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PR card Expires before the 730 days required

canuck_in_uk

VIP Member
May 4, 2012
31,590
7,143
Visa Office......
London
App. Filed.......
06/12
PROSnCONS said:
Is there any possibility to renew PRs (even for kids alone)?
Will there be any difference if we travel to Canada and try PR renewal while being there?
Will they allow us to enter to canada?
Please advise.
No, you can't just renew your kids' PR statuses.

You don't qualify for renewal. If you are able to enter Canada without being reported, you will need to spend 2 years here without leaving to once again meet the Residency Obligation.

Yes, you would be allowed to enter Canada. However, if you are reported at the border and do not have valid H&C reasons for not meeting the RO, you will lose your PR status.
 

zardoz

VIP Member
Feb 2, 2013
13,323
2,158
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
PROSnCONS said:
Hi dear Advisors;
First of all, Thanks a lot for your support and sharing your experience with everyone, which is really amazing hearted actions, not everyday noticed in nowadays world, God bless you all :)
I have a question.
I landed in May 2012 along with my family and stayed for couple of weeks and I just got my driving license after that, but my overall stay will not complete 35 days.
My PR gonna to expire within couple of months, and I wonder what options do I have here, which mainly concerns my kids who are less than 10 years old.
Is there any possibility to renew PRs (even for kids alone)?
Will there be any difference if we travel to Canada and try PR renewal while being there?
Will they allow us to enter to canada?
Please advise.
Let me get this straight... You have only 35 days residency in the last 5 years?

If this is correct, forget about any renewal of the PR cards for any of you for the time being. You are going to struggle to even keep your PR status once your PR cards expire, if you have to apply for a Travel Document. The same applies if you attempt to cross the USA land border, as the risks of being reported will be considerable.

If you can get to the Canadian border, you will be admitted, even if they report you for RO breach.
 

Buletruck

VIP Member
May 18, 2015
6,250
2,279
My PR gonna to expire within couple of months, and I wonder what options do I have here, which mainly concerns my kids who are less than 10 years old.
Is there any possibility to renew PRs (even for kids alone)?
I would think, and others may correct me, but probably the best chance would be for your kids to apply for a PRTD as soon as they turn 18 under H&C, if your primary concern is their PR. If you loose your PR now, they will loose theirs as well, particularly since it doesn't sound like you have any H&C grounds.
 

zardoz

VIP Member
Feb 2, 2013
13,323
2,158
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Buletruck said:
I would think, and others may correct me, but probably the best chance would be for your kids to apply for a PRTD as soon as they turn 18 under H&C, if your primary concern is their PR. If you loose your PR now, they will loose theirs as well, particularly since it doesn't sound like you have any H&C grounds.
I would tend to agree. The children might have a chance in the future but having said that, if the criteria for H&C changes, even that might not be possible when they reach 18.
 

PROSnCONS

Newbie
Nov 15, 2013
5
1
zardoz said:
Let me get this straight... You have only 35 days residency in the last 5 years?

If this is correct, forget about any renewal of the PR cards for any of you for the time being. You are going to struggle to even keep your PR status once your PR cards expire, [b]if you have to apply for a Travel Document[/b]. The same applies if you attempt to cross the USA land border, as the risks of being reported will be considerable.

If you can get to the Canadian border, you will be admitted, even if they report you for RO breach.
Thanks a lot Zardos, could you please elaborate more on these bold font parts!
 

PROSnCONS

Newbie
Nov 15, 2013
5
1
Buletruck said:
I would think, and others may correct me, but probably the best chance would be for your kids to apply for a PRTD as soon as they turn 18 under H&C, if your primary concern is their PR. If you loose your PR now, they will loose theirs as well, particularly since it doesn't sound like you have any H&C grounds.
Thanks Bluetruck & Zardos
May you elaborate on what is H&C? can kids apply for PR renewal after 7-8 years expiry?
Can We apply again for FSW immigration?
 

zardoz

VIP Member
Feb 2, 2013
13,323
2,158
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
PROSnCONS said:
Thanks a lot Zardos, could you please elaborate more on these bold font parts!
Travel Document = http://www.cic.gc.ca/english/information/travel-document/
This is required for commercial transportation to Canada if you are not in possession of a valid, unexpired, PR card.

USA Border : if you can get to the USA/Canada land border by non-commercial transportation (private vehicle or on foot) you do not need to present a PR card. You only NEED to provide sufficient evidence that you are a PR. Passport and COPR document would suffice. You may be questioned regarding RO compliance and reported if CBSA believe that you are not in compliance. http://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-44.html and http://www.cic.gc.ca/english/resources/manuals/enf/enf05-eng.pdf
 

Buletruck

VIP Member
May 18, 2015
6,250
2,279
H&C is the Humanitarian and Compassionate clause that can be used for not meeting the RO. It can be applied (currently) for your children when they reach 18 for having to leave the country because you left. They had no choice but to leave. It should be applied for soon after their birthdays. The longer they wait, the less chance of success. If successful, they can apply for renewal as soon as they arrive.
 

fswpdxb

Star Member
Jun 25, 2013
194
4
Category........
Visa Office......
London
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
15-05-2014
AOR Received.
4-Sept-2014
Med's Request
22-Oct-2014
Med's Done....
4-Nov-2014 updated on Ecas
Interview........
PPR1 ,PCC,updated info chart,Sch A form-22-oct-2014.All doc reached 10th Nov-2014
Passport Req..
23rd feb-2014 & submitted on 25 Feb-2015
VISA ISSUED...
12 March-2015 and passports received.
LANDED..........
Alhamdulilah-Short landing(Calgary) in April-2015-returned back.All went Well.
Hi Guys,
Hope you are guys are all fine.
I have PR card and am currently in dubai.
If am not able to stay in canada for 2 yr out of 5 yrs i loose my PR status.I was diagnosed cancer and treatment is going on and cured and am in dubai currently.
now how can i appeal to get the PR status.
my PR card will expire in 2018
Thanks
 

dpenabill

VIP Member
Apr 2, 2010
5,101
2,219
fswpdxb said:
Hi Guys,
Hope you are guys are all fine.
I have PR card and am currently in dubai.
If am not able to stay in canada for 2 yr out of 5 yrs i loose my PR status.I was diagnosed cancer and treatment is going on and cured and am in dubai currently.
now how can i appeal to get the PR status.
my PR card will expire in 2018
Thanks

fswpdxb said:
[same content as in this topic]

Date your PR card expires is NOT relevant, except that as long as you still have a valid PR card you should be able to board a flight to Canada. That has nothing to do with whether you are in breach of the PR Residency Obligation, or whether you have H&C grounds for which IRCC might excuse a breach of the PR RO and allow you to retain PR status despite the breach.

If you landed and became a PR in April 2015, the best way to keep your PR status is to return to Canada to stay by April 2018.

If you remain outside Canada a total of 1095 days before the fifth year anniversary of the day you landed and became a PR, you will be in breach of the PR RO.

It is confusing that your PR card will expire in 2018 when you otherwise indicate you just became a PR in April 2015, since landing in 2015 ordinarily would have resulted in being issued a PR card valid until 2020. But again, the date the PR card expires is not relevant for purposes of compliance with the PR RO.

While there are possible H&C grounds which will, in effect, excuse a breach of the PR RO, in what you report it appears there are no H&C grounds looming which would preclude your return to Canada by early 2018, in time to meet your residency obligations.

If you do not meet the PR RO, the odds of keeping PR status are not good. It can be and usually is difficult to make a successful H&C case in the absence of truly extraordinary circumstances. Note for example that Canada does have health care, so generally something like cancer does not prevent a person from living in Canada, and will not ordinarily be enough to support a finding of sufficient H&C reasons justifying a failure to return to Canada sooner.

Any effort to plan ahead to have H&C reasons for a future failure to meet the PR RO is likely a foolish endeavor. If retaining PR status is a priority, returning to Canada to settle permanently in Canada before being absent a total of 1095 days is the only good plan.
 

crewbunk

Star Member
May 6, 2014
88
18
I have a question. How can the kids apply for renewal of PR after they are 18? Do they need to find a way to come to Canada first? What if we plan to send the kids to Canada for University study when they turn 18 while wishing to renewal their PR based on H&C? Does that mean they need to get a student visa first as an international student? Just want to find a way to retroactive their PR and stay there for University. Thanks.

Buletruck said:
H&C is the Humanitarian and Compassionate clause that can be used for not meeting the RO. It can be applied (currently) for your children when they reach 18 for having to leave the country because you left. They had no choice but to leave. It should be applied for soon after their birthdays. The longer they wait, the less chance of success. If successful, they can apply for renewal as soon as they arrive.
 

Leon

VIP Member
Jun 13, 2008
21,958
1,293
Job Offer........
Pre-Assessed..
crewbunk said:
I have a question. How can the kids apply for renewal of PR after they are 18? Do they need to find a way to come to Canada first? What if we plan to send the kids to Canada for University study when they turn 18 while wishing to renewal their PR based on H&C? Does that mean they need to get a student visa first as an international student? Just want to find a way to retroactive their PR and stay there for University. Thanks.
They should apply for PR travel documents explaining that they were removed from Canada as minors and at age 18 want to return and stay for good. If the PR travel document is granted, it means that immigration saw mitigating circumstances and let them keep their PR.

As soon as they return to Canada, they can apply to renew their PR cards based on the travel document. However, they should be very careful with any absences from Canada until they meet the RO (residency obligation) again. If the PR card is lost or stolen and they are outside Canada and applying for a PR travel document again and still don't meet the RO and haven't been staying in Canada much, immigration may feel that they already had their chance and didn't use it.
 

FIYAZALI

Hero Member
Oct 7, 2014
479
20
121
CANADA
Category........
Visa Office......
London
NOC Code......
2132
Job Offer........
Pre-Assessed..
App. Filed.......
22nd October - 2015
LANDED..........
13-07-2016
Hi Members, Hi Leon
I visited Canada and became PR on 13th July 2016, i stayed in Canada until 19th December 2016 and am now currently working in KSA RIYADH, My question is if i return back to Canada for good (permanent move) in year 2019 1st Jan will i meet PR residency rules. My PR will expires in August 2021
As per my understanding i landed on 13th July 2016- left 19th December 2016= days 160 for year 2016
For year 2017=0
For year 2018=0
But from year 2019=365
Year 2020= 365
Year 2012 till august = 240 days
I believe i will be able to meet PR obligations requirements please correct my understating which will be really help and later on apply for citizenship once completing 4 years down the line
Thanks in advance
 

canuck_in_uk

VIP Member
May 4, 2012
31,590
7,143
Visa Office......
London
App. Filed.......
06/12
FIYAZALI said:
I visited Canada and became PR on 13th July 2016, i stayed in Canada until 19th December 2016 and am now currently working in KSA RIYADH, My question is if i return back to Canada for good (permanent move) in year 2019 1st Jan will i meet PR residency rules. My PR will expires in August 2021

I believe i will be able to meet PR obligations requirements please correct my understating which will be really help and later on apply for citizenship once completing 4 years down the line
Yes, you will still meet the Residency Obligation if you return in Jan 2019.

You posted the exact same thing across 11 threads, as well as private messaging it to me and probably to many others. In future, don't spam the forum like that. Post once in the appropriate thread and have some patience.
 

fateh88

Full Member
Sep 2, 2013
40
1
Hello everyone,
This post gives vast knowledge regarding Residency Obligation and thanks for sharing all the queries and wonderful explanation about the same by the seniors.

I have a query regarding PRO i.e. how to prove number of days to CIC. I have been in and out of the country because of family and business commitments. Been in Canada for about 500 days and need another good 230 days to fulfill the requirements ( my PR expires on march 2019).
My query is what documents do they need to see if i have completed 730 days, I have not been working on full time basis in Canada but i have been physically present in it. Is it mandatory that i should have been working to prove my stay? what other documents should i have to make sure they are aware that i have been present in Canada for these days.

Thank you!