Question to LEON about PR

[Kalin2k]

Hi there,

My wife get PR in 2007 with expired date 2012. She was in Canada only about 3 months and after that back to Poland to finish her university (till 2010) then we get marriage in 2010 and our son born in 2012. Now we would like to back to Canada. I applied for a student visa cause I got a letter of acceptance from NAIT (in Edmonton) and we just have the problem how my wife can back to Canada. From Poland we don't need to have visa so it's possible for her to came on travel document(passport) and renew PR in Canada? or she should apply for a student visa as well? of course our son will came with us. Unfortunately we don't have time cause we need to be in Canada in half of December.

with regards,
Maciej

 

[Alurra71]

Your wife can attempt to enter Canada without being reported for missing her RO. If she doesn't require a visa to enter, the odds are greater than if she did, obviously. She can NOT renew her PR until her RO is met again, which means 730 days AFTER she manages to get back to Canada. She can not apply for a study visa, if she does this, it will alert CIC that something is amiss with her RO and will likely trigger them to begin looking.

If she manages to get into Canada without being reported, then you will have to figure out what to do from there.

Good luck

 

[Leon]

Like Alurra said, if she is not reported on entry, she can bring her PR status back into good standing by staying for 2 years straight without applying for anything from immigration. As a PR, she must have had a SIN or she could get one. This would allow her to work. However, without a valid PR card, she may run into problems getting a drivers license, health care etc.

If she does get reported on entry, she has the option to appeal for her PR which would allow her to renew her PR card for a year at a time and she would be able to stay in Canada as a PR during her appeal processing which can take 1-2 years. However, unless she has solid reasons for not being able to meet the RO, she will lose the appeal.
Another option would be to renounce her PR on entry and once that goes through, she could apply for an open work permit based on your study permit.

 

[Kalin2k]

So,
she can enter to Canada by her biometrical passport and it's not a problem. She got hes SIN number so in that case she can apply for ESL? We got internasional driving licence(DL) so we can drive a car for a 3 months. before that I knew that I can take a test for Canadian DL. In that what you sayng my wife cannot do that.
What if she try to renew PR when she will be inside Canada?

 

[Mike Z]

Dear Leon,

My wife is living in Canada, her PR will expire in July 2015, and by July 22, 2015, she will have 736 days as a total days living in Canada. She will apply of course to renew her PR card any time after July 22, 2015.

My question:

Can she leave Canada after July 22, 2015 to go back home to visit family and relatives during summer time or she has to stuck until she gets the new PR? I think the renewal will take 4-5 months to receive it? She does not have an exempted passport from visa to Canada.

What will happen if she leaves and come back to Canada before the school time in Sep 1st and tell them if they ask that the PR is being in renewal process but not received yet and here are the documents?

 

[Alurra71]

So,
she can enter to Canada by her biometrical passport and it's not a problem. She got hes SIN number so in that case she can apply for ESL? We got internasional driving licence(DL) so we can drive a car for a 3 months. before that I knew that I can take a test for Canadian DL. In that what you sayng my wife cannot do that.
What if she try to renew PR when she will be inside Canada?

She should not try to renew her PR card AT ALL until she has a mininum of 730 days inside Canada. If she tries to renew prior to that she will put her PR in jeopardy and will likely lose it.

 

[Alurra71]

Dear Leon,

My wife is living in Canada, her PR will expire in July 2015, and by July 22, 2015, she will have 736 days as a total days living in Canada. She will apply of course to renew her PR card any time after July 22, 2015.

My question:

Can she leave Canada after July 22, 2015 to go back home to visit family and relatives during summer time or she has to stuck until she gets the new PR? I think the renewal will take 4-5 months to receive it? She does not have an exempted passport from visa to Canada.

What will happen if she leaves and come back to Canada before the school time in Sep 1st and tell them if they ask that the PR is being in renewal process but not received yet and here are the documents?

If your wife applies with only 736 days in Canada and then leaves, she runs the risk of running out of RO again. The RO is any rolling 5 year time span. Make sure to look at the time frame she wishes to be out of the country. If she is gone for say 60 days, and you subtract those 60 days from her total number of days in Canada will she still meet the RO? Because your wife requires a visa or a PR card to get back to Canada, it is not wise for her to leave again with so few RO days. She would need to apply for a PRTD from her home country in order to be allowed to board her flight back to Canada. If it were me, I would not risk it.

 

[Kalin2k]

She should not try to renew her PR card AT ALL until she has a mininum of 730 days inside Canada. If she tries to renew prior to that she will put her PR in jeopardy and will likely lose it.

ok thank's for that.
and another question. If she had expired PR can she study or something cause she got SIN number?

 

[Alurra71]

ok thank's for that.
and another question. If she had expired PR can she study or something cause she got SIN number?

She SHOULD be able to study at resident costs because she is a PR of Canada. As stated earlier, her biggest issues are likely going to come in the form of getting a new health card and/or driving license. Each province works a bit differently. The only thing she must avoid, if she gets past CBSA without being reported, is anything to do with immigration. So, no PR renewal, no sponsorships for you or your son, nothing from immigration.

 

[Kalin2k]

Allura71 or Leon
thanks a lot for your help.
I got more questions.

First of all is, there is a question when I apply for a student visa that : Did I travel with some one with PR? what should be the answer.
2) Did I put my wife on my visa?
3) How we travel with our son if my wife will travel only on the passport and I'll have student visa and my son to. Did I need letter that my wife allow me to travel with son?
4) Travel visa is for max 6 months, so what next my wife should to do to stay in Canada?

on the other hand maybe apply for a TD then immigration will see that PR is expired and she hadn't have more than 730 days in Canada so they will cancel her PR and then she can apply for a student visa and after 2 years apply for PR?

 

[Mike Z]

If your wife applies with only 736 days in Canada and then leaves, she runs the risk of running out of RO again. The RO is any rolling 5 year time span. Make sure to look at the time frame she wishes to be out of the country. If she is gone for say 60 days, and you subtract those 60 days from her total number of days in Canada will she still meet the RO? Because your wife requires a visa or a PR card to get back to Canada, it is not wise for her to leave again with so few RO days. She would need to apply for a PRTD from her home country in order to be allowed to board her flight back to Canada. If it were me, I would not risk it.

Thank you Alurra71

 

[Abu Baker]

hi my pr card was expire in 23october 2014 i ave compleated 736 days in canada with 1 year expire and when i applyed after 4 monts they send me letter that want my last 5 yers passport copy all pages i just want to now how long they will take more and will i get any problume for renewl.

brst regars
abu

 

[Abu Baker]

Hi how are you I have dont my citizenship test on Oct 17 2019 it's been almost 5 month when can I expect oath date I did the test at scarborough center and I pass