PR Renewal with few days stayed in Canada

[supertramp]

Hello,

I would appreciate any help, I'm a bit confused and trying to sort out what needs to be done.

I received my PR card in August 2007 and it expires next month in September. I want to renew my PR card but I only stayed in Canada for 70-75 days (mostly visits) because:

1. I was a college Sophmore in the US when I got my PR card, I was sponsored by my home country and when I applied to Canadian universities for Transfer (2007-2008 academic year) I was rejected.

2. I graduated from the US in May 2009 and got rejected from the Canadian universities I applied to for my Masters degree.

3. I got accepted to the UK for my Masters degree and graduated in January 2011.

4. I returned home (not Canada) as I was unemployed and couldn't afford to live in Canada while actively applying to jobs primarily in Canada.

5. In October 2011, I had a surgery and was ordered by my physician to not travel (for observation and frequent follow-ups) for 3-4 months.

I want to maintain my status as a Canadian PR and work/live there. but as I outlined above things haven't gone in the right direction for me to stay in Canada; I have all the documentation to prove the claims I made.

Is there any point of applying for renewal and then going before the court with the documentation proving the aforementioned circumstances?

Also, if I re-enter Canada and remain there post the expiration date of the PR, will the days spent in Canada with an expired PR count when I decide to re-apply for the renewal of the PR after spending the required days in the country?

Thanks! ;

 

[Leon]

You should return to Canada as soon as possible and before your PR card expires. You may be given a hard time as you enter but make sure you tell them that you have mitigating circumstances and are ready to prove that. Most likely they will let you in without reporting you for not meeting the requirements. If they report you, you will have to appeal for your PR proving everything you said. I have no idea what the odds are that you will win an appeal.

If they let you in without reporting you, you should let your PR card expire and not apply to renew until you have a full 2 years in Canada because then you meet the residency requirements again. There is no law against PR's staying in Canada with an expired PR card and immigration even mentions this possibility in their operational manuals, that is a PR who spends years outside Canada coming back, staying for 2 years and thereby re-enstating his PR.

 

[supertramp]

You should return to Canada as soon as possible and before your PR card expires. You may be given a hard time as you enter but make sure you tell them that you have mitigating circumstances and are ready to prove that. Most likely they will let you in without reporting you for not meeting the requirements. If they report you, you will have to appeal for your PR proving everything you said. I have no idea what the odds are that you will win an appeal.

If they let you in without reporting you, you should let your PR card expire and not apply to renew until you have a full 2 years in Canada because then you meet the residency requirements again. There is no law against PR's staying in Canada with an expired PR card and immigration even mentions this possibility in their operational manuals, that is a PR who spends years outside Canada coming back, staying for 2 years and thereby re-enstating his PR.

Thanks for the reply,

The problem I have is that I have a life outside of Canada that I can't leave in given the little time I have before the card expires. My plan was to go to Canada before the card expires and apply for the renewal and stay there for 3-4 months until I get a decision (approved renewal or appearance before a judge), once the renewal is done, I'd come back home, pack and finalize some things before moving to Canada permanently. Will this plan work at all assuming I get through the POE with no problems?

 

[scylla]

Thanks for the reply,

The problem I have is that I have a life outside of Canada that I can't leave in given the little time I have before the card expires. My plan was to go to Canada before the card expires and apply for the renewal and stay there for 3-4 months until I get a decision (approved renewal or appearance before a judge), once the renewal is done, I'd come back home, pack and finalize some things before moving to Canada permanently. Will this plan work at all assuming I get through the POE with no problems?

I think there's an extremely low probability this plan will work. You have very few days in Canada and no strong ties to the country. If you pursue this plan, assume there's a high change you'll lose your PR status (and assume it will take longer than 3-4 months for the application to be processed given your lack of residency days).

 

[supertramp]

I think there's an extremely low probability this plan will work. You have very few days in Canada and no strong ties to the country. If you pursue this plan, assume there's a high change you'll lose your PR status (and assume it will take longer than 3-4 months for the application to be processed given your lack of residency days).

*sigh* I might take my chances though. When applying for renewal should I attach all the relevant documents in the package or wait and do it before the judge/court?

 

[Leon]

I actually don't think that you will have the best of chances because they generally do not see getting an education as an acceptable reason. I find it hard to believe that no university in all of Canada would accept you back when you got your PR and later for Masters. Having surgery might be an acceptable reason to stay outside but even if you hadn't had it, that was only a year ago so you would have been able to live in Canada for a year which would still not be enough to meet the residency requirements.

If you really want to try this, you would include all your evidence with your PR card renewal application but you can not expect to get a decision in 3-4 months because this is a special case. 3-4 months is normal processing time for people who meet the requirements and you don't so your application is really an appeal to let you keep your PR.

If you leave during the processing of your renewal and immigration finds out that you have left, it will have a bad influence on your application as well as you may have problems getting back once your PR card is expired.

Therefore, because you will have to go now and wait for a long time for your PR renewal, you might as well go now, stay your two years and then renew normally without taking the risk that they will refuse. Can somebody else from your family tie up your loose ends?

 

[supertramp]

I actually don't think that you will have the best of chances because they generally do not see getting an education as an acceptable reason. I find it hard to believe that no university in all of Canada would accept you back when you got your PR and later for Masters. Having surgery might be an acceptable reason to stay outside but even if you hadn't had it, that was only a year ago so you would have been able to live in Canada for a year which would still not be enough to meet the residency requirements.

If you really want to try this, you would include all your evidence with your PR card renewal application but you can not expect to get a decision in 3-4 months because this is a special case. 3-4 months is normal processing time for people who meet the requirements and you don't so your application is really an appeal to let you keep your PR.

If you leave during the processing of your renewal and immigration finds out that you have left, it will have a bad influence on your application as well as you may have problems getting back once your PR card is expired.

Therefore, because you will have to go now and wait for a long time for your PR renewal, you might as well go now, stay your two years and then renew normally without taking the risk that they will refuse. Can somebody else from your family tie up your loose ends?

I appreciate the comprehensive reply, it answered a lot of my questions

I was a Toxicology major and only two universities offered it at Bachelors level and they both rejected me for transfer (I got accepted into my third choice with 0 credits transferred - which was more like starting college all over again).

My sister lives in Canada, but she lives with her roommates and I won't have space there. I was thinking I can fill in the renewal application and give it to her to send my mail and then come to Canada if required (eg. Court). But then I fall into the problem of entering Canada with an expired PR - will the confirmation letter for renewal help at all?

 

[scylla]

I appreciate the comprehensive reply, it answered a lot of my questions

I was a Toxicology major and only two universities offered it at Bachelors level and they both rejected me for transfer (I got accepted into my third choice with 0 credits transferred - which was more like starting college all over again).

My sister lives in Canada, but she lives with her roommates and I won't have space there. I was thinking I can fill in the renewal application and give it to her to send my mail and then come to Canada if required (eg. Court). But then I fall into the problem of entering Canada with an expired PR - will the confirmation letter for renewal help at all?

You're supposed to be in Canada when you file your PR renewal application (you aren't allowed to submit while outside of the country). At this point I wouldn't push your luck by breaking this rule given you're already in violation of the residency obligation. Assuming you end up in front of a judge, this will just serve as further proof that you have absolutely no committment to Canada and are treating your PR status as a convenience. (Sorry if this sounds harsh - just trying to give you the perspective you're likely to hear from CIC.)

 

[Leon]

Agree with Scylla. Actually it is not 100% necessary to be in Canada when the application is filed althought he application must originate in Canada. Therefore I tend to suggest to people who meet the residency requirements but live overseas that they attempt to renew their PR cards in this manner. However, you are appealing for your PR by the skin of your teeth having spent almost no time in Canada so far so using this manner to apply would just be the last proof to immigration that you are not really planning on settling in Canada after all, you just want a new PR card to keep in your back pocket for the next 5 years. Of course you can still try it though. Another option would be to let your PR card expire and apply for a PR travel document in which case the embassy will decide if you get to go back to Canada or not.