PR card already expired 2 years and less than 2 years residence. Can I appeal?

[Jessie21]

I just been to Canada for a short 10 days visit in 2005.

At that time I and my partner( now my husband) were working in the UK. Then we both got the High Skilled Migrant Programme of UK.

We came back to our country in 2006, and I gave the birth of my son in 2007. My boy was suffering from asthma from less than I year old. Thinking of Canada is a cold place which would easily cause asthma, we gave up the trip of Canada.

Now he is more than 5 years old, good enough to cope with the cold weather. We are wondering is it posible for me to renew my PR card under this reason and take my son to live in Canada?

PS: I got my PR card when I was single. So. only me have PR card.

Thanks for any advice.

 

[Leon]

You could apply for a travel document stating your reasons for not being able to meet the residency requirements but I think you have a weak case. Do you have a doctors report about your child telling you that you should not move because of the weather? If you do, that might help. However, there are a lot of people in Canada who cope with asthma just fine inspite of cold weather.

 

[Jessie21]

Thanks Leon!
I know this may not easy. If I have all this documents, how should I begin the process? Why do I need to apply the travel document? Do I have to appeal inside Canada?

 

[Leon]

Are you visa exempt to Canada? If you are not, the airline will require a travel document in order to allow you to fly. You apply for a travel document through a Canadian embassy, see http://www.cic.gc.ca/english/information/applications/travel.asp

If you are visa exempt, you could fly to Canada and show your expired PR card and other documents when you enter through immigration. They could report you for not meeting the residency requirements which would mean you have to appeal for your PR or they might not which would leave you in Canada as a PR without meeting the requirements.

If they report you and you have to appeal for your PR, you would be pretty much in the same situation as if you had applied for a travel document from your home country.

If you get in without being reported, you would have two options. 1) You could stay in Canada for 2 years until you meet the requirements again and then apply to renew your PR card and sponsor your family or 2) You could apply to renew your PR card right away based on your circumstances which would put you in pretty much the same shoes as appealing or applying for a travel document except for the fact that PR renewal is not well equipped to deal with human and compassionate grounds and you would be waiting for this renewal for a very long time, possibly even the 2 years you would otherwise have waited to apply. Another downside is that if you were really planning on doing this, you might not see your spouse and child for a long time. They have no status in Canada until you sponsor them and if you do not meet the residency requirements yourself, you can not sponsor them unless you have been granted a travel document or have won an appeal which would mean that your absence is more or less forgiven.

Another problem which might come up is whether you and your husband were in a common law relationship when you gained your PR. If you had been living together as a couple for 12 months or longer before you landed as a PR, he would have been considered your common law partner and you should have added him to your application. Not doing that would be considered misrepresentation which is serious business.

 

[Jessie21]

So, I have to do all these inside Canada? Can I appeal from outside Canada?

 

[Jessie21]

So, I have to do all these inside Canada? Can I appeal from outside Canada?

I am also planning to apply a new PR Card under PNP. Can I do both at the same time, applying the new one and appeal my old one?

 

[Msafiri]

I am also planning to apply a new PR Card under PNP. Can I do both at the same time, applying the new one and appeal my old one?

No you can't apply for PR when you hold PR status. Your luck so far is that Canadian authorities don't know you don't meet the Residence Obligation (RO) which requires you to have 730 days of physical presence in Canada in every rolling 5 year period counted from the date you landed (not date issued PR Card).

As Leon has explained your options depending on your nationality are to either apply for a Travel Document (TD) or travel to Canada and take your chances at the border hoping that the agent does not report you for the RO breach as per Second 44 of the IRPA. Being reported is the formal start of your PR revocation. You can appeal but sorry no dice your case is weak.

Another border option is to use a US/ Canada land crossing if you can get a US Visa. Did you apply/ acquire ILR or British Citizenship through the HSMP scheme?

If you get into Canada via the 'take your chance at the border route' without being reported then you can't deal with immigration for 2 years so no sponsorship of family. I think your chances of getting a TD are slim to none.

I guess you want to be with your family so if eligible for PNP route relinquish your PR and apply a second time.

Good luck

 

[Jessie21]

Thank you all.
I guess I should probably apply again for a new one. Luckly, I am not too old to do this.