PR card expiring is student visa required

[RamMur]

Good Day all,
My Daughter is a Canadian PR. Her PR card is valid till Jun 2016. I have moved to Canada in 2012 and continue to stay in Canada. I will be applying for citizenship in Aug 2016. I will also be applying for my daughter's citizenship along with me.

At Present she is doing her 12th grade in India. I am planning to move her from India to Canada permanently in Mar 2016 after her 12th grade to continue her university education.

She will be applying for her undergraduate program in an university

Since she has not spend enough days within Canada, she may not be able to renew her PR card in Jun 2016. I understand that she can continue to stay in Canada, but she can apply for renewal of PR card only when she completes the 730 days in Canada. So it may take about 18 months to get her PR card renewed. There is good chance that within that period she may able to obtain her Canadian citizenship.

If she applies to an university and gets admission, Can she continue her studies with her existing PR card with validity of Jun 2016. Please advise.

When I contacted the university, they have suggested to contact CIC, if a Student visa is needed. Could you please answer the following questions,

1. Can she continue her studies with her present PR status but without a valid PR card?
2. Does she need a student visa?
3. How to get confirmation from CIC on this?

Thanks
Ram

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[Lammawitch]

She won't be able to get a student visa, because she is already a PR.

Even if she doesn't meet the RO, she remains a PR unless/until her PR status is revoked, or relinquished voluntarily.

Whether or not a university will accept an expired card or not will depend on the university.

She's unlikely to qualify to apply for citizenship by August 2016, based on the information you've given.

 

[RamMur]

Thanks for the response.

She will still be under 18, by Aug 2016, I am planning to submit her application also along with mine.

I have one more question, By any chance if she has to go out of Canada, after her PR card expires, will she be able to enter back into Canada?

Since her PR card is expiring on Jun 2016, at the airport, what kind of questions will the immigration officer would ask her, when she comes in by Mar 2016.

Ram

 

[Lammawitch]

Thanks for the response.

She will still be under 18, by Aug 2016, I am planning to submit her application also along with mine.
Okay.

I have one more question, By any chance if she has to go out of Canada, after her PR card expires, will she be able to enter back into Canada?
Once she returns to Canada, she should remain here until she meets the RO. If she leaves before that, she will require a PRTD to return, an application for which would bring to light the fact she doesn't meet the RO.

There is the option of trying to return via the land border via the US; however I suspect that this option may be tightened up considerably soon, & she would risk being reported.

As you have been living in Canada, she doesn't have the option to plead "removed by parents as a minor against her will".

Don't tempt fate.

Since her PR card is expiring on Jun 2016, at the airport, what kind of questions will the immigration officer would ask her, when she comes in by Mar 2016.
Anything from none... to why she doesn't meet the RO.

Ram

 

[kateg]

If she applies to an university and gets admission, Can she continue her studies with her existing PR card with validity of Jun 2016. Please advise.

She shouldn't need a PR card to be a student. The CoPR should suffice, as there is no legal requirement to renew a PR card.

 

[MiriamT]

She shouldn't need a PR card to be a student. The CoPR should suffice, as there is no legal requirement to renew a PR card.

However, it's common practice in universities to require the student to produce a valid PR Card once to twice a year (depending on the university) to confirm that they're entitled to continue paying domestic fees.

Some institutions may accept the CoPR, but it isn't guaranteed.

 

[Msafiri]

RamMur,

Your issues/ concerns with the PR Card and its impact on education for your daughter while important are actually secondary to the real problem you face. Your daughter is in breach of her Residence Obligation. CIC/CBSA don't know this yet but maybe next time she shows up in Canada then the CBSA agent can dig into her absences and report her for breaching the RO. If she is reported then forget about her citizenship any time soon and if she ages out (over 18) by the time she is re-sponsored/ wins an appeal then she has to apply for citizenship on her own merits and likely won't qualify for citizenship under the new rules for a long time.

 

[RamMur]

Thanks for the response and rightly pointing out the major issue.

My daughter is planning to fly in again sometime in March 2016. She was in Canada last year for a month and left Canada in June 2015. Do you think the immigration officer at the airport, on arrival, will scrutinize the records and report breach of residency requirements. what are the chances that it will not happen?

 

[kateg]

Thanks for the response and rightly pointing out the major issue.

My daughter is planning to fly in again sometime in March 2016. She was in Canada last year for a month and left Canada in June 2015. Do you think the immigration officer at the airport, on arrival, will scrutinize the records and report breach of residency requirements. what are the chances that it will not happen?

After March 16, 2016, anyone flying from a Visa-Exempt nation will require electronic travel authorization. If she is in breach, and flying after that date, there is a good chance of getting reported.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=1037&t=16

 

[nope]

RamMur,

Your issues/ concerns with the PR Card and its impact on education for your daughter while important are actually secondary to the real problem you face. Your daughter is in breach of her Residence Obligation. CIC/CBSA don't know this yet but maybe next time she shows up in Canada then the CBSA agent can dig into her absences and report her for breaching the RO. If she is reported then forget about her citizenship any time soon and if she ages out (over 18) by the time she is re-sponsored/ wins an appeal then she has to apply for citizenship on her own merits and likely won't qualify for citizenship under the new rules for a long time.

I thought that minors didn't have to fulfill the RO? Or am I confusing that with minors with PR being able to apply for citizenship regardless of the amount of time that they spend in Canada?

 

[PMM]

Hi

I thought that minors didn't have to fulfill the RO? Or am I confusing that with minors with PR being able to apply for citizenship regardless of the amount of time that they spend in Canada?

1. You are confusing it with citizenship.

 

[RamMur]

I browsed through the website and noticed that eTA is applicable for citizens from visa exempt countries, Indian is not a visa exempt country.

"Citizens of certain countries and territories need a visa to visit or transit Canada. Others need an eTA"

Is my interpretation correct?

Ram

 

[Lammawitch]

I browsed through the website and noticed that eTA is applicable for citizens from visa exempt countries, Indian is not a visa exempt country.

"Citizens of certain countries and territories need a visa to visit or transit Canada. Others need an eTA"

Is my interpretation correct?

Ram

Neither case is applicable to your daughter as she is a PR. If she has a non visa exempt passport, & if she travels after her PR expires, she will require a PRTD to return to Canada. See all answers already given about the risks of being reported for breach of RO.