PR card expired

[patdelun]

Dear,

our Pr crad expires soon, we have been living outside Canada for 1500 days and do not
meet residency obligation of 730 days. We are planning to go back to Canada foor good and plan to enter Canade before PR card expires.
As of what I understood we can entre and our PR status is not lost, we just have to wait for renewal our PR card until we meet the 730 days in a 5 year period. What are the risk that while entering Canada, that the immigration officer will report the fact we have not met the obligations? ( especially if we have household to declare)? If they report we can appeal and maybe that appealing period is enough to cath up about 600 days we still have left to meet the obligations.
2 i am also wondering while living in canada with expired PR and not being able to apply a new PR card, how coudl i travel back Europe in case an emergeny happen with parents? I can leave Canada but not enter anymore?
3 Could this cause problems for my child entering a school?

thanks in advance for the help on this matter

 

[scylla]

Dear,

our Pr crad expires soon, we have been living outside Canada for 1500 days and do not
meet residency obligation of 730 days. We are planning to go back to Canada foor good and plan to enter Canade before PR card expires.
As of what I understood we can entre and our PR status is not lost, we just have to wait for renewal our PR card until we meet the 730 days in a 5 year period. What are the risk that while entering Canada, that the immigration officer will report the fact we have not met the obligations? ( especially if we have household to declare)? If they report we can appeal and maybe that appealing period is enough to cath up about 600 days we still have left to meet the obligations.
2 i am also wondering while living in canada with expired PR and not being able to apply a new PR card, how coudl i travel back Europe in case an emergeny happen with parents? I can leave Canada but not enter anymore?
3 Could this cause problems for my child entering a school?

thanks in advance for the help on this matter

Yes - there is a risk you will be reported at the border for failing to meet the residency requirement. If your PR card has expired by the time you travel, you will not be able to fly to Canada directly. You will have to fly to the U.S. and then try to re-enter Canada through a land border crossing.

If you are reported at the border and your PR status is revoked for failing to meet the residency obligation - no, the time you live in Canada during the appeal period will not be counted towards the residency requirement. Your appeal will be assessed based on the number of days you had when you entered Canada.

There is no provision for emergencies. If you are able to re-enter Canada without being reported, then you want to remain in Canada for 2 years without leaving to try to save your PR status and be able to apply for a new PR card. If you have to leave Canada for an emergency, then you will have to return through the US and try to re-enter Canada through a land border again without being reported

 

[canuck78]

Also some school boards require valid PR cards. If I remember correctly BC is one area especially in areas surrounding Vancouver. You have to check with your local school board. Getting a health card can also be hard without a valid PR card. You were supposed to inform the provincial health authority of your absence when you left Canada if you had health cards before. There are residency requirements when it comes to healthcare so you will have to restart any waiting periods.

 

[patdelun]

Thank you for answering. as concernning the health card, when i left Canada I called Health department on wether i should mention if i should leave but they said that i did not need to. So I guess if i return before the expiry date than i am still under the health program. If i am not reported i still thought i can wait untill i meet 730 days to meet resident obligations before apply a new PR card. An expired PR card still means that you still have the resident status with all rights , as health etc. attached to it.

 

[scylla]

Thank you for answering. as concernning the health card, when i left Canada I called Health department on wether i should mention if i should leave but they said that i did not need to. So I guess if i return before the expiry date than i am still under the health program. If i am not reported i still thought i can wait untill i meet 730 days to meet resident obligations before apply a new PR card. An expired PR card still means that you still have the resident status with all rights , as health etc. attached to it.

Yes - that's right. Note that since you've been outside of Canada for a long time and don't currently meet the residency requirements for health care, you'll need to wait three months after arriving back in Canada before using your health card. You'll want to purchase private insurance to cover emergencies for the first three months - you'll most likely need to pay for non-emergency care out of pocket.

 

[patdelun]

Thanks , thats really usefull info.
I am concerned that if we arrive and have our shipped household declared that they will check if we meet resident obligation, if they see we do not, then they will report us. I was hoping to be able to appeal the possibible revoking of PR card and wait about 600days until we do meet the resident obligations. Quit risky right?

 

[scylla]

Thanks , thats really usefull info.
I am concerned that if we arrive and have our shipped household declared that they will check if we meet resident obligation, if they see we do not, then they will report us. I was hoping to be able to appeal the possibible revoking of PR card and wait about 600days until we do meet the resident obligations. Quit risky right?

I'm not sure I understand what you are saying.

If you are reported for failing to meet the residency when you enter Canada, you cannot count any further days towards your residency requirement for the purposes of the appeal. Your days are locked in the day you arrive and are reported.

 

[dpenabill]

Thanks , thats really usefull info.
I am concerned that if we arrive and have our shipped household declared that they will check if we meet resident obligation, if they see we do not, then they will report us. I was hoping to be able to appeal the possibible revoking of PR card and wait about 600days until we do meet the resident obligations. Quit risky right?

Yes. There is a substantial RISK you will be examined at the PoE regarding compliance with the PR Residency Obligation.

Given the extent to which it appears you are in breach of the RO, IF there is such an examination there is similarly a substantial RISK you will be issued a 44(1) Report, followed by an interview (telephonically if not in person) with another officer who will also take into consideration any H&C reasons, and decide whether to issue a Departure Order or not. There is a substantial RISK that there will indeed be a Departure Order issued UNLESS you have persuasive reasons why you should be allowed to keep PR status to settle in Canada permanently.

If Reported at the PoE and issued a Departure Order, the Report is the decision terminating your PR status. It does not take effect immediately since you have the right to appeal. So you are allowed to enter Canada.

In this event, time in Canada after that day, the day the Report is issued, will NOT count toward RO compliance (unless you win the appeal and the Report is, in effect, set aside). That is, for purposes of the IAD hearing in the appeal, the calculation of days present in Canada will NOT include any days AFTER the Report was issued.

However, the IAD ordinarily takes presence in Canada, particularly if it shows actually settling in Canada permanently, into consideration in weighing H&C reasons.

Obviously, the main RISK is whether or not the PIL officer makes the referral to Secondary where a RO examination might take place. Best chance is the PIL officer (Primary Inspection Line officer) waving you through. If that happens, you can stay until you meet the RO. IN CONTRAST, if the PIL officer makes the Secondary Immigration referral, the RISK of being reported gets a lot higher.

As you apprehend, importing household goods means a referral to Secondary for Customs purposes anyway, so that might increase the RISK of also being examined as to the RO by Secondary Immigration officers. But it might also indicate to the officers an intention to settle in Canada sufficient for them to be lenient and wave you through.

Odds are probably NOT good, but it is very difficult to quantify the odds . . . other than acknowledging there is at least a very substantial RISK.

 

[canuck78]

Can't find what province you are returning to.


If Ontario:
Away for more than seven months
If you plan to be outside Canada for more than seven months in any 12-month period you can keep your OHIP coverage for up to two years if you:

• have a valid health card
• make Ontario your primary home
• will be in Ontario for at least 153 days a year in each of the two years immediately before you leave the country

Before you leave, take the following items to the nearest ServiceOntario centre to make sure your OHIP coverage stays active:

• your health card
• proof of residency (e.g. mortgage, lease or rental agreement, property tax bill, valid driver’s licence)

Reapplying for OHIP
If you’ve been out of Ontario for more than 212 days in any 12‑month period, you may have to reapply for OHIP. Contact ServiceOntario to be sure.

If you have to reapply, please bring the following to ServiceOntario:

• completed application form
• three original documents from the OHIP document list

 

[patdelun]

Does anyone know it when entering canada again and declaring household items (shipment) that import taxes has to be paid?