+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Staying in Canada as a PR without completing minimum requirement?

13121990

Newbie
Mar 28, 2013
1
0
Hi everyone,

my mom is planning to move to Canada this summer. Her PR card is due to expire in July this year, so she's moving here by June.

She does not meet the minimum residency requirement (730 days) as of right now, so obviously she cannot renew her PR anytime soon. My real question is:

1. Is it legal for her to stay in Canada considering : a) her PR status will have expired and b) she hasn't met the residency requirement either? I mean, the 5 year period will essentially be over with her not staying for enough time. Right? That is my worry. Could she potentially get into trouble? We completely understand that she cant leave the country for the next 2 years atleast, and that's fine with us. I hope people understand my question :p

2. Can the customs at the airport make a fuss about letting her enter, since her PR card would be expiring within the next 15 days of her entering the country? I dont think they should, but any insight would be appreciated!
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi


13121990 said:
Hi everyone,

my mom is planning to move to Canada this summer. Her PR card is due to expire in July this year, so she's moving here by June.

She does not meet the minimum residency requirement (730 days) as of right now, so obviously she cannot renew her PR anytime soon. My real question is:

1. Is it legal for her to stay in Canada considering : a) her PR status will have expired and b) she hasn't met the residency requirement either? I mean, the 5 year period will essentially be over with her not staying for enough time. Right? That is my worry. Could she potentially get into trouble? We completely understand that she cant leave the country for the next 2 years atleast, and that's fine with us. I hope people understand my question :p

2. Can the customs at the airport make a fuss about letting her enter, since her PR card would be expiring within the next 15 days of her entering the country? I dont think they should, but any insight would be appreciated!
1. If she is admitted, when she returns, she can remain, but not apply to extend her PR card until she has 730 days of residency.
2. Yes, CBSA can report her for failure to meet the residency requirement on entry. If they do report her, she will be issued a removal order, allowed into Canada for 30 days to appeal the removal.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
13121990 said:
Hi everyone,

my mom is planning to move to Canada this summer. Her PR card is due to expire in July this year, so she's moving here by June.

She does not meet the minimum residency requirement (730 days) as of right now, so obviously she cannot renew her PR anytime soon. My real question is:

1. Is it legal for her to stay in Canada considering : a) her PR status will have expired and b) she hasn't met the residency requirement either? I mean, the 5 year period will essentially be over with her not staying for enough time. Right? That is my worry. Could she potentially get into trouble? We completely understand that she cant leave the country for the next 2 years atleast, and that's fine with us. I hope people understand my question :p

2. Can the customs at the airport make a fuss about letting her enter, since her PR card would be expiring within the next 15 days of her entering the country? I dont think they should, but any insight would be appreciated!
To add to PMM's post - several provinces are insisting on a valid PR Card as the only proof of PR status when applying for official documents or various programmes e.g. BC driving license. Your mom should apply for her health card, SIN, DL, Bank cards etc before her PR Card expires. Note that for some provinces e.g. Ontario there is a 3 month waiting period for health coverage so get some insurance to cover any emergencies or you will be paying a fortune.
 
Sep 4, 2012
10
0
13121990 said:
Hi everyone,

my mom is planning to move to Canada this summer. Her PR card is due to expire in July this year, so she's moving here by June.

She does not meet the minimum residency requirement (730 days) as of right now, so obviously she cannot renew her PR anytime soon. My real question is:

1. Is it legal for her to stay in Canada considering : a) her PR status will have expired and b) she hasn't met the residency requirement either? I mean, the 5 year period will essentially be over with her not staying for enough time. Right? That is my worry. Could she potentially get into trouble? We completely understand that she cant leave the country for the next 2 years atleast, and that's fine with us. I hope people understand my question :p

2. Can the customs at the airport make a fuss about letting her enter, since her PR card would be expiring within the next 15 days of her entering the country? I dont think they should, but any insight would be appreciated!
Hi ..
i am in quite a similar predicament as ur mother.. ie my pr card expirees in april this year..
since its already June..just wanted an update if u don't mind as in
1) did ur mom get into canada easily..( i sure hope she did with god's grace! :))

best regds

canadiansquire
 

anwarms69

Newbie
Feb 14, 2014
1
0
Can someone enter Canada by road with expired PR and not meeting 730 days stay

Hi there
Can some share any experience or info, that anyone allowed to enter Canada border by road with an expired PR card. What will be concern to border security personnel at entry point.
Please share. Thanks
SAM
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Re: Can someone enter Canada by road with expired PR and not meeting 730 days stay

anwarms69 said:
Hi there
Can some share any experience or info, that anyone allowed to enter Canada border by road with an expired PR card. What will be concern to border security personnel at entry point.
Please share. Thanks
SAM
You can but the concern of the immigration officer would be if you meet the residency obligation or not. Of course it is possible that somebody in that situation is and has been living in Canada and takes a road trip to the US without realizing that their PR card is expired. The other extreme would be that the person came and landed some years ago and got their PR card and didn't spend any time since then and now wants to return after many years outside.

I would assume that when somebody shows up at the border with an expired card, the immigration officers will be more careful to look for signs that show that the person meets the RO and has been in Canada or that they don't. They may look at your passport stamps more carefully for example.
 

NN74

Hero Member
Jun 8, 2013
200
17
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
Re: Can someone enter Canada by road with expired PR and not meeting 730 days stay

Leon,

Now they are not stamping passports, 2 weeks before I landed, all process was automatic thru machine that reads your PR card and Custom form. Once done, an officer came to us walking & matched our passport photos with us and let us in. When I asked for passport stamping, she replied ' get hold of your boarding passes, would be only proof of your obligation for citizenship.'

That's all!

Leon said:
You can but the concern of the immigration officer would be if you meet the residency obligation or not. Of course it is possible that somebody in that situation is and has been living in Canada and takes a road trip to the US without realizing that their PR card is expired. The other extreme would be that the person came and landed some years ago and got their PR card and didn't spend any time since then and now wants to return after many years outside.

I would assume that when somebody shows up at the border with an expired card, the immigration officers will be more careful to look for signs that show that the person meets the RO and has been in Canada or that they don't. They may look at your passport stamps more carefully for example.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Re: Can someone enter Canada by road with expired PR and not meeting 730 days stay

NN74 said:
Leon,

Now they are not stamping passports, 2 weeks before I landed, all process was automatic thru machine that reads your PR card and Custom form. Once done, an officer came to us walking & matched our passport photos with us and let us in. When I asked for passport stamping, she replied ' get hold of your boarding passes, would be only proof of your obligation for citizenship.'

That's all!
They scanned your PR card so it would be registered in the CBSA computers and so instead of looking at passport stamps, they can look at your last Canadian entries in the computer but passport stamps from other countries to see if you entered there. Say you last entered Canada 3 years ago and 2 weeks after that you have a passport stamp entering some other country, they know you only stayed in Canada for max. 2 weeks. However, not everybody will have a passport stamp from entering another country, especially if you are going to your homeland and they don't stamp.

However, they do have other ways to figuring out who meets the RO and who doesn't because they keep catching people.
 

luci1209

Hero Member
Aug 26, 2011
260
4
Hi,

my husband parents is planning to move to Canada in march. their PR card is due to expire in May this year,

they does not meet the minimum residency requirement (730 days) as of right now, since they stayed only for seven months.

Is it possible for them to be allowed into canada or will their be a issue at the airport

is it possible for them to extent their PR period or if they cancel their PR can they come back as tourist in the future or can they apply for supervisa

if they were reported at the airport will they be offered one month to appeal for their case. during the appeal period if they decide to leave canada by withdrawing the appeal, what are the documents they needed to leave from canada. can they leave with expired PR card.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
luci1209 said:
Hi,

my husband parents is planning to move to Canada in march. their PR card is due to expire in May this year,

they does not meet the minimum residency requirement (730 days) as of right now, since they stayed only for seven months.

Is it possible for them to be allowed into canada or will their be a issue at the airport

It is possible for them to be allowed to enter without a problem but also a possibility that the immigration officer will report them for not meeting the RO (residency obligation).

is it possible for them to extent their PR period or if they cancel their PR can they come back as tourist in the future or can they apply for supervisa

If they do not get reported, they can stay for 2 years straight and thereby put their PR status back in good standing as they will meet the RO again for the previous 5 years without having been caught or reported during the time they didn't. In order to do this, they may not apply to renew their PR cards during these 2 years. If they officially lose or renounce their PR, they may apply for a visitor visa or super visa.

if they were reported at the airport will they be offered one month to appeal for their case. during the appeal period if they decide to leave canada by withdrawing the appeal, what are the documents they needed to leave from canada. can they leave with expired PR card.

Nobody will stop them from leaving, expired PR card or not. If they want to withdraw their appeal, they should notify immigration but they don't need any documents in order to leave.