Renewing Permanent Resident Card

[bjlee]

I have questions regarding extension of my permanent resident card in Canada.
Here is a brief background.

I landed in Canada as an immigrant in Nov. 2009. At the time, I was attending college in the United States. After graduating from college in May 2012, I joined Republic of Korea Army for my mandatory military obligation. I will complete my service in Aug. 2014, and my PR card expires Dec. 2014. After my service, I plan to either work or study in Canada. Because of the time spent in college and army, I will not be able to meet the residencey obligation of 730 days by the time my PR card expires.

1) Will education outside Canada and military service in Korea be valid reason for extension of my PR card?

2) I believe if I enter Canada before my PR card expires and spend 730 days without leaving the country, I will be able to renew my PR card. However, in the application, am I not supposed to provide information about the date I first landed? If I do, wouldn't the immigration officer know that I have not really resided in Canada for the first 5 year period and fulfilled residency obligation by residing after my PR card expired? Wouldn't this be a problem?

3) Have there been similar cases as mine and successfully acquired extension of permanent resident card?

4) If I choose to work or study in a graduate school, I will need to provide information about my permanent resident status. When my PR card expires, does that mean I am no longer a permanent resident? If my PR card expires and I am requested to provide such information, what kind of documents can prove my status as permanent resident? What kind of actions should I avoid to prevent the immigration from knowing that I am residing without a PR card?

5) If I successfully renew my PR card and spend one more year, will I be able to apply for citizenship? In other words, does the two year spent without PR card count?

I know there are many questions here, but I sincerely hope that you with your expertise and knowledge can provide me with useful guidance. Thank you so much for your time.

 

[Leon]

1) Will education outside Canada and military service in Korea be valid reason for extension of my PR card?

No, I don't think so. Education outside Canada was by your choice and if you knew you would have to do military service in Korea and yet choose to continue your education in the US instead of transferring to a Canadian university, that was also by your choice.

2) I believe if I enter Canada before my PR card expires and spend 730 days without leaving the country, I will be able to renew my PR card. However, in the application, am I not supposed to provide information about the date I first landed? If I do, wouldn't the immigration officer know that I have not really resided in Canada for the first 5 year period and fulfilled residency obligation by residing after my PR card expired? Wouldn't this be a problem?

No, it will not be a problem. If you get in while your PR card is still valid and you do not get reported on entry for not meeting the requirements, you can stay 2 years without leaving and this will put your PR status back in good standing. Immigration is only allowed to look at the past 5 years at the time of your renewal application. They can not go further back in time.

3) Have there been similar cases as mine and successfully acquired extension of permanent resident card?

There are many cases of people staying outside too long, getting back in and staying for 2 years and successfully renewing. As for people claiming military service and education outside Canada and winning an appeal, I have no idea.

4) If I choose to work or study in a graduate school, I will need to provide information about my permanent resident status. When my PR card expires, does that mean I am no longer a permanent resident? If my PR card expires and I am requested to provide such information, what kind of documents can prove my status as permanent resident? What kind of actions should I avoid to prevent the immigration from knowing that I am residing without a PR card?

You are still a PR unless your status officially gets revoked which will only happen if you get reported on entry and lose the appeal or if you apply for a PR card too early and they decide to revoke your PR because you don't meet the requirements. In order to prove your status, show your expired PR card and/or landing documents. In order to avoid immigration realizing that you are in Canada and do not meet the requirements, simply do not apply for anything from immigration until you meet the residency requirements again. That means don't apply to renew your PR card, don't apply to sponsor anybody, simply do not contact immigration.


5) If I successfully renew my PR card and spend one more year, will I be able to apply for citizenship? In other words, does the two year spent without PR card count?

Yes, the time spent qualifying for citizenship is not restricted to having a valid PR card. Many PR's let their PR cards expire while they are staying in Canada if they do not travel. People with expired PR cards can still apply for citizenship if they have 1095 days in Canada in the past 4 years.

 

[bjlee]

Thank you for your response. It really helped me understand my situation. I just have one more question.

1. With an expired PR card, is there any restriction on what I can do in Canada other than immigration-related issues, such as, travelling in domestic flights and getting a driver license, secondary ID, student loan, etc?

I know you have explained that I can prove my status with an expired PR card and landing document, but I don't think most official places would accept an expired ID. Since I will be residing in Canada for almost two years with an expired PR card, I would like to know the kinds of problems that I will face, especially in regards to employment and attending graduate school. And, I also worry that if I do get employed in a company, there may be cases in which I would have to contact immigration.

Thank you very much!

 

[Leon]

As long as you have a SIN, you can work. Your employer should have no reason to ask for your PR card. Just your SIN. There would be no reason for you to contact immigration if you work.

You should make sure you register for health care and get your drivers license before your PR card expires.