So... Renewing PR Card ... Plz Help

[vvin732]

Dear Friends:

So... I have not yet met the residency obligations, right now I am sitting at about 620days/730, and my PR Card is expiring May 1st 2013 ...

Please allow me to ask a few questions:

1, From what I understand, as long as my PR Card is still valid, I can still get in, is that true?

2, Once I get in, as long as I've stayed out the missing days, and make it 730days in total,
(from Aug, 2008 to Aug 2013 Aug I would have exactly 730) ,
I can apply for a new one and they'll have to give it to me, is that true?

3, I heard from some lawyer that, even if you ve stayed the 730days with card expired,
the immigration can still found out that you are "Cheating" and take your status away, is that true?


4, The most safe way is probably staying for at least another 2 year, but then,
is it possible for me to apply for a school(college or univ) or job without the PR Card?
It would really suck if I am unable to do anything in the 2 year period.

and ... that should be all,

THANK YOU in advance, and wish you all the best.

 

[computergeek]

Dear Friends:

So... I have not yet met the residency obligations, right now I am sitting at about 620days/730, and my PR Card is expiring May 1st 2013 ...

Please allow me to ask a few questions:

1, From what I understand, as long as my PR Card is still valid, I can still get in, is that true?

So long as you are a permanent resident, they must allow you to enter Canada. With or without a valid PR card, the border officer has the option to refer you to secondary for a more thorough examination. If they determine that you are not in compliance with the residency obligation, they have the option to submit an A44 report and if they determine at secondary that you are not in compliance they can even issue a removal order against you.

But even in that case, they still must legally admit you to Canada - you are a PR at that point and you have a legal right of entry (Citizens have a Charter right of entry, PRs are based in legislation). Of course, with a removal order you have two options: leave within the period required by the removal order - and forfeit your permanent resident status, or appeal the decision.

With that said, if you are close, most primary inspection officers won't refer you as long as your PR card is valid. It helps if you haven't been gone from Canada for a long time. You also have a chance at that point to explain why you are not in compliance - this is known as the Humanitarian and Compassionate considerations. For example, if you were caring for a sick family member because no one else was available, that's generally acceptable provided you can document your case.

Some people don't get any questions at all, some do.

When is the last time you were in Canada? People who have been in Canada recently (e.g., within the past 12 months) have a much better chance of sliding by the primary inspection officer.

2, Once I get in, as long as I've stayed out the missing days, and make it 730days in total,
(from Aug, 2008 to Aug 2013 Aug I would have exactly 730) ,
I can apply for a new one and they'll have to give it to me, is that true?

That is true. The law says 730 days in the previous 5 years from the date they receive your application.

3, I heard from some lawyer that, even if you ve stayed the 730days with card expired,
the immigration can still found out that you are "Cheating" and take your status away, is that true?

As long as you are out of compliance, you can be reported. But someone from CIC has to notice you are out of compliance. Further, they must take action before you are back in compliance. CIC doesn't move fast. If all you need is a few months in Canada to be back in compliance, I suspect you won't have any problems if you get through the border.

4, The most safe way is probably staying for at least another 2 year, but then,
is it possible for me to apply for a school(college or univ) or job without the PR Card?
It would really suck if I am unable to do anything in the 2 year period.

A PR card is generally required for public universities from what I can see in order to verify your status as for other public services (e.g., driver's licence) but as long as you have your SIN number you can work. A PR card is only needed to get on a commercial carrier back to Canada or access some public services.

You don't need to wait two years. Just wait until you are back in compliance. A few months from what you've described.

Good luck!

 

[vvin732]

Thank a lot, your answer really lightens me.
As for when was the last time I were in Canada ... I left canada since 2010 5-1, so that means I havent been back for almost 3 years.

yeah, I figured I better have a convincing statement when entering Canada.

 

[computergeek]

Thank a lot, your answer really lightens me.
As for when was the last time I were in Canada ... I left canada since 2010 5-1, so that means I havent been back for almost 3 years.

yeah, I figured I better have a convincing statement when entering Canada.

With three years gone you may very well be scrutinized.

Your BEST shot at making H&C arguments is right there at the border from everything I've read people report. Odds are you'll be allowed into Canada because your PR card has not yet expired, in which case you just need to come back into compliance before applying for a new one. Do not apply for a new PR card until you are in compliance. Otherwise you'll end up creating a lot of stress and a full review.

Good luck!

 

[vvin732]

Ok... Scruntinized... not sure I like this word but ok...

Somehow i keep picturing that they are pulling me into a small dark room and question me like a fugitive...

In the worst case scenario... say they did file me ... at the border, and thats gonna take... a year? before a conclusion is made?

Thanks again, I could definitely use some luck.

 

[computergeek]

Ok... Scruntinized... not sure I like this word but ok...

Somehow i keep picturing that they are pulling me into a small dark room and question me like a fugitive...

In the worst case scenario... say they did file me ... at the border, and thats gonna take... a year? before a conclusion is made?

Thanks again, I could definitely use some luck.

Secondary inspection is where they do everything that is more time consuming - work permits, landing immigrants, study permits, etc. It's not a small dark room, it's going to be a counter most likely. They will ask you to explain why you are not in compliance and either accept your reasons or issue a report. They COULD also obtain a removal order at the same time.

I think a typical appeal process takes at least a year. I know at least one person who won his appeal hearing on H&C grounds. Being able to clearly explain why you are not in compliance is essential to success.

I suspect you'll be fine as long as your PR card is not expired.