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PR card Expires before the 730 days required

hinavin

Hero Member
Dec 2, 2010
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Canada
Category........
FAM
Visa Office......
Mississauga, Ontario Canada
The CIC website speaks to paper based application form for renewal of PR Card. Is there any option of applying Online as well? I did note the payment of the $50 renewal fees can be done online. I wonder if the application can be made online.
 

PMM

VIP Member
Jun 30, 2005
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Hi

hinavin said:
The CIC website speaks to paper based application form for renewal of PR Card. Is there any option of applying Online as well? I did note the payment of the $50 renewal fees can be done online. I wonder if the application can be made online.
1. No, it can't.
 

razdan_rakesh

Newbie
Feb 5, 2016
3
0
PR card Expires before the 730 days required - Applied For Renewal on Paper

I have been granted PR in 2011 and we entered the country First time in Feb 2011. Stayed there for 2 weeks and returned back due to family commitments. My family returned back to Canada for good in Sept 2014 and have been stayed there since then. I have my family commitments and business/ work back home. I keep on coming to canada 3 times in a year since Sept 2014. My PR is expiring by March 2016. I have applied for PR renewal on H&C grounds, as my mother was not well and I am the only sibling/son/family member to take care of her. We have applied for PR renewal on H&C grounds and also stated that extension be granted for 1 year till end of 2016, as my mother is recovering well and I am also in process of winding up my business and returning back to Canada for good as my family[wife and children] are working and studying there.
I have a business registered there since June 2015, but only operational since Dec 2015. Not much work is being done on the company as I am not there.
I am currently in a fix because of the comments and post on CIC that after the expiry of my PR I wont be able to enter canada even on Visitors VISA to see my family. The processing time as indicated on CIC website is 38 months for PR renewal based on H&C.
For applying PRTV I have to renounce my PR status [I would not be interested in doing that] and then it is the discretion of the Immigration officer whether to consider granting me a VISITOR VISA.
Please advise the best option to keep my PR in Place and visit my family till the PR is renewed. I have requested the deadline till end of 2016 and after that I will go to Canada for good.
I also forsee that my wife cannot apply for spouse sponsorship, while the PR renewal is going on.

Your expert advise and experience would be highly appreciated.
 

SMA.DE

Hero Member
Jun 19, 2011
221
4
Is there a lot of people renewing their PR cards 2-3 years after it expired?
Would CIC officers has any problems/questions or send the case to second review when they see the card has been expired for so long, given the fact the card holder meets the residency requirement and has not travelled to other countries in the 2-3 years?
 

Leon

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Jun 13, 2008
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SMA.DE said:
Is there a lot of people renewing their PR cards 2-3 years after it expired?
Would CIC officers has any problems/questions or send the case to second review when they see the card has been expired for so long, given the fact the card holder meets the residency requirement and has not travelled to other countries in the 2-3 years?
There have been plenty of people here who've renewed long expired PR cards without a problem. As long as it's clear that you've been in Canada for more than 2 years in the past 5, it shouldn't be a problem.
 

SMA.DE

Hero Member
Jun 19, 2011
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Leon said:
There have been plenty of people here who've renewed long expired PR cards without a problem. As long as it's clear that you've been in Canada for more than 2 years in the past 5, it shouldn't be a problem.
Thanks Leon!
 

Nassa

Member
Jan 12, 2016
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Hello Leon this is Naseema ...nassa again....like I mentioned before I stayed for 7 IBC months then left Canada and now returning with 30 days less to the 730 days required for a renewal. ..I have been paying for my daughters fone bill ...Internet service plus apartment bills as they are all under my contract..... what about tax returns Ani entitled for one and do I have to complete 730 then apply ...cause if they are looking at the 5 years box then my staying they extra 30 days how will that help me please advice I am so pic confused my brains have gone scrambled
 

Leon

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Nassa said:
Hello Leon this is Naseema ...nassa again....like I mentioned before I stayed for 7 IBC months then left Canada and now returning with 30 days less to the 730 days required for a renewal. ..I have been paying for my daughters fone bill ...Internet service plus apartment bills as they are all under my contract..... what about tax returns Ani entitled for one and do I have to complete 730 then apply ...cause if they are looking at the 5 years box then my staying they extra 30 days how will that help me please advice I am so pic confused my brains have gone scrambled
If you were gone more than 3 years, you can not meet the RO until you have stayed for at least 2 years straight.
 

Charles9

Newbie
Feb 26, 2016
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0
Hi,

Did you get your P/R Renewed as per Leon's advice? Your answer will help to assess my friend's situation? Thanks
 

Nassa

Member
Jan 12, 2016
18
0
Hello Leon
I arrived at Vancouver airport as my sister passed away and she lives in Vancouver.
When I arrived my the machine was not reading my card so I had to approach the immigration officer. .. he said the address on my card showed ontrio so whyou am I entering through Vancouver I told him I lost my sister ...he asked me if she lives in Vancouver I told him yes he gave me his condolences and asked me how long have I been away I told him about a year I told I him yes ....actually I was crying and not focused he said august 2015 I said yes and then he let me go through ....u I have been away since August 2014 .....

So I landed ...... April 24th 2012
Left ...... may 11th 2012

Returned .......... Jan 19th 2014
Left ............ august 11th 2014

Returned .........march 6th 2016

PR...card date of issue 24 April 2012
Date expired. ...June 27th 2017

I called the health department and to my good luck it is still valid not can called

So now what do I do ?
Please advice
 

dpenabill

VIP Member
Apr 2, 2010
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Nassa said:
Hello Leon
I arrived at Vancouver airport as my sister passed away and she lives in Vancouver.
When I arrived my the machine was not reading my card so I had to approach the immigration officer. .. he said the address on my card showed ontrio so whyou am I entering through Vancouver I told him I lost my sister ...he asked me if she lives in Vancouver I told him yes he gave me his condolences and asked me how long have I been away I told him about a year I told I him yes ....actually I was crying and not focused he said august 2015 I said yes and then he let me go through ....u I have been away since August 2014 .....

So I landed ...... April 24th 2012
Left ...... may 11th 2012

Returned .......... Jan 19th 2014
Left ............ august 11th 2014

Returned .........march 6th 2016

PR...card date of issue 24 April 2012
Date expired. ...June 27th 2017

I called the health department and to my good luck it is still valid not can called

So now what do I do ?
Please advice
I assume that it is not correct that your PR card was issued the same day you landed, that is 24 April 2012; given the date of expiration, June 27, 2017, I would guess the card was issued June 27 or 28 2012. If the card references 24 April 2012, it does so as the date you became a PR.

My impression is that the examining officer could (possibly) readily see that despite the probability you might be in breach of the PR Residency Obligation, you are not in breach of it by a lot (less than four months short), and consistent with historical patterns the officer exercised discretion to be lenient . . . this appears to apply particularly for PRs still within the first five years, although in general PRs who still have a PR card valid for another full year also appear to be more or less given less strict scrutiny relative to the PR RO.

Thus, my guess is that you were treated leniently given the combination of --
-- still in first five years of PR
-- PR card does not expire for more than another year
-- multiple periods of time present in Canada in the past (even if just two)
-- assertion (even though erroneous) of presence in Canada within the last year, and if so that would mean you are in compliance (do not be confused by this, given three plus years of actual absence since landing, you are not actually in compliance)
-- Canadian ties (sister living in Canada, even though now, recently deceased -- my condolences)
-- circumstances and reason for coming to Canada

Cannot guess whether the officer's decision was based on thinking you were in Canada until August 2015 or the officer recognized you left in August 2014 but was still lenient, again per the circumstances I note above. Does not matter, you were allowed to enter, you are in Canada, you have not been reported as yet. My guess is it is not likely there was any referral for futher inquiry regarding residency obligation compliance.

I can guess, however, that if the officer's decision was based on being lenient (as opposed to not perceiving you to be in breach), part of that has to do with recognizing you are going to do one of two things: be in Canada briefly attendant the circumstances of your sister's death, or you will stay, settle in Canada, long term. Given your status, either would be acceptable, as there should be no hint you are trying to abuse the system. (Someone who has been a PR for longer than five years, in contrast, and who is attempting to return to Canada with his second PR card, valid for just another year, and who has been absent three plus years within the last five, is not at all likely to be given as much leeway.)


What all this means:

Not much actually. Your PR status remains intact, without a problem.

If your stay in Canada this time is relatively short, you can anticipate more of a problem the next time you try to enter Canada. Not sure, but I'd guess there is a FOSS note in your record now which would likely trigger elevated scrutiny next time you come to Canada, that is, if your stay this time is less than staying to live in Canada.

If you stay and settle in Canada, you are OK. Technically you will not be eligible for a new PR card until around August 2017. That means your current PR card will expire before you should apply for a new one. So long as your remain in Canada that is not a problem. PRs do not need to have a PR card unless they travel abroad (I have a friend who has never had a PR card despite being a PR for going on four decades now . . . with some recent changes taking place soon he will have to decide whether to become a citizen or apply for a PR card, unless he wants to give up his periodic travels abroad).

Summary: if you are staying, wait until you have been present in Canada for 730+ (some emphasis on the plus) days within the preceding five years (and can at least reasonably support this with documents or other evidence) before applying for a new PR card. Any travel in the meantime will still invoke some risks for PR RO enforcement.


CAUTION:

Nassa said:
I called the health department and to my good luck it is still valid not can called
If you are referring to OHIP (Ontario health card), it would be fraud to use the card. You need to do the paperwork for a person returning to live in Canada after living abroad. Your valid PR card should suffice as proof of status. Just because the system has not caught the fact you were not in Ontario at least 153 days in 2015 does not change the fact that you were not and thus are not eligible for OHIP until you meet the requirements for a returning resident. I get it, that more than a few would casually disregard the technicality. Good odds of getting away with it. But very bad consequences if for some reason you do not. Like if someone decides to phone it in. Not worth taking chances.
 

Nassa

Member
Jan 12, 2016
18
0
Thanks Leon
It's such a breath of relief talking to you
And thank you for your condolences. ..she was younger to me and ill for a year and a half andozen didn't tell us...just a fone call came from her husband that she passed away..... well may she R.I,P. amen.

My PR card just below my picture reads my date of birth and below it the expiry date
27 June 17

At the back of my card it reads.....
PR since / PR depuis. ..24 04 2012 TORONTO

So in your opinion I am OK and I should apply for am extinction mid august....what are my chances ....

And in regards to IHOP I called the Ontario health and spoke to some gentleman and he informed me that my card is good to go and I did tell him I was out stationed for a year and a half he told me the same thing that I could be taken in for fraud ... but this time it's OK. ..just inform them of my change of address. ...

He told me that the next time I travel I should inform them.

So basically in your opinion I should apply for extention august'17 what are my chances
Thanks again
 

dpenabill

VIP Member
Apr 2, 2010
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Nassa said:
Thanks Leon
It's such a breath of relief talking to you
And thank you for your condolences. ..she was younger to me and ill for a year and a half andozen didn't tell us...just a fone call came from her husband that she passed away..... well may she R.I,P. amen.

My PR card just below my picture reads my date of birth and below it the expiry date
27 June 17

At the back of my card it reads.....
PR since / PR depuis. ..24 04 2012 TORONTO

So in your opinion I am OK and I should apply for am extinction mid august....what are my chances ....

And in regards to IHOP I called the Ontario health and spoke to some gentleman and he informed me that my card is good to go and I did tell him I was out stationed for a year and a half he told me the same thing that I could be taken in for fraud ... but this time it's OK. ..just inform them of my change of address. ...

He told me that the next time I travel I should inform them.

So basically in your opinion I should apply for extention august'17 what are my chances
Thanks again
I'm interpreting this to be in response to my post, not to Leon.

As I expected, the April 2012 date on the back of the card reflects the date you landed (PR since . . . ) not the date the card was issued.

There is no extension of PR status. You are a PR unless and until you lose it, give it up, or become a citizen.

We typically talk about renewing the PR card but this is really about applying for a replacement PR card, to replace an expired or expiring one.

As long as you are living in Canada between now and August 2017, the odds are good there will be no problem with the application for a replacement PR card as of then . . . although waiting a month or two more would be prudent. A secondary review might happen, but your PR status is not at risk, and that would be more about verifying your status and compliance with the PR RO before issuing you a new card. Quality control.

Beyond that, any risk would be related to questions or doubts there might be that you have actually been in Canada. For most people this is no problem. Keep records, proof of paying rent for example. Be sure to file proper tax returns. If you are working in Canada the odds of questions or doubts is very low (proof of working in Canada proves presence, easily).

If you are here to stay, settle in, and live your life. There are probably many other more pressing things than PR to worry about.
 

Nassa

Member
Jan 12, 2016
18
0
Hello Leon
Thanks for your condolences it's sad CA ND heart breaking but life has to go on .....

The front of my PR card reads ....
My date of birth.....
Just below that it reads...
Expiry
27 JUN / JUIN 17

at the back of my card it reads. .....
PR since 24 04 2014 TORONTO. ...
now in regards to my IHOP I called then and spoke to a person CA ND informed him that I was out of Canada for over a year and he said that it would be considered fraud but since it's not cancelled I should go to the OHIP office and inform them of my change of address or change my to my new address on line....

So now when I apply for my extention will they revoke or what are my TV chances for renewal
Thanks again