PR obligations (residing outside Canada since 2018)

[msamiullah]

Hi Guys, I have question regarding PR renewal for my mom. She has been in India since May 2018. Her PR will expire in Dec 2023. My dad who is a Canadian citizen has been residing in USA (for job) since 2019.

She wants to stay in india for another year or two. My question is what are her options regarding PR renewal. How can she apply for renewal, does she has to come back to Canada before Dec 2023 and stay 2 years in Canada and then apply for renewal ? Or is there any other way out.

Please let me know. Thanks.

 

[Ponga]

Hi Guys, I have question regarding PR renewal for my mom. She has been in India since May 2018. Her PR will expire in Dec 2023. My dad who is a Canadian citizen has been residing in USA (for job) since 2019.

She wants to stay in india for another year or two. My question is what are her options regarding PR renewal. How can she apply for renewal, does she has to come back to Canada before Dec 2023 and stay 2 years in Canada and then apply for renewal ? Or is there any other way out.

Please let me know. Thanks.

Firstly, A PR can only apply for a new PR Card if they are in Canada. Only her PR Card expires; her PR status does NOT expire, but can be lost.

Why does your mother want to stay in India? Does he feel that the reason(s) would justify a H&C case to maintain her PR status, should it come to that?

She should NOT apply for a new card until she is in Canada and has enough days to satisfy the Residency Obligation that is required. However, if she does not return to Canada before her card expires, she would have two choices:

1. Apply for a PRTD, which could be denied if she has not met the R.O., which would be devastating because it would mean that her PR status has been revoked. NOT good, obviously.

2. She returns to Canada via the U.S. and enters Canada at a land PoE in a personal vehicle (or on foot). Her expired PR card would be evidence to the CBSA officer that she is a PR, but...the officer could issue a 44(1) report because she has failed to meet the R.O., which is not as bad as option 1, because she would be allowed to enter Canada and could appeal.

Best option is for her to return to Canada ASAP and become compliant with the R.O., then apply for the new card.

 

[bricksonly]

So OP's mother didn't stay with her citizen spouse, thus lost RO right now.
1. Go back to Canada for PR card renewal. Yes, but she has to lie that she's been living with her citizen husband to qualify, or she can declaim citizen husband has been working in India. Anyway, IRCC would verify or not;
2. Go to US and stay with citizen husband, and apply for PR card renewal after two years. It's 100% legal and can do anytime only if she wants to legally go back Canada with PR status. She can apply PRTD at that time or just go through land entry with an expired PR card.
3. Renounce PR and apply for spouse PR again until she's ready.
I guess the second one meets OP's mom's needs.

 

[canuck78]

So OP's mother didn't stay with her citizen spouse, thus lost RO right now.
1. Go back to Canada for PR card renewal. Yes, but she has to lie that she's been living with her citizen husband to qualify, or she can declaim citizen husband has been working in India. Anyway, IRCC would verify or not;
2. Go to US and stay with citizen husband, and apply for PR card renewal after two years. It's 100% legal and can do anytime only if she wants to legally go back Canada with PR status. She can apply PRTD at that time or just go through land entry with an expired PR card.
3. Renounce PR and apply for spouse PR again until she's ready.
I guess the second one meets OP's mom's needs.

Number one option is fraud and not only can you lose PR but you can receive a ban from Canada for many years. Very easy to determine if a couple has not been living together.

 

[canuck78]

Hi Guys, I have question regarding PR renewal for my mom. She has been in India since May 2018. Her PR will expire in Dec 2023. My dad who is a Canadian citizen has been residing in USA (for job) since 2019.

She wants to stay in india for another year or two. My question is what are her options regarding PR renewal. How can she apply for renewal, does she has to come back to Canada before Dec 2023 and stay 2 years in Canada and then apply for renewal ? Or is there any other way out.

Please let me know. Thanks.

The biggest issue is that if your mother returns to Canada after December 2023 and is not reported in most provinces she will not qualify for provincial health care until she gets a new PR card. That would mean 2+ years without access to free public healthcare. What province will she be living in? Is she prepared to remain in Canada for around 2.5 years without leaving?

 

[tomlee1986]

So OP's mother didn't stay with her citizen spouse, thus lost RO right now.
1. Go back to Canada for PR card renewal. Yes, but she has to lie that she's been living with her citizen husband to qualify, or she can declaim citizen husband has been working in India. Anyway, IRCC would verify or not;
2. Go to US and stay with citizen husband, and apply for PR card renewal after two years. It's 100% legal and can do anytime only if she wants to legally go back Canada with PR status. She can apply PRTD at that time or just go through land entry with an expired PR card.
3. Renounce PR and apply for spouse PR again until she's ready.
I guess the second one meets OP's mom's needs.

Bad advice for number 1 - whatever you do, DO NOT LIE to IRCC EVER! That’s fraud and misrepresentation, and could lead to criminal prosecution & deportation!