PR card lapse - consequences?

[Spencer Platt]

My permanent residence card is going to expire next July, and I'm not certain if I'm going to renew it. If I were to let my status lapse, will I have any difficulty entering Canada as a visitor after July? I have a home in Canada, but I also have a home in California, and I'm not sure that I'll be able to spend as much time in Canada as I had hoped I would. Additionally, my wife is also a permanent resident, and she hasn't spent anywhere near 730 days in Canada since we were issued our cards. If we both were to apply to renew our status, would the fact that I've met my PR obligation affect the renewal of her status?

Another issue is that we haven't filed income taxes in Canada, because all of my income comes to me in the U.S. We have, however, paid fairly significant property taxes in British Columbia. If we were to apply for renewal, will the fact that we don't have an Income Tax assessment issued by the Canada Revenue Agency be a determining factor?

Thank you for any answers to these questions.

 

[PMM]

Hi

My permanent residence card is going to expire next July, and I'm not certain if I'm going to renew it. If I were to let my status lapse, will I have any difficulty entering Canada as a visitor after July? I have a home in Canada, but I also have a home in California, and I'm not sure that I'll be able to spend as much time in Canada as I had hoped I would. Additionally, my wife is also a permanent resident, and she hasn't spent anywhere near 730 days in Canada since we were issued our cards. If we both were to apply to renew our status, would the fact that I've met my PR obligation affect the renewal of her status?

Another issue is that we haven't filed income taxes in Canada, because all of my income comes to me in the U.S. We have, however, paid fairly significant property taxes in British Columbia. If we were to apply for renewal, will the fact that we don't have an Income Tax assessment issued by the Canada Revenue Agency be a determining factor?

Thank you for any answers to these questions.

1. You are a PR until a determination is made that you have lost it. If you haven't lived in Canada for 730 days in the past 5 years, you could be reported on entry as having lost it, issued a removal order, and given 30 days to appeal. Each person's PR status is individual. Whether you have maintained yours or not, doesn't effect your spouses, except that it will be some help if she appeals on H. & C. grounds.
2. It will be a factor, but it would appear that the IAD will probably look at you using your residence in Canada for vacation purposes rather than a permanent place to reside.

 

[Spencer Platt]

Thanks, PMM. If I were simply to let my card lapse without applying to renew it, would I have any difficulty entering Canada in the future?

 

[Leon]

If immigration scans your passport and realizes that you are a PR, they may ask you where your PR card is. They may ask you if you meet the residency requirements, they may tell you that you have lost your PR if you don't. However, in most cases, they seem to let people in eventually. If you travel by car, you can take your landing papers with you instead of the PR card and just tell them every time that there is no law that says you must have a PR card to enter at the land border. Anyway, the worst immigration can do to you, if they think you do not meet the residency requirements, would be to report you for it in which case they will give you some paperwork and tell you that you have 30 days to appeal their decision. If you don't appeal or lose your appeal, you probably lose your PR. If you lose your PR, you can still visit like any other visitor.

 

[Msafiri]

You would have 2 issues:

1. Getting to the Canadian border - if you are visa exempt then you are ok to fly into Canada or if you have a US visa you can enter via a land crossing with a private vehicle.

2. Once at the border the CBSA agent will ask how long you've been outside Canada and if this absence means you no longer meet the Residence Obligation of being in Canada for 730 days in the 5 years prior to the entry date. You are required to be truthful but there are some on this forum who lied and said they had only been gone for a week. The CBSA agent can either follow up on this by extensive questioning of your claimed residence in Canada or or they may ignore it. They may or may not decide to report you which is the formal process to revoke your PR.

If reported then you can appeal and take your chances in court. If they don't report then remain in Canada until you meet the RO and apply for PR Card renewal.

PR status is not a glorified visitors visa ...at some point in time you will loose it if you don't reside in Canada for the required duration.

 

[Spencer Platt]

Thank you for all of this great information.