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Renewal of PR Card

JeannieJay12

Newbie
May 18, 2020
6
0
Hi, my PR card expired in Aug 2019 , I came to Canada in May 2014 and I left Canada in Feb 2016 after my son was born. Due to some health issues, mother is a cancer patient and no one to take good care of her, I couldn't come back on time. I did manage to come before PR card expired but the border officer told me that I did not meet the residency obligation . Yes, I am well aware it sand she told me, that in order for me to get the renewal, I would need to stay in Canada for complete 2 years. It's merely impossible as my old mother will be all alone in my home country. Despite all that, we submitted all relevant document , my mother's medical history as she need to undergo another surgery on Oct 2019. We submitted it as Urgent and stayed in Canada for a month. I came back to home country on 3rd week of September, as they were no calls or email from CIC event hough we indicate it as "URGENT". I did receive my UCI no but till todate no update on the application. Do I need to appeal or can I apply for PR travel document and return to Canada. My son is a born Canadian, he is 4 years.

Another question is I have been declaring income tax as working abroad and my son is still received is CCB. As for this year, do I still need to declare as I no longer have a Valid PR. If I don't declare will my son loose his CCB , if I don't declare my income tax
 

PMM

VIP Member
Jun 30, 2005
24,416
1,513
Hi

Hi, my PR card expired in Aug 2019 , I came to Canada in May 2014 and I left Canada in Feb 2016 after my son was born. Due to some health issues, mother is a cancer patient and no one to take good care of her, I couldn't come back on time. I did manage to come before PR card expired but the border officer told me that I did not meet the residency obligation . Yes, I am well aware it sand she told me, that in order for me to get the renewal, I would need to stay in Canada for complete 2 years. It's merely impossible as my old mother will be all alone in my home country. Despite all that, we submitted all relevant document , my mother's medical history as she need to undergo another surgery on Oct 2019. We submitted it as Urgent and stayed in Canada for a month. I came back to home country on 3rd week of September, as they were no calls or email from CIC event hough we indicate it as "URGENT". I did receive my UCI no but till todate no update on the application. Do I need to appeal or can I apply for PR travel document and return to Canada. My son is a born Canadian, he is 4 years.

Another question is I have been declaring income tax as working abroad and my son is still received is CCB. As for this year, do I still need to declare as I no longer have a Valid PR. If I don't declare will my son loose his CCB , if I don't declare my income tax
1. You are going to have to apply for a PRTD to get back to Canada. Probably have to demonstrate H&C reasons for residing abroad.
2. As to your second question, you weren't eligible to collect CCB while your child was living abroad. You are probably going to have to pay it back.
 
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JeannieJay12

Newbie
May 18, 2020
6
0
My son is a born Canadian,does he still need to pay it back so he is only eligible when he is back. I have been declaring income tax ever since we are abroad.

Can I email or call CIC to find out the status of the my application or shall I just apply PRTD. I am not sure , now when is it safe to travel due to Covid19.
 

canuck78

VIP Member
Jun 18, 2017
25,716
5,550
My son is a born Canadian,does he still need to pay it back so he is only eligible when he is back. I have been declaring income tax ever since we are abroad.

Can I email or call CIC to find out the status of the my application or shall I just apply PRTD. I am not sure , now when is it safe to travel due to Covid19.
Yes you can contact CIC about your attempt to renew. Did you give a Canadian address as your contact? At this point you may need to apply for PRTD based on H&C if you want to try and return. It often takes many months so you should apply 6+ months before you want to leave.

You didn’t qualify for CCB as has already been mentioned. You should be cancelling your CCB immediately and make arrangements to pay back any of the funds you received while your child was abroad. The longer you wait the more you have to pay back for claiming a benefit you were not entitled to. Not sure why you thought you qualified as it is pretty clear that parent and child need to be living in Canada. You can file income tax as a non-resident if you really want but you don’t have to. Filing income tax as a resident and a non-resident are very different.
 
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JeannieJay12

Newbie
May 18, 2020
6
0
Thank you for your reply. But I have to understand something here. 1st I declare my income as working abroad yearly to CRA, so aren't they aware that I am staying abroad and yet still paying CCB.

2nd , my PR card is expired and not my residency status, so I still can file as resident. Correct me if I am wrong, PR card expires is not residency status. Correct
 

canuck78

VIP Member
Jun 18, 2017
25,716
5,550
Thank you for your reply. But I have to understand something here. 1st I declare my income as working abroad yearly to CRA, so aren't they aware that I am staying abroad and yet still paying CCB.

2nd , my PR card is expired and not my residency status, so I still can file as resident. Correct me if I am wrong, PR card expires is not residency status. Correct
Unfortunately CRA doesn’t audit well so it can take a while before you get a note asking you to pay back things. CRA usually contacts people by domestic mail first.

You can’t decide whether you are a resident or not. Unless you have some residential ties you aren’t mentioning (like a spouse living and working in Canada) you are a non-resident which CRA should also flag if you are filing as a resident and not as a resident. For example if someone lived outside Canada where the average salary is $100/month why would Canada allow people to file as a resident and pay income taxes on their salary of $1200/year. They would receive tax credits and other benefits worth more than their yearly income. CCB is to support Canadian residents with the high cost of raising a child. The money also helps raise child poverty in Canada and adds money back into the Canadian economy.
 

JeannieJay12

Newbie
May 18, 2020
6
0
How do I determine if I am a resident or non. My PR card expired but I am staying outside Canada. Last yr I declared and I had to pay CAD 1600 by declaring my working abroad income.

Anyway, I will get in touch with CRA and I have no issues in returning every single cents back to CRA.
 

canuck78

VIP Member
Jun 18, 2017
25,716
5,550
How do I determine if I am a resident or non. My PR card expired but I am staying outside Canada. Last yr I declared and I had to pay CAD 1600 by declaring my working abroad income.

Anyway, I will get in touch with CRA and I have no issues in returning every single cents back to CRA.
What kind of residential ties do you have in Canada since you left in 2016? Do you own a home, have a spouse, other investments, etc. There is a form you can fill out if you have doubts whether you are a resident or non-resident for tax purposes. Given your brief description you sound like a non-resident. You would get anything you paid in taxes on your income back but any benefits or tax credits you received would need to be returned.
 

dpenabill

VIP Member
Apr 2, 2010
4,314
1,459
Thank you for your reply. But I have to understand something here. 1st I declare my income as working abroad yearly to CRA, so aren't they aware that I am staying abroad and yet still paying CCB.

2nd , my PR card is expired and not my residency status, so I still can file as resident. Correct me if I am wrong, PR card expires is not residency status. Correct
For further clarification:

Being a Permanent Resident means having the immigration status of a PR. A Canadian PR remains a PR no matter where in the world the PR is a "resident" (although keeping PR status is subject to compliance with the PR Residency Obligation).

That is different from what constitutes being a "resident" in Canada or a Province of Canada.

For example, Canadian citizens likewise have the status of a citizen but whether or not they are a resident of Canada is an entirely separate question.

Many Canadians, both PRs and citizens, are resident in a country other than Canada. And not resident in Canada.


Note, moreover, what constitutes residency can vary depending on the purpose.

For purposes of filing an income tax return as a "resident" or "non-resident," the CRA rules apply.

For purposes related to eligibility for various benefits available to Canadians (both PRs and citizens), many if not most such benefits have a residency requirement. Some, like provincial health care in some provinces, may require the individual BOTH be a resident of the province AND also meet a minimum physical presence requirement. Who is a "resident" for these purposes is dictated by the regulations, rules, policies, and practices applicable to the provincial benefits as prescribed by the province. (OHIP, in Ontario, works this way for example, such that to be eligible for OHIP an individual must be a resident of Ontario AND also be physically present in the province at least 153 days in the calendar year . . . and there are other requirements, including having immigration status to be a legal resident).


How do I determine if I am a resident or non. My PR card expired but I am staying outside Canada. Last yr I declared and I had to pay CAD 1600 by declaring my working abroad income.

Anyway, I will get in touch with CRA and I have no issues in returning every single cents back to CRA.
As noted, for purposes of tax filing status, who is a resident or non-resident is determined by CRA rules. A tax question. This forum is notoriously NOT a credible or reliable source of information for TAX questions.
 

JeannieJay12

Newbie
May 18, 2020
6
0
So meaning , if I stay outside of Canada, I am not a resident. But my PR status is still valid. By the way, are you a qualified imigration lawyer. I think I will get in touch with some so move further. I would like return back to Canada once the Covid19 is settle down a bit.
 

dpenabill

VIP Member
Apr 2, 2010
4,314
1,459
So meaning , if I stay outside of Canada, I am not a resident. But my PR status is still valid. By the way, are you a qualified imigration lawyer. I think I will get in touch with some so move further. I would like return back to Canada once the Covid19 is settle down a bit.
I am not any kind of Canadian lawyer. Nor an immigration professional of any sort. (I think this question was not directed to me, but to be clear, no I am not, and with rare exceptions, most of the responses here are NOT from immigration professionals or lawyers.)

". . . if I stay outside of Canada, I am not a resident."​

It can be more complicated than that. But, usually, if a Canadian (again, either a PR or citizen) is living in another country, sure, that individual is likely to be a resident of that other country and not a resident of Canada.

"But my PR status is still valid."​

Whether it is or is not, that is matter separate from where it is a person is an in fact "resident." Again, where a person is a "resident" can vary depending on the purpose. Again, residency for purposes of tax filing status is dictated by CRA rules. Not immigration law or rules.
 

canuck78

VIP Member
Jun 18, 2017
25,716
5,550
If you are unsure of whether you are a resident for tax purposes you should be contacting CRA.

Your PR status will eventually be determined when your H&C case is determined. By leaving you have essentially not met your RO again since it is now a rolling total. Your options are to try and enter via the US, apply for a PRTD based on H&C or wait and see if you get a new PR card. You do risk being reported again when you enter. You should be planning on returning for 2 years.
 
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JeannieJay12

Newbie
May 18, 2020
6
0
Thank you for all your reply. Having an old age mother as a cancer patient, is very difficult for me. Not returning back for 2 years, is possible if I take my mum along. I will get in touch with CRA . Once with Covid19, I don't think it is safe to travel. Once it's is settle down, I will try to apply for PRTD submitting all my mother's medical history of why I couldn't return back to Canada and at the same time, will get in touch with CRA. Tq
 

canuck78

VIP Member
Jun 18, 2017
25,716
5,550
When did you actually get PR? Yes you can submit PRTD based on H&C if you can show that there was no other family member in your home country that could have cared for her and proof of her ongoing cancer treatment. Records of treatment, hospitalization, etc. Do you have a spouse in Canada or in your home country? Covid will go on for quite some time so when flights are running and if the country is not in lockdown you should be preparing to return to Canada if your mother is in remission.