PR card renewal but RO not met

[sdas87]

I am residing in Canada presently. I got my PR in Nov 2017 but finally decided to move to Canada in Feb 2022. Since then I have completed around 400 days inside Canada. Presently my PR card has expired and I need to go back to my home country to take care of personal things before the year end.

I am unable to renew PR card since I have not fulfilled RO. I am looking to hear from anyone who was able to renew their PR card before fulfilling their RO.

I'm also wondering what are my options to enter back to Canada with an expired PR card if I do need to step out of Canada for any personal emergencies.

 

[armoured]

Do you have the ability to travel via the USA?

How long do you expect your trip to your home country to take?

When you returned to Canada in Feb22, how was your interaction with the CBSA officers? Secondary inspection, any warning, any comments at all, questions about your residency obligation?

How many days will you have when you depart on your trip (counting only five years back) - about 550?

The safest route - of course - is to not leave before you have the 730 days.

 

[sdas87]

Do you have the ability to travel via the USA?

How long do you expect your trip to your home country to take?

When you returned to Canada in Feb22, how was your interaction with the CBSA officers? Secondary inspection, any warning, any comments at all, questions about your residency obligation?

How many days will you have when you depart on your trip (counting only five years back) - about 550?

The safest route - of course - is to not leave before you have the 730 days.

I have left and entered Canada multiple times in 2022 when my PR card was still valid. I have never been asked anything by the CBSA officers.

Yes I can travel by USA. I have a valid B1/B2 Visa till Jun 2024.

Yes by end of the year I would have completed around 550 days. I am planning to be in home country for around 30-45 days.

 

[armoured]

I have left and entered Canada multiple times in 2022 when my PR card was still valid. I have never been asked anything by the CBSA officers.

Yes I can travel by USA. I have a valid B1/B2 Visa till Jun 2024.

Yes by end of the year I would have completed around 550 days. I am planning to be in home country for around 30-45 days.

On balance of probabilities, entering by road from USA - even with expired card - may be preferable to applying early to renew card. And applying early to renew card may not lead to getting it much earlier (if at all).

Then accumulate the days and apply when you have > 730.

Key thing is: you won't be able to board a plane without current PR card. But they will let you in with an expired one, and as clearly living in Canada, and record to date, less likely they would throw the book at you.

Just one opinion though.

 

[Ponga]

On balance of probabilities, entering by road from USA - even with expired card - may be preferable to applying early to renew card. And applying early to renew card may not lead to getting it much earlier (if at all).

Then accumulate the days and apply when you have > 730.

Key thing is: you won't be able to board a plane without current PR card. But they will let you in with an expired one, and as clearly living in Canada, and record to date, less likely they would throw the book at you.

Just one opinion though.

Once again, you nailed it. Especially regarding NOT applying early (with a deficit of nearly 200 days), which IMHO would really be asking for trouble!

If the OP can re-enter Canada via a U.S. land PoE and escape any sort of CBSA `grilling, which could lead to the dreaded 44(1) report issue, they'd be encouraged to remain in Canada, per your recommendation

 

[canuck78]

I am residing in Canada presently. I got my PR in Nov 2017 but finally decided to move to Canada in Feb 2022. Since then I have completed around 400 days inside Canada. Presently my PR card has expired and I need to go back to my home country to take care of personal things before the year end.

I am unable to renew PR card since I have not fulfilled RO. I am looking to hear from anyone who was able to renew their PR card before fulfilling their RO.

I'm also wondering what are my options to enter back to Canada with an expired PR card if I do need to step out of Canada for any personal emergencies.

Your reasons for not meeting your RO have a significant impact on whether you would qualify for PR card renewal based on H&C . Processing tends to be at least a year so probably not even a good option for you. When not meeting your RO there is no way to safely leave Canada. This is especially the case when you no longer have a PR card.

 

[sdas87]

Thank you for your responses.

Based on responses I am thinking about putting an H&C PR Card renewal. Then if I need to leave Canada, I can enter by road through US as advised. I can also show my H&C PR renewal request as supporting reason to allow me to enter Canada to the CBSA officers if needed. Would this strategy mKe sense?

If it takes 1 year to process H&C renewal, by that time I would have met RO. I would anyway be eligible to renew the PR card. Will I be able to just withdraw this H&C application and place a fresh one for card renewal at that point?

 

[armoured]

Thank you for your responses.

Based on responses I am thinking about putting an H&C PR Card renewal.

I see nothing in the responses above that suggests H&C PR renewal in your case makes any sense.

Therefore, I decline to answer the rest of your questions further. Good luck.

 

[Besram]

Based on responses I am thinking about putting an H&C PR Card renewal. Then if I need to leave Canada, I can enter by road through US as advised. I can also show my H&C PR renewal request as supporting reason to allow me to enter Canada to the CBSA officers if needed. Would this strategy mKe sense?

• In case it wasn't clear, applying for renewal of your PR card is a bad idea if you are not in compliance with the residency obligation (unless you have exceptionally strong H&C reasons, which most people do not).
• You can leave and re-enter Canada via the US - the officer will have to let you in no matter what, and having an application for PR card renewal in progress does not make a difference. Note the officer can still report you, but they tend to be more lenient than the people who review the PR card renewal application
• Your best bet is to stay in Canada until you are back in compliance, and then apply for PR card renewal. Everything else risks your PR status.

If it takes 1 year to process H&C renewal, by that time I would have met RO. I would anyway be eligible to renew the PR card. Will I be able to just withdraw this H&C application and place a fresh one for card renewal at that point?

No. Once a determination has been made that you are out of compliance without sufficient justification, any time spent in Canada from the time you had applied for your PR card will no longer count towards your RO. Withdrawing your application doesn't change that. Once the wheels are in motion to terminate your PR status, your only options is an appeal (and not many people win those).