I landed with my family in March 2007 and stayed for 20 days in Canada and then left,I never went back and continued with my job in middle east.My PR card is expiring in March 2012.Due to my loan obligations I must spend 2012 away from Canada.I want to permanently reside in Canada from January 2013.Is their any way to do that or I must immediately clear all my loan obligations here and must travel to Canada but again my card will expire very soon.What must I do?I can fly to Canada since still the card is valid but what will be my status after expiry of my card after 2-3 months?Please advice.
Renewal of nearly expired PR cards without meeting residency obligations
- Thread starter rizco70
- Start date
If you want to keep your PR, you should come back to Canada before your PR card expires. There is a chance that you will be caught as you enter and they will report you for not meeting the residency requirements. If they do, you may lose your PR.
If they don't report you, you should stay for at least 2 years and then you can apply to renew your PR card. Your status in Canada is still fine even if your PR card is expired. There is no law that says you must have a PR card. You only need it to re-enter if you leave Canada.
When you eventually apply for a PR card again after 2 years in Canada, you will not have any problems as immigration rules state that they can only look at the 5 year period immediately before you apply.
If they don't report you, you should stay for at least 2 years and then you can apply to renew your PR card. Your status in Canada is still fine even if your PR card is expired. There is no law that says you must have a PR card. You only need it to re-enter if you leave Canada.
When you eventually apply for a PR card again after 2 years in Canada, you will not have any problems as immigration rules state that they can only look at the 5 year period immediately before you apply.
Thank you very much Leon for your quick reply.Due to my financial obligations in middle east and bad health of my parents I will not be in a position to immediately travel to Canada on a permanent basis but will definitely do so and that will take another year what will be a way forward for me.Will I be able to get travel document after prolonged expiry(1 year) of PR.What should I do.Will the Canadian authorities ban me for life because of my expired PR.Can I reapply as a fresh case in future.Should I take a immigration consultant services.Again I wish to thank you and all your mates for providing valuable advice.
The problem if you let your PR card expire is that you will most likely need a travel document unless you are in the US and can cross at the land border.
When you apply for a travel document, you will have to list your absences from Canada. With almost no time in Canada, it is very unlikely that you will get it. You mention the bad health of your parents as a reason you can't go to Canada now. If your parents are seriously ill, that could be seen as humane and compassionate grounds for not having been able to meet your residency requirements but you mention plans of moving only after you pay off your debts which leads me to believe that your parents health is not the reason you are staying away. Besides, you have no guarantee that your parents health will be better in 2013. Paying off debts will not be seen as humane and compassionate grounds for not meeting the residency requirements.
When you apply for a travel document and don't get it, they will most likely revoke your PR at the same time. You could then apply again if you still qualify. It is up to you if you hire an immigration consultant or do your own paperwork.
When you apply for a travel document, you will have to list your absences from Canada. With almost no time in Canada, it is very unlikely that you will get it. You mention the bad health of your parents as a reason you can't go to Canada now. If your parents are seriously ill, that could be seen as humane and compassionate grounds for not having been able to meet your residency requirements but you mention plans of moving only after you pay off your debts which leads me to believe that your parents health is not the reason you are staying away. Besides, you have no guarantee that your parents health will be better in 2013. Paying off debts will not be seen as humane and compassionate grounds for not meeting the residency requirements.
When you apply for a travel document and don't get it, they will most likely revoke your PR at the same time. You could then apply again if you still qualify. It is up to you if you hire an immigration consultant or do your own paperwork.
Thanks Leon,for your kind help in advicing troubled souls like me.Please advice in reference to my scenario ( with hardly 2 months remaining for PR expiration for me and my family and we hardly spent 20 days out of 5 years in Canada) about the chances that me and family will be reported and prevented for entry in Canada.If I succeed in entering Canada I will encounter following issues and need some advice on themLeon said:If you want to keep your PR, you should come back to Canada before your PR card expires. There is a chance that you will be caught as you enter and they will report you for not meeting the residency requirements. If they do, you may lose your PR.
If they don't report you, you should stay for at least 2 years and then you can apply to renew your PR card. Your status in Canada is still fine even if your PR card is expired. There is no law that says you must have a PR card. You only need it to re-enter if you leave Canada.
When you eventually apply for a PR card again after 2 years in Canada, you will not have any problems as immigration rules state that they can only look at the 5 year period immediately before you apply.
1.What problems I can possibly face in Canada in relation to my children education,my wife who was recorded during landing to be under medical survelliance because of a dormant disease and any other situation in which Government needs legal resident proof.
2.What will be the status of any new born child with in the 2 years time frame (PR expired status).
3.I understand that I must stay for 2 years continous before applying for PR but due to bad health of my parents a necessity can arrive anytime within coming 2 years in which I must go back to my home country.If I leave behind my family and travel out of Canada alone will I be able to get a travel document for re-entering Canada.
Thanks for your help mate.
I can not tell you exactly what the chances are but from what people say who have entered at the border without meeting the residency requirements, they are often given a strict lecture, they may even be told that their PR is gone but it does not seem common that they are reported for not meeting the requirements. In any case, they will let you into Canada but if they report you, you will have to appeal for your PR. You can state that your parents health kept you away but they will want proof of that.rizco70 said:Thanks Leon,for your kind help in advicing troubled souls like me.Please advice in reference to my scenario ( with hardly 2 months remaining for PR expiration for me and my family and we hardly spent 20 days out of 5 years in Canada) about the chances that me and family will be reported and prevented for entry in Canada.
I don't know what will happen with your wife's medical surveillance or how they will handle that. If your children have still valid PR cards at the time you register them in school, there will be no problem. If they have expired PR cards but you have their landing documents, you should not have problems either. Applying for health card and a drivers license is better to get done while your PR cards are still valid.rizco70 said:If I succeed in entering Canada I will encounter following issues and need some advice on them
1.What problems I can possibly face in Canada in relation to my children education,my wife who was recorded during landing to be under medical survelliance because of a dormant disease and any other situation in which Government needs legal resident proof.
The status of any child born in Canada is that they are Canadian citizens at birth unless the parents are foreign diplomats.rizco70 said:2.What will be the status of any new born child with in the 2 years time frame (PR expired status).
There is no guarantee that you can get a travel document to return. If that happens and your PR status gets revoked, your spouse can complete the 2 years, renew your PR card and sponsor you for PR again.rizco70 said:3.I understand that I must stay for 2 years continous before applying for PR but due to bad health of my parents a necessity can arrive anytime within coming 2 years in which I must go back to my home country.If I leave behind my family and travel out of Canada alone will I be able to get a travel document for re-entering Canada.
Thanks Leon,for your patience in answering my queries.I am putting forward all my options here before taking any decision and I seriously need your advice and all the other champions advice as well.
Option 1 Looking at my situation where I have completed only 20 days of Canada residency in 5 years period and my PR card only 2 months away from expiry,will it be a correct move to resign from present job and pack the bags up along with family for Canada?Back of my mind I am afraid that on airport the IO will take the issue of not meeting residency obligation seriously and will report me and my family. What will happen after?Does my appeal have any chance given the statistics against me.?
Option 2 Please look at the second option One of the reasons of why I am unable to meet residency obligation is due to my mothers (alzheimer's disease).She is back in my native country and I or my wife had to do visits (3 times) a year for the past 3 years to look after her although my mother stays with my father who is also old.Presently my brother has resigned from his job to look after my mother and is staying full time with her.I am planning to take all the documents related to my mothers sickness along with a doctors letter in this regard and will apply based on humanitarian and compassionate ground.Now my question.This H & C application must be done by me from inside Canada or it can be done from middle east in the country where I am staying at present?
Any other option or suggestion is highly welcomed.
Thanks for your valuable advice.
Option 1 Looking at my situation where I have completed only 20 days of Canada residency in 5 years period and my PR card only 2 months away from expiry,will it be a correct move to resign from present job and pack the bags up along with family for Canada?Back of my mind I am afraid that on airport the IO will take the issue of not meeting residency obligation seriously and will report me and my family. What will happen after?Does my appeal have any chance given the statistics against me.?
Option 2 Please look at the second option One of the reasons of why I am unable to meet residency obligation is due to my mothers (alzheimer's disease).She is back in my native country and I or my wife had to do visits (3 times) a year for the past 3 years to look after her although my mother stays with my father who is also old.Presently my brother has resigned from his job to look after my mother and is staying full time with her.I am planning to take all the documents related to my mothers sickness along with a doctors letter in this regard and will apply based on humanitarian and compassionate ground.Now my question.This H & C application must be done by me from inside Canada or it can be done from middle east in the country where I am staying at present?
Any other option or suggestion is highly welcomed.
Thanks for your valuable advice.
If you claim that you could not fulfil your residency requirements due to your mothers illness, you have a very good chance that they will let you into Canada without a problem but they will tell you that when you apply to renew your PR cards, you must prove what you said.
With proof of your mothers illness, you could apply to renew your PR cards right away stating that you have been unable to meet the requirements on H&C grounds but staying 2 years without applying is safer. If you stay two years, they can't refuse. If you apply right away using H&C grounds, they could refuse your application if they do not believe you have good enough reasons.
With proof of your mothers illness, you could apply to renew your PR cards right away stating that you have been unable to meet the requirements on H&C grounds but staying 2 years without applying is safer. If you stay two years, they can't refuse. If you apply right away using H&C grounds, they could refuse your application if they do not believe you have good enough reasons.
Dear Leon,
Please clarify that as I wish to submit a renewal of my PR form before completion of 2 years which application must be filled by me for renewal of PR on H & C ground.
Do I have to fill IMM5444 and IMM5455 OR I must fill IMM0008 and follow guide 5291 related to H & C.
Please help me and God bless you.
Thanks.
I am going ahead along with my family for travelling to Canada.Along with me I am carrying the documents related to my mothers sickness to support my claim of non ful filment of my residency obligation due to the same reason.Leon said:If you claim that you could not fulfil your residency requirements due to your mothers illness, you have a very good chance that they will let you into Canada without a problem but they will tell you that when you apply to renew your PR cards, you must prove what you said.
With proof of your mothers illness, you could apply to renew your PR cards right away stating that you have been unable to meet the requirements on H&C grounds but staying 2 years without applying is safer. If you stay two years, they can't refuse. If you apply right away using H&C grounds, they could refuse your application if they do not believe you have good enough reasons.
Please clarify that as I wish to submit a renewal of my PR form before completion of 2 years which application must be filled by me for renewal of PR on H & C ground.
Do I have to fill IMM5444 and IMM5455 OR I must fill IMM0008 and follow guide 5291 related to H & C.
Please help me and God bless you.
Thanks.
IMM 0008 is not for PR's, it is for non-PR's who are applying for PR for the first time.
When you apply to renew your PR card, use the forms here: http://www.cic.gc.ca/english/information/applications/prcard.asp but to explain how many days you have spent outside Canada, you can provide your own letters and documents to prove what you say.
However, you should keep in mind that they could refuse based on the fact that you have not been living with your mother, you have just been going to visit her 3 times a year. They could say that you could have stayed in Canada and visited her 3 times a year although I am sure it would have been expensive but in any case, they could say that the main reason you didn't meet the residency requirements was not the illness of your mother because if you did not even have to live in the same town as her, how much care did she really need.
Waiting for 2 years is much safer. Besides, if you were thinking that you could just renew your PR cards and leave again, think again. A H&C application to renew your PR will take even longer than a normal application and a normal one already takes several months. Add to that that you will still have to meet the residency requirements from now on, even if you get the PR card renewed this time. For example, if you are allowed to renew your PR card but then leave again and something happens to the PR card while you are outside Canada and you end up having to apply for a travel document, when they see that you had renewed your PR under special circumstances and then had left Canada again, they may well refuse the travel document.
When you apply to renew your PR card, use the forms here: http://www.cic.gc.ca/english/information/applications/prcard.asp but to explain how many days you have spent outside Canada, you can provide your own letters and documents to prove what you say.
However, you should keep in mind that they could refuse based on the fact that you have not been living with your mother, you have just been going to visit her 3 times a year. They could say that you could have stayed in Canada and visited her 3 times a year although I am sure it would have been expensive but in any case, they could say that the main reason you didn't meet the residency requirements was not the illness of your mother because if you did not even have to live in the same town as her, how much care did she really need.
Waiting for 2 years is much safer. Besides, if you were thinking that you could just renew your PR cards and leave again, think again. A H&C application to renew your PR will take even longer than a normal application and a normal one already takes several months. Add to that that you will still have to meet the residency requirements from now on, even if you get the PR card renewed this time. For example, if you are allowed to renew your PR card but then leave again and something happens to the PR card while you are outside Canada and you end up having to apply for a travel document, when they see that you had renewed your PR under special circumstances and then had left Canada again, they may well refuse the travel document.
Leon,I fully agree with the reasoning provided by you and I understand that consequently cause of this reasoning they can revoke my PR but my mind can not think of any other way to defend revoking of my PR although the circumstances were against me.This is my last effort.In case they revoke my PR then I will reapply for immigration as FSW.My dreadful nightmare in reapplying will be that I have stayed in Saudi Arabia for more then 6 years and if I have to get a police clearance certificate from their in the present scenario when I am in UAE in a job it is going to be an uphill task.I don'nt know how to get a PCC from Saudi without physically being there.With your immense knowledge may be you can suggest something.Leon said:However, you should keep in mind that they could refuse based on the fact that you have not been living with your mother, you have just been going to visit her 3 times a year. They could say that you could have stayed in Canada and visited her 3 times a year although I am sure it would have been expensive but in any case, they could say that the main reason you didn't meet the residency requirements was not the illness of your mother because if you did not even have to live in the same town as her, how much care did she really need.
Due to my parents ill health I am not in a position to forget leaving Canada 2 years for some short trips since any medical emergency may arise anytime for which I must travel to India my native country and that is the reason I must have a valid PR.I will definitely stick with the PR obligation once I get a renewal.Leon said:Waiting for 2 years is much safer. Besides, if you were thinking that you could just renew your PR cards and leave again, think again. A H&C application to renew your PR will take even longer than a normal application and a normal one already takes several months. Add to that that you will still have to meet the residency requirements from now on, even if you get the PR card renewed this time. For example, if you are allowed to renew your PR card but then leave again and something happens to the PR card while you are outside Canada and you end up having to apply for a travel document, when they see that you had renewed your PR under special circumstances and then had left Canada again, they may well refuse the travel document.
Thanks Leon for extending your valuable guidance.
Instructions on obtaining a PCC without physically being there are provided on the CIC site:rizco70 said:My dreadful nightmare in reapplying will be that I have stayed in Saudi Arabia for more then 6 years and if I have to get a police clearance certificate from their in the present scenario when I am in UAE in a job it is going to be an uphill task.I don'nt know how to get a PCC from Saudi without physically being there.
http://www.cic.gc.ca/english/information/security/police-cert/mid-east/saudi-arabia.asp
Hello everyone,
Please advice regarding my case.
I entered Canada via Toronto on 28th October 2008. Stayed with our relatives , my son began schooling immediately and we invested in a property for which I am paying a biweekly mortgage which is in my name though the property is in joint ownership. In the interim, we opened a joint bank account and also got our driving licenses (G2) done.
Since I had a job offer out of Canada (having to put bread on the table), I pursued it with the intention of returning to Canada after completing 3 years (to meet the 730 days out of 5 years from date of landing requirement for PR renewal) and generating some savings.
In the meantime, my mother who was detected with a life threatening illnesss back in 2002 for which remedial action was taken as it was in a very preliminary stage redeveloped the symptoms in April 2011 and was diagonised with the same illness but now at a secondary stage (i.e.advanced stage) .She undervent a series of treatments subsequently and by Gods grace is alive and off late showing signs of recovery, though the Doctors have given up on her based on the medical reports.She lives with my siblings in my country of origin, though I travel often to meet her/be with her atleast 6 times in a year on short vacations since I work in a neighbouring country (nearer to my country of origin). My family (wife and son) in the meanwhile are well settled as we invested in property (of which I am a joint owner) in Canada and wife has landed a contractual job recently and drives to work. They would be eligible for Canadian Citizenship by April end 2012. They both come over to visit me and stay with me during my sons summer vacation once a year.
I intented to return back as stated earlier on completion of the 3 years out of Canada in April 2012 ( as I had been taking vacations in Canada over the past 3 years and had stayed initially for 2 months).Since the development of my moms health issue. I now intent to stay away from Canada till time permits me as my PR card expired in Nov 2013. Would I be risking losing my PR status? or can I safely enter into Canada with all valid medical reports of my moms case when I return for good and would I be able to get a waiver for not meeting the 730 days while reapplying for a new PR card after Nov 2013? All advice/suggestions/thoughts are most welcome.
Please advice regarding my case.
I entered Canada via Toronto on 28th October 2008. Stayed with our relatives , my son began schooling immediately and we invested in a property for which I am paying a biweekly mortgage which is in my name though the property is in joint ownership. In the interim, we opened a joint bank account and also got our driving licenses (G2) done.
Since I had a job offer out of Canada (having to put bread on the table), I pursued it with the intention of returning to Canada after completing 3 years (to meet the 730 days out of 5 years from date of landing requirement for PR renewal) and generating some savings.
In the meantime, my mother who was detected with a life threatening illnesss back in 2002 for which remedial action was taken as it was in a very preliminary stage redeveloped the symptoms in April 2011 and was diagonised with the same illness but now at a secondary stage (i.e.advanced stage) .She undervent a series of treatments subsequently and by Gods grace is alive and off late showing signs of recovery, though the Doctors have given up on her based on the medical reports.She lives with my siblings in my country of origin, though I travel often to meet her/be with her atleast 6 times in a year on short vacations since I work in a neighbouring country (nearer to my country of origin). My family (wife and son) in the meanwhile are well settled as we invested in property (of which I am a joint owner) in Canada and wife has landed a contractual job recently and drives to work. They would be eligible for Canadian Citizenship by April end 2012. They both come over to visit me and stay with me during my sons summer vacation once a year.
I intented to return back as stated earlier on completion of the 3 years out of Canada in April 2012 ( as I had been taking vacations in Canada over the past 3 years and had stayed initially for 2 months).Since the development of my moms health issue. I now intent to stay away from Canada till time permits me as my PR card expired in Nov 2013. Would I be risking losing my PR status? or can I safely enter into Canada with all valid medical reports of my moms case when I return for good and would I be able to get a waiver for not meeting the 730 days while reapplying for a new PR card after Nov 2013? All advice/suggestions/thoughts are most welcome.