Returning Resident Permit

[skg2300]

Hello, I received Canadian PR in April 2005 and it expired in April 2010. During this time period I may have spent 30 -45 days in Canada. Reason being, I got H1B - work visa in US in May 2005. In November 2006 I transfered my H1B visa to another company (Delaware based company) which has Canadian office address as well. I am an IT Consultant and my H1B work visa is now finally expiring in Dec 2010 and I wish to move back to Canada for good after that.

My Canadian PR card is expired. My brother is a Canadian Citizen.

Can I re-enter Canada on expired PR Card?
Can I apply for Returning Resident Permit?

Please let me know what are my options?

 

[Leon]

Since you have not met the residency requirements of living in Canada 730 days in the last 5 years, you have lost your PR.

You can try entering on your expired PR card but it is likely that they will ask you how long you have been outside Canada and if you tell them the truth, they will likely start proceedings to officially revoke your PR status but will let you into Canada for 30 days and give you an opportunity to appeal the decision. If you lie and get caught, you are also in trouble. If you get into Canada somehow without any questions, you should sit tight for 2 years in order to meet the residency requirements again before you attempt to renew your PR card. If you try to renew it earlier, since you don't meet the residency requirements, you will likely lose your PR status.

Having a Canadian citizen brother will not really help. Working for a Canadian employer is only going to work if you were already working for him in Canada and he transferred you to the US office.

 

[skg2300]

Hello Leon, thank you for the quick reply. A follow up question, assuming I do get into Canada without any questions at the port of entry.

What will be my status in Canada? (My PR card is already expired)

I have a SIN number, can I work in Canada legally on expired PR card? Dont the employers need valid PR card for verification/ if I am authorized to work or not?

After 2 years, when I try to renew my PR card, wouldnt they ask for reasons, why the long delay in renewing the PR card?

Shan

 

[Leon]

If you get into Canada with your expired PR card, your status is PR because your PR status can not be questioned while you are inside Canada unless you apply to renew your PR card. There is no law that says that you must have a valid PR card at all times. There are still "old" PR's who never had one and never bothered apply for one because they did not need to travel.

Your SIN number should suffice for working as it is not a temporary SIN. I never had to show a PR card to an employer. If they ask for it, you can show them your expired PR card and tell them that you are about to renew it or you can just show them your landing documents. It is possible that you might have problems getting a drivers license and getting health care with an expired PR card but you can try the same thing with them. If you actually were in the process of renewing your PR card, you would be required to send in your expired PR card so you wouldn't even have it there to show to people. Renewing a PR card takes 6 months right now.

Once you apply to renew after 2 years, they will not ask you any questions except at the most to make sure you have 730 days in Canada in the previous 5 years before your renewal application. Their own rules prevent them from checking further back in time than the last 5 years before you applied to renew.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.