PR Card and Extension with 1.5 years left for RO

[shenanigans]

Hi,
I softlanded 2022 Jan but the border agent refused to issue me the PR card ( in error) saying I won't get one since I dont intend to move immediately.
Now I have 1.5 years left and have a COPR in my passport. I asked from a immigration lawyer what to do and she said
a) I can apply for a PR Card but it has to be done from within Canada and it will take a petition for explaining my non-moving and I can get the replacement card for 5 years when I get the first one finally. I am not sure if this is how it works.
b) Has anyone entered Canada without meeting Residency Obligation in the last 6 months of the 5 year period and successfully petitioned for PR extension ( with valid reasons, I have a few)?

Any pointers on applying first PR card will be greatly appreciated.

Thanks!

 

[YVR123]

Whatever partition you mentioned don't exist. And there is no PR extension.

If you can cross the border (possible through US land border) without being flagged for not meeting (or able to meet) your RO, you can then stay in Canada and wait till you meet your RO (2 years) and apply for a PR card. A new PR card doesn't "renew" your PR status. It's a new PR card that allows you to travel back to Canada as a PR. You still need to meet your RO (in the rolling 5 years or in your first 5 years if you are a new PR).

The lawyer likely mean that you could apply for PR card renewal without meeting your RO with and H&C reason (e.g. you are really sick and cannot travel or you have to stay back in your home country because your family is really sick and no one else can take care of them) .

If H&C is accepted, then you will get a PR card. But you still need to meet your RO to avoid being flagged if you cross the border back to Canada.

 

[scylla]

Hi,
I softlanded 2022 Jan but the border agent refused to issue me the PR card ( in error) saying I won't get one since I dont intend to move immediately.
Now I have 1.5 years left and have a COPR in my passport. I asked from a immigration lawyer what to do and she said
a) I can apply for a PR Card but it has to be done from within Canada and it will take a petition for explaining my non-moving and I can get the replacement card for 5 years when I get the first one finally. I am not sure if this is how it works.
b) Has anyone entered Canada without meeting Residency Obligation in the last 6 months of the 5 year period and successfully petitioned for PR extension ( with valid reasons, I have a few)?

Any pointers on applying first PR card will be greatly appreciated.

Thanks!

1) Yes, you need to submit the PR renewal application from within Canada.
2) You need to re-enter Canada either through a US/Canada land border or apply for a PRTD under H&C if you want to fly in from elsewhere. Note that since you don't meet RO, it's possible you may be reported by CBSA when you enter Canada for failing to meet RO. If that happens, you will need to appeal the loss of your PR status. If you are allowed in without being reported, the absolute best option is to then remain in Canada without leaving for 2 years and only then renewing your PR card. Of course you can try to renew under H&C however note that IRCC generally only accepts certain reasons under H&C. Employment reasons, education reasons, etc. are generally not accepted.

 

[canuck78]

Beware that obtaining things like a health card and drivers license may not be possible without a valid PR card. Given your situation it is a very bad idea to return when you are not compliant with your RO.

 

[shenanigans]

Beware that obtaining things like a health card and drivers license may not be possible without a valid PR card. Given your situation it is a very bad idea to return when you are not compliant with your RO.

Thanks for your input, I am not reading anywhere that a COPR in the Passport doesn't qualify for application for a Health Card or Driver's License. Ontario government website accepts COPR as proof of residency for Health Card. Even the DriverTest website outlines COPR as valid proof of residency https://drivetest.ca/licences/acceptable-id-documents/

 

[armoured]

Thanks for your input, I am not reading anywhere that a COPR in the Passport doesn't qualify for application for a Health Card or Driver's License. Ontario government website accepts COPR as proof of residency for Health Card. Even the DriverTest website outlines COPR as valid proof of residency https://drivetest.ca/licences/acceptable-id-documents/

They will accept them for the initial period after landing. Because the COPR has a validity date in it, most organizations won't accept them after about a year. I don't know of any way to confirm this in advance, but I would not rely on that document/link in this respect.