Renewing permanent residency after expiry (been unable to meet obligations)

[JS2015]

Hi, I received my PR card in 2011 and it expires next year. Unfortunately, due to my mother's illness, I have been unable to meet the PR obligations. My mother is still ill and I was wondering if it would be possible to renew at a later date even though I have not been in Canada since I received the card. Would I have to start all over again or just pay the $50 to renew? I guess they would simply say start again. I have no way of knowing when I would be able to go back to Canada.

Many thanks in advance.

 

[dpenabill]

Hi, I received my PR card in 2011 and it expires next year. Unfortunately, due to my mother's illness, I have been unable to meet the PR obligations. My mother is still ill and I was wondering if it would be possible to renew at a later date even though I have not been in Canada since I received the card. Would I have to start all over again or just pay the $50 to renew? I guess they would simply say start again. I have no way of knowing when I would be able to go back to Canada.

Many thanks in advance.

If you do not like bad news, perhaps you should skip what follows.

Family obligations matter.

But so does the Canadian PR Residency Obligation.

Life throws difficult challenges our way sometimes. Sometimes we must make heart-wrenching, difficult choices.

Most times, no matter how difficult the choice, we incur the consequences of the choices we make.

Unless you have made some periodic trips to Canada over the course of the last four years, your PR status is seriously at risk.

If you travel to Canada soon, and are allowed to enter without being reported for a breach of the residency obligation, and then stay, you have a fair chance of preserving your status.

You also have a chance based on H&C grounds, based on a compelling need to attend to your ill mother. While I cannot realistically guess what the odds of success are, for making the H&C argument, my sense is that unless you are her one and only relative, the only person who could take care of her during her illness, and the doctors clearly specify (in writing in documents you can present to CIC or CBSA) the need for you to be there to take care of her all this time, the odds are not all that good.

There is no compelling need or reason to renew the PR card. It has no direct effect on your PR status.

And, frankly, you have little chance of renewing the PR card unless and until you have returned to Canada (without being reported for a PR RO breach) and have stayed in Canada for two years. Technically, if you are IN Canada, you could advance H&C reasons and perhaps be issued a PR card sooner. But practically your overall best chance to preserve PR status is to come to Canada, be prepared to make your best H&C case if your residency is questioned at the POE, and if allowed back into Canada without being reported, to then simply live and work in Canada for the next two years before applying for a new PR card, before going abroad again.

Your situation makes my heart ache. Life can be so unfair sometimes. My sentiments lean toward allowing anyone who wants to live in Canada, and be a contributing member of Canadian society, as many chances as possible to make that happen. But nations like Canada have immigration policies and those involve rules and regulations, and inevitably some people are excluded. The rules compel us to make choices. Our choices have consequences. Not everyone lives happily ever-after.

I have no idea what the situation is with your mother, but if you want to be a PR of Canada, the time to make the move is probably now.

Sure, you can start over again. But the qualifications have changed. It is not so easy as it was before, and even before it was not so easy. Faster now, yes. For many this means being denied faster.

 

[JS2015]

Thanks for your prompt reply. I have made no trips to Canada in the last few years and my PR card expires in March 2016. I am thinking of visiting friends soon but that's just for a short trip. Would I be allowed in for this visit?

Regarding my mother's illness, I am not the only relative and she is in a nursing home.

As for the future, I guess that when my card expires and if I decide to renew, I would have to start all over again. I suppose there are no circumstances where I would fill the forms in, send $50 and hope for the best? It is astonishingly hard to talk to anyone who deals with PR cards - in fact, their site makes it impossible!

 

[scylla]

As for the future, I guess that when my card expires and if I decide to renew, I would have to start all over again. I suppose there are no circumstances where I would fill the forms in, send $50 and hope for the best? It is astonishingly hard to talk to anyone who deals with PR cards - in fact, their site makes it impossible!

The only circumstances where filling out the form has any chance of working is if you have strong H&C reasons for failing to meet the residency requirement. If you are not actually caring for your mother (i.e. she is in a home) and there is other family in your home country - it's probably going to be difficult to convince CIC that you have a case. You should assume your PR card renewal application will be refused unless you are willing to relocate to Canada very soon (before the expiry of your PR card) and live in Canada for 2 years without leaving to meet the residency application. If you apply for a PR card renewal and are refused - then you will need to apply for PR from the very start (assuming you qualify under an existing immigration program).

 

[JS2015]

Thanks for your reply. Assuming I apply from the start at a later date, how have the entry conditions changed in the last four or five years? Have they been tightened up considerably? Also, if I wanted to actually talk to someone at CIC on the phone or email, how would I go about this? I have tried several avenues but without much luck. I am based in the UK if that helps.

 

[scylla]

Thanks for your reply. Assuming I apply from the start at a later date, how have the entry conditions changed in the last four or five years? Have they been tightened up considerably? Also, if I wanted to actually talk to someone at CIC on the phone or email, how would I go about this? I have tried several avenues but without much luck. I am based in the UK if that helps.

In terms of how the rules have changed, I would recommend you read up on the Express Entry program in the link below. It is a points-based system whereby those with a permanent job offer in Canada (accompanied by an approved LMIA from the employer) get preference over others regardless of occupation. This has effectively replaced the Federal Skilled Worker program (or rather you have to be picked through Express Entry first).

http://www.cic.gc.ca/english/immigrate/apply.asp

As for talking to someone, the CIC call centre is useless for anything other than extremely basic questions. If you want good and accurate advice, I would recommend you hire an immigration lawyer in Canada to assist you. Note that the CIC call centre won't actually give you advice - they will just reiterate rules (i.e. you need to live in Canada for 2 out of 5 years to keep your PR status).

 

[JS2015]

Thanks again. Are they no longer accepting permanent residents without a firm job offer?

 

[scylla]

Thanks again. Are they no longer accepting permanent residents without a firm job offer?

They are. It's just harder than ever to be selected.

 

[JS2015]

Thanks. You have been very helpful. Do you know if there would be a problem visiting my friend in Canada on holiday? I'm just wondering if the border people will see that my PR card is about to expire (or has expired) and refuse me entry.

 

[Msafiri]

JS2015,

As has been highlighted there is sympathy from CIC/CBSA and even the Courts on H&C grounds where a PR is in breach of the RO. Extensive case law exists defining how H&C grounds are considered relative to any minor dependants, impact on your life e.g will you be sent back to a war zone, how many days of breach, your ties to Canada e.g property, finances etc. Your course of action is to be decided by whether you want to return and live in Canada or if you are intend to settle in the UK. In your initial post your last line indicates you have no date in mind for a return...this on its own before the courts would wrap up the hearing in CIC's favour if CIC/CBSA decided to report you. How do you maintain PR if you have no timeline to live in Canada? PR status is to live in Canada its not a glorified visitors visa to enable re-entry into Canada at your whim in disregard of the RO is an often cited passage from FC caselaw.

If you want to live in Canada and keep your PR return and hope not be reported at entry. If not reported sit tight in Canada for 2 years so you are back in RO compliance. To be on the safe side you can't leave Canada for this period. Obviously this has implications on your family life due to the inevitable separation.

If you get reported you still get admitted as per constitutional right but must then appeal within 30 days and hope your mothers illness is considered an H&C ground when the appeal is eventually listed for a hearing. The nursing home aspect as described adds little weight though as you are not a direct carer. Many PRs appeal just to buy time and work, study, save up before the final appeal hearing which can be as far away as 4 years from the date of report (the courts are backlogged due to the numerous appeals afforded applicants by the IRPA). Some then apply for a work permit or for PR status afresh based on meeting the new/current requirements that have increasingly become more stringent.

If you just want to visit Canada now and then either Voluntarily renounce your PR or wait till reported then don't appeal. Effective March 15, 2016 travellers to Canada including PRs holding a visitor visa exempt passport (on the presumption you are a UK national) need an electronic Travel Authorization (similar to the US ESTA) unless holding a valid PR Card. The chances of you sneaking past CBSA without report once your PR Card expires seem to be closed off by this development for an eTA since CBSA will potentially know of your RO situation.