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PR card question

Discussion in 'Permanent Residency Obligations' started by chiradeepguha, Sep 3, 2019.

  1. Dear Sir/Madam,
    Myself, my wife and son have currently got valid PR cards for Canada. This validity is till May 2021.
    Now due to extenuating personal and family issues I had to move out of Canada temporarily after living and working 13 months in Canada in 2017/2018.
    Similarly my wife and son had to come back with me after staying only 5 months there.
    Now we are planning to return back permanently in August 2020, and also my son plans to do his undergraduate studies in Canada, and I plan to start working there again.
    I just wanted a clarification that once we re-enter Canada, would we be allowed to stay only till the PR card is valid. Or can we reapply for PR card after meeting our individual residency norms, and continue to stay in Canada in the meantime.
    This is very important clarification for my family, as we would not like our son’s college to be disturbed due to residency issues in the course of the program.
    Would appreciate your kind feedback at the earliest please.
     
  2. If at the time of entering Canada you meet the Residency Obligations of a PR, then there won't be any issues for you or your family.
    If that is the case you'll be allowed to stay in Canada indefinitely (the validity of the PR card does NOT reflect the validity of your PR status, so the card can be expired but you can remain in Canada as a PR with no problem).
     
  3. Many thanks for the above schilz. Just to clarify my questions further...

    At the time of entry into Canada, our PR card would be valid but we will be short of our residency requirement of 730 days out of a five year period. So would take pose a challenge at entry.

    While in Canada if my PR card expires, and I am not in the position to renew same as I am not meeting residency norms immediately when the PR card expires. So then can we stay on and apply for PR card renewal once we meet the residency norms?
     
  4. Then yes, you have a risk at the port of entry if you are not meeting the residency requirements.

    If you are allowed in without being reported for breach of obligations, you are right, you won't be able to renew the card right away but you'll be able to stay and apply once you meet the obligations for a new PR card with no problem.
     
  5. Your PR card expiring while in Canada does NOT mean that your PR has expired. You are correct that you can stay in Canada until you do meet you RO then apply for a new PR card. PR cards are only needed for travel outside of Canada, specifically to be able to get back in to Canada. Some people move to Canada and never renew their PR card as they don't travel internationally, they are still of course PR.
     
  6. Thanks Hurlabrick.

    On the risk of refusal of entry, is there any way of getting clarity, so that we can decide properly on what to do.
     
  7. #7 Bs65, Sep 3, 2019 at 10:37 AM
    Last edited: Sep 3, 2019
    As for refusal of entry that cannot happen given as PRs you are entitled to enter the country regardless of your residency status. There is unfortunately no sure way to predict whether you might be reported at the border, you could just show your valid PR cards and be waved through with minimum fuss.

    As for residency obligation ideally based on your PR cards expiring May 2021 then assuming 5 years validty then assume you actually first landed March/april 2016 so ideally you should plan to be back between March/May 2020 so that you could still meet the residency obligation with the 13 month credit you already have and have less chance of anything untoward with your PR status happening at the border.

    Your wife/Son however having only spent 5 months in the country is a whole different scenario and their PR status could be at greater risk on coming back. You could only hope that if you approach CBSA together as a family unit all with valid PR cards that you are all just welcomed back without any probing questions on how long you have been away.

    Same advice to everyone only answer CBSA questions asked do not volunteer any extra information.
     
    chiradeepguha likes this.
  8. Would recommend your whole family return as soon as possible especially your wife and son who are likely out of compliance already (haven’t done the exact math).
     
    chiradeepguha likes this.
  9. Appreciate all the valuable feedback. In case CBSA does report us at the border, what could be likely scenarios, and any guidance on same from the forum.
     
  10. CIC will decide whether you had an acceptable reason not to return to Canada. Usually the main reason is that a family member is extremely sick and often hospitalized on and off or full-time. There are no other family members in the home country so you have had to return from Canada to care for them and you can prove that you are doing the day to day caregiving and doctors/hospital visits and stays. You will have to prove that your relative is so ill they need constant care. After they are better or they pass away you are supposed to return to Canada within a few months.
     

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