After the first 5 year of being a PR the RO becomes a rolling total. You will need to meet the 730 days in the past 5 year in any day to be compliant with your RO. With a valid PR card, especially one that is relatively new, there is a higher chance that you may not get flagged for further examination when you fly into Canada but it is still a risk.
Residency obligation
- Thread starter PlumDoodle
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After the first 5 year of being a PR the RO becomes a rolling total. You will need to meet the 730 days in the past 5 year in any day to be compliant with your RO. With a valid PR card, especially one that is relatively new, there is a higher chance that you may not get flagged for further examination when you fly into Canada but it is still a risk.
So true thanks a lot. But for me, the chance of PR card renew are low, this is why i think about renouncing, try a new application but above 45, it s tough.
Wouldn’t recommend renouncing above age 45 with the expectation that you’ll be able qualify again. Probably best not to renounce and see if you end up losing status at a certain point. This plan comes with uncertainty and some other challenges. Only you can determine what is best for you and what you can tolerate.
Sometimes if you get approved for a PRTD on H&C, you can safely apply for a PR card too. (Though agree with scylla's caution here.)
Hmm. My understanding is if you are short on RO after H&C, you sometimes only get a one-year valid PR card that you then have to renew sooner.
Your odds might be best to go through the land border with expired PR card. If you aren't reported by CBSA, then you are all clear to sit and wait until you meet RO again.
Usually though the advice is to go as soon as you can, as the longer you wait, the more the odds increase that CBSA will view your longer absence unfavorably and report you. I'd also try consulting a lawyer here - CBSA also listens to H&C grounds and perhaps a lawyer can help you present the best possible case for that (without guaranteeing an outcome).
The premanent residence never gets rovoked unless it is revoked. Why you want to get it revoked ?
The approval of PRTD will be granted only of you have spent 2 years in canada but currently living outside canada with expired PR card.
If I am in your position, i will take a chance to enter canada thro US/Mexico border with expired PR card. The border officers will tell you to contact IRCC after entry i believe.
Once you are allowed inside canada, there are very good chances to get your PR card renewed after 2 years. You will be living in canada without health card and D/L.
Consult Lawyer the option instead of asking in a forum.
I think it's not so much that OP wants it revoked, but is worried that even if a PRTD is successfully obtained, that going back to Canada and applying for a PR card may cause PR to still get flagged and eventually revoked.
Normally, one would expect that if a PRTD were approved on H&C grounds (edit: meaning that the person didn't have the required 730 days/2 years of living in Canada within the last five), then that would clear the way for also applying for a new PR card. (Though if one returns to Canada right away and makes the application, often the new PR card is only good for one year instead of the usual five.)
It seems the fear is that sometimes PRTD made on H&C grounds are somehow getting approved, but somehow coded wrong, such that the subsequence PR card application gets flagged and causes the revocation of PR. Hence why some recommend waiting the full two years in Canada after entering on a PRTD "just in case".
Not always. They can issue a Section 44 report which triggers IRCC to investigate, and possibly revoke, PR. Other anecdotal reports on the forum have indicated that this does happen sometimes.
That said, I still agree that this is the best chance. The border officers are more likely to waive it through (or just ask one to report to IRCC and do nothing else) than the IRCC official handling a PRTD application. As per https://www.canadavisa.com/canada-i...nsiderations-is-rejected.871032/post-11059579 senior members of this forum have observed that getting this pass or freebie from the border officers is more likely (even if it's not certain and there's some risk).
Would recommend coming to Ontario in that case if it's possible.
This doesn't apply to OP (who already has an Ontario D/L which can be renewed right away if OP were able to successfully get into Canada tomorrow without getting flagged). However, someone new to Ontario can get a Photo ID right away, as per https://www.ontario.ca/page/ontario-photo-card and https://www.ontario.ca/page/acceptable-identity-documents only a foreign passport is needed to qualify. Or if you have a qualifying D/L you can exchange, as per https://drivetest.ca/licences/acceptable-id-documents/ the foreign passport is still good enough as proof of identity (and as per https://www.ontario.ca/page/exchange-out-province-drivers-licence there's not much more needed, like proof of living in the province).
There will still be a wait to qualify for a health card, but perhaps some private insurance is possible during the wait? Something like https://on.bluecross.ca/travel-insurance/visitors-canada
Agreed. I had previously suggested this to the OP as well.
I do not intend to be harsh, but @SuperMarco - in my opinion - cannot get any further useful information from this forum (barring something changing or new specific information coming to light). Further discussion is more likely just going to confuse things.
Needs to consult with a lawyer in order to make a decision in near term or simply decide. Further delay if decision is to appply for a prtd or return via land border is also not going to strengthen the case (although of course some options like renouncing are not time-bound in the same way).
[Not saying others can't continue to discuss or provide ideas. I personally probably won't though. Each can decide on their own.]
Needs to consult with a lawyer in order to make a decision in near term or simply decide. Further delay if decision is to appply for a prtd or return via land border is also not going to strengthen the case (although of course some options like renouncing are not time-bound in the same way).
[Not saying others can't continue to discuss or provide ideas. I personally probably won't though. Each can decide on their own.]
Thank you for comments. I respond.
-"Why you want to get it revoked ?" given the low chance of success, i think about revoking and reapplying knowing that it's costly in terms of organization (pass language tests for points...) but if success, get a five year card. otherwise if HC, difficult to do round trip without being flagged.
-of course lawyer is complementary to forum. forum gives personal experiences and views from interesting people. Thank you all of you.
Once you are in Canada, then everything is easier. Chances of rejection of PR Card renewal is minimal to Nil. ( After 730 days life in Canada )
I would say try first PRTD option to enter Canada. You do not loose anything. This is cheaper. Since you lived here for 12 months in the last 5 years, they may approve PRTD based on H & C considerations. Keep a letter explaining situations. Medical related explanations to close family ( Father, mother, wife, children ) will surely help.
Good luck
I guess I'm wondering why you changed your mind. I'd still think that entering via land border is still safest.
I have to disagree here. If the PRTD is rejected then the PR status is lost and other options (like trying the land border) are no longer possible.
See https://www.canadavisa.com/canada-i...opportunity-not-availed.821640/#post-10607299
There are many ways to approach this. For many unless they know they received PRTD based on H&C which would allow them to apply for a PR card when they return to Canada many feel it is too risky to return to Canada. Many don’t want to give up current employment, housing, etc. if they risk being reported. For others they need access to medical care/need a health card, need a DL (in some provinces can be an issue without valid PR card) and want the ability to be able to leave Canada to visit elderly/sick family members abroad. The ability to leave Canada without meeting RO is still not guaranteed if you received PRTD based on H&C but if you have a valid PR card that has been recently issued the risk of being reported is decreased. Risk profile will depend on the person’s profile and needs.
Not sure if all of these reasons apply to OP (though likely the last one does), but definitely agreed - in general these seem like good reasons to consider a PRTD under H&C vs going through the land border.
Agreed. Some do seem to luck out and get multi-entry PRTDs - which would be another way to securely grant the ability to leave and come back to Canada, but as you say, it's not guaranteed that one will be able to get this.
I kinda feel that if you get accepted under H&C and have that recently issued valid PR card, there shouldn't be a risk of being reported at all.
I can understand there being other situations where a valid PR card isn't enough to avoid a report (e.g. you had the ability to RO but then you said you "lost" your first ever PR card and got a replacement early, and then left and failed to meet RO, and then came back on the new PR card while it was still valid).