PR expiring in Nov'2012

[adi123]

Hi Leon,

My wife and I are PR and our child is a Canadian citizen. Our PR card is expiring in Nov 2012. We have not met the residency requirements (lived outside the country since Jan 2009), and we are travelling to Canada by end of September. Please advice me what are the chances of retaining our PR status if we apply for a renewal.

Note: We accompanied a Canadian citizen outside Canada, who is a child (6yrs old). I obtained a master's degree from a Canadian University in May 2008. Will any of the criteria help me out in retaining our PR status.

Your reply would be truly appreciated.

Manoj

 

[Leon]

When you enter Canada in September with your still valid PR cards, there is a small chance that you may be reported for not meeting the residency requirements. If that happens, you will be allowed to enter Canada to appeal this. You would then try to give them good reasons why you could not meet the requirements and how you are now ready to settle in Canada. Forget accompanying a minor child, there are no points for that. I have no idea what your chance is at winning an appeal. You may get some bonus points for your Canadian education.

If you are not reported as you enter, you should not try to renew your PR card when it expires. You should stay in Canada for a full 2 years and then you should apply to renew. You will then meet the residency requirements again and will keep your PR. There is no law that says you must have a valid PR card when you are in Canada so you are not doing anything wrong by doing this.