had returned to Canada on a permanent basis so tough to say what processing time will be like. How many days had you spent in Canada during the last5 years when you applied for PR card renewal? How many days have you spent in Canada in the past 5 years now? You can attempt to enter Canada now without being reported. You original PR card renewal will continue to be processed. Do you plan on remaining in Canada on a permanent basis now?
When I applied in March 2023, yes, I met the eligibility, maybe around 745 days. So a bit more than the 730 day requirement. And yes, I was in Canada.
From today tracking back 5 years, I'd say roughly 520 days?
For near future yes, on a permanent basis. But not this time. This time I just wanted to take the oath, which is my honest answer..
 

pxu061

Member
Aug 14, 2023
18
0
Your situation is complicated.

You can certainly fly to the US and re-enter Canada from the US.

If you want to fly directly to Canada, then you would need to apply for a PRTD under H&C. However it's hard to comment on chances of approval and I don't know how much time you have before you need to be in Canada. So this may not be an option.

The other potential issue is that you have to continue to meet the residency obligation for PR until you take the citizenship oath. If your PR card application is on hold, I think there's a good chance that may impact your ability to take the oath. Generally speaking, IRCC will want the PR residency obligation issue to be resolved before they will allow you to take the oath.

Did you meet the residency obligation at the time you applied to renew your PR card?

Wait for others to comment.
Thank you! I think you raised a good point.
After my initial PR renewal took place, in July 2023, they asked me for additional info which I provided. And in August 2023, I received the oath invitation, which I delayed... So I assume the residency obligation for PR is cleared (which I know for a fact that I met the RO when I applied) Just as the MP as indicated?
 

scylla

VIP Member
Jun 8, 2010
93,609
20,917
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you! I think you raised a good point.
After my initial PR renewal took place, in July 2023, they asked me for additional info which I provided. And in August 2023, I received the oath invitation, which I delayed... So I assume the residency obligation for PR is cleared (which I know for a fact that I met the RO when I applied) Just as the MP as indicated?
OK - so that is good news that you met RO at the time you submitted the application. I can't comment for sure on whether you've cleared eligibility.

However not good news that you don't meet it now since the requirement is to meet RO until you take the oath. I don't know if there's a chance this could impact you. Others will have to comment. I don't know the answer.
 
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canuck78

VIP Member
Jun 18, 2017
53,252
12,855
Thank you! I think you raised a good point.
After my initial PR renewal took place, in July 2023, they asked me for additional info which I provided. And in August 2023, I received the oath invitation, which I delayed... So I assume the residency obligation for PR is cleared (which I know for a fact that I met the RO when I applied) Just as the MP as indicated?
Are you aware that if living abroad you are often asked to come to Canada to pick up your new PR card and that time there is often a short interview where they verify that you are still compliant with your RO.
 
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pxu061

Member
Aug 14, 2023
18
0
Are you aware that if living abroad you are often asked to come to Canada to pick up your new PR card and that time there is often a short interview where they verify that you are still compliant with your RO.
Thanks for the info. I don't know that. But if that's case then I am screwed.
 

canuck78

VIP Member
Jun 18, 2017
53,252
12,855
Thanks for the info. I don't know that. But if that's case then I am screwed.
Did your mother get diagnosed with the serious medical condition right before you left Canada and can you prove that you returned to your keen interest to be her caregiver? Are there any other family member who live in her home country? Won’t necessarily solve the issue but may help. Are you your mother’s primary caregiver? Are you living together? Do you have siblings? Is your mother married? Are you working in wherever you are living? After how many days did you apply for citizenship and how soon after hitting 1095 days did you leave? If you are able to show that you have returned to live in Canada on a permanent basis that also helps when it comes to overlooking a shortfall in RO due to H&C reasons.
 
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pxu061

Member
Aug 14, 2023
18
0
Did your mother get diagnosed with the serious medical condition right before you left Canada and can you prove that you returned to your keen interest to be her caregiver? Are there any other family member who live in her home country? Won’t necessarily solve the issue but may help. Are you your mother’s primary caregiver? Are you living together? Do you have siblings? Is your mother married? Are you working in wherever you are living? After how many days did you apply for citizenship and how soon after hitting 1095 days did you leave? If you are able to show that you have returned to live in Canada on a permanent basis that also helps when it comes to overlooking a shortfall in RO due to H&C reasons.
Thanks for the advice. Yea I applied for citizenship in 2020 so it has been a while... The caregiver reason s a def an argument point. I am just thinking what type of documents should I bring. Might even bring pictures to show her condition..
 

scylla

VIP Member
Jun 8, 2010
93,609
20,917
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for the advice. Yea I applied for citizenship in 2020 so it has been a while... The caregiver reason s a def an argument point. I am just thinking what type of documents should I bring. Might even bring pictures to show her condition..
Bring documents such as letters from doctors, treatment records, and hospitalization records.

Don't bring pictures. Pictures won't help at all. They don't show the duration of the illness or even who is in the picture.
 
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canuck78

VIP Member
Jun 18, 2017
53,252
12,855
Thanks for the advice. Yea I applied for citizenship in 2020 so it has been a while... The caregiver reason s a def an argument point. I am just thinking what type of documents should I bring. Might even bring pictures to show her condition..
As already mentioned you must show proof that you left Canada because your mother was diagnosed with a serious health issue that required you to be in your home country and then proof that your mother was severely ill the whole time you were abroad which prevented you from returning to Canada and meeting your RO. Proof of when she was diagnosed, why she required you to be with her (proof no other family member lived in the same areas as she did), receipts from hospitals stays and doctors throughout the time abroad, proof that you were not working and were with your mother all day, etc. How many days had you been in Canada before claiming citizenship and how soon did you leave after that? Did you leave your belongings in Canada? If you left abruptly to be with your mother for health reason then normally you would still have a home and items left in Canada for at least a period of time assuming you would return. You may have also taken a leave from your job to be a caregiver and then eventually quit. It appears as though you might have left because you misunderstood the rules to qualify for citizenship and not due to your mother’s severe health issue.