Travel document PR expired and taken

[Nonbasaqa1]

Me and my 2 children moved to Montreal Canada in the year of december 2010 (without PR card). I sold my apartment and gave up our life in Sweden to move to my husband (he is a Canadian citizen). When we arrived there we were told that my children were not allowed to start school because we didn't have a PR card. We didn't know that we had to apply for it before moving to Canada, because we were married we thought it was ”easy” to start our family life. So we applied immediately for the PR and hired an immigration lawyer. In the mean time my children missed school and education and I felt as a parent that I failed because education is very important. The immigration lawyer tols us It would take up to 1 year to get the PR which meant that they would miss 1 year of school. The children were 11 and 15 years at the time.



After 4 months we decided to return to Sweden, because it felt wrong to sit at home and not do anything. At least in Sweden they could continue in the former class and school immediately. We moved in to my sisters house because we had sold our apartment too. We waited and waited and summer came and still we didn't get the PR. So I had to rent an apartment and look for job and after the summer the children started in school again.



In the mean time my mother got diagnosed with ALS and she became terminally ill. After one year we received the PR card in the middle of the schoolterm. My mother was very sick and I couldn't leave her. My children were used to school and friends again and it was hard to take them out from classes so I decided to stay here and take care of my mom and wait until my children finished school (and were 18). This period that my mother was sick was very devastating for us and it felt like it was not human from me to leave her behind. She passed away in 2016…



In march 2018 I resigned from my work in Sweden and decided to move to my husband who is living in Canada. We have been living apart since 2010 and it felt so good to finally be able to move in to him and start a new life again with him. Unfortunately when I landed in Toronto the officer took my PR card. He was very mad with me because I didn't meet the requirements and I explained the situation but he did not show any compassion. I was allowed to enter Canada anyway because I am Swedish citizen. I was offered a job in our family business company and I signed and agreed. So I am working in Canada as well. But I don't know if I can renew my PR status and how I can do it. At this moment I am in Sweden, because I had to come back for the graduation of my daughter.

If I apply for a TDPR how long do I have to stay in Canada in able to keep my PR status. If they refuse TDPR do I apply again for the PR card?

 

[steaky]

To keep your PR status, you need to physically live in Canada for at least 730 days in a rolling 5 years period.

 

[Nonbasaqa1]

I guess the best for me to do now is apply for the Travel Document PR card, if they deny then I can apply again for the PR...

 

[canuck_in_uk]

Me and my 2 children moved to Montreal Canada in the year of december 2010 (without PR card). I sold my apartment and gave up our life in Sweden to move to my husband (he is a Canadian citizen). When we arrived there we were told that my children were not allowed to start school because we didn't have a PR card. We didn't know that we had to apply for it before moving to Canada, because we were married we thought it was ”easy” to start our family life. So we applied immediately for the PR and hired an immigration lawyer. In the mean time my children missed school and education and I felt as a parent that I failed because education is very important. The immigration lawyer tols us It would take up to 1 year to get the PR which meant that they would miss 1 year of school. The children were 11 and 15 years at the time.



After 4 months we decided to return to Sweden, because it felt wrong to sit at home and not do anything. At least in Sweden they could continue in the former class and school immediately. We moved in to my sisters house because we had sold our apartment too. We waited and waited and summer came and still we didn't get the PR. So I had to rent an apartment and look for job and after the summer the children started in school again.



In the mean time my mother got diagnosed with ALS and she became terminally ill. After one year we received the PR card in the middle of the schoolterm. My mother was very sick and I couldn't leave her. My children were used to school and friends again and it was hard to take them out from classes so I decided to stay here and take care of my mom and wait until my children finished school (and were 18). This period that my mother was sick was very devastating for us and it felt like it was not human from me to leave her behind. She passed away in 2016…



In march 2018 I resigned from my work in Sweden and decided to move to my husband who is living in Canada. We have been living apart since 2010 and it felt so good to finally be able to move in to him and start a new life again with him. Unfortunately when I landed in Toronto the officer took my PR card. He was very mad with me because I didn't meet the requirements and I explained the situation but he did not show any compassion. I was allowed to enter Canada anyway because I am Swedish citizen. I was offered a job in our family business company and I signed and agreed. So I am working in Canada as well. But I don't know if I can renew my PR status and how I can do it. At this moment I am in Sweden, because I had to come back for the graduation of my daughter.

If I apply for a TDPR how long do I have to stay in Canada in able to keep my PR status. If they refuse TDPR do I apply again for the PR card?

When did you actually land as a PR?

What happened when you entered? Were you formally reported? Being Swedish has nothing to do with why you were allowed entry. As a PR, you could not be refused entry even though you didn't meet the RO.

 

[Nonbasaqa1]

When did you actually land as a PR?

What happened when you entered? Were you formally reported? Being Swedish has nothing to do with why you were allowed entry. As a PR, you could not be refused entry even though you didn't meet the RO.

 

[Nonbasaqa1]

I landed January 5th 2012. The last time I entered Canada, Toronto, it was the worst time ever at the immigration border. Like I wrote the officer was very mad. And he said you didn't meet your 730 days so I am going to take the card from you. He said you can enter Canada anyway, I believe he said as a Swedish citizen but I'm not 100% sure after all that happened. So now I'm so confused, I stayed 2 months and had to return to Sweden to be with my daughter who graduated. So the last time I stayed from March 20th to May 20th.
If I want to return to Canada I don't know if they will let me cross the border? I don't even have the expired PR card anymore...

 

[canuck_in_uk]

I landed January 5th 2012. The last time I entered Canada, Toronto, it was the worst time ever at the immigration border. Like I wrote the officer was very mad. And he said you didn't meet your 730 days so I am going to take the card from you. He said you can enter Canada anyway, I believe he said as a Swedish citizen but I'm not 100% sure after all that happened. So now I'm so confused, I stayed 2 months and had to return to Sweden to be with my daughter who graduated. So the last time I stayed from March 20th to May 20th.
If I want to return to Canada I don't know if they will let me cross the border? I don't even have the expired PR card anymore...

You returned this year? That does not make sense, as you cannot board a plane to Canada with an expired PR card.

Were you given any paperwork when you entered?

 

[YVR123]

Looks like you didn't have a lot information about how to become a PR (when you just moved without even applying for PR) and how to maintain your residency (your PR Obligation stay in Canada for 720 days in 5 years)
It's surprising that the officer didn't report and trigger your PR for a review.

As others suggested, you need to apply for PRTD to enter Canada again.

 

[Nonbasaqa1]

Yes I went this year, but I should be able to enter Canada with my Swedish passport or?
No I did not receive anything, no information neither that's why I don't know what to do if I want return.

 

[Nonbasaqa1]

Honoustly I was not aware of the 720 days. But if they approve the PRTD do I then have to stay in Canada for 2 years in order to keep my PR status?

 

[evdm]

Yes I went this year, but I should be able to enter Canada with my Swedish passport or?
No I did not receive anything, no information neither that's why I don't know what to do if I want return.

When you entered Canada in March the border officer probably used his discretion not to report you based on the humanitarian and compassionate grounds relating to your mother's illness and passing. If he had reported you, you would have received notice and a removal order which you could have appealed. You would have lost your PR status if you didn't appeal. By not reporting you, the officer gave you a chance to bring yourself back into compliance with the Residency Obligation; meaning that you would have to stay in Canada for a minimum of 730 days before you can apply for a new PR Card or have any interaction with CBSA/IRCC.

You chose to leave Canada which has made things significantly more difficult for you.

Swedish Citizens normally only need an eTA to board a plane to Canada. Because you are a PR, you cannot get an eTA and if you don't have a valid PR Card you must apply for a PRTD to allow you to travel. If your children became PRs in 2012, the same would apply for them any time they wish to travel to Canada. If any of you apply for an eTA it should be rejected. If during your application you say that you are not a PR then you will be misrepresenting yourself.

Just your Swedish passport isn't enough, and without a valid PR Card you will need the PRTD to be able to board the plane. The airline should deny you boarding without a valid PR Card, or a PRTD.

Because you are now outside of Canada, you will have to interact with at least CBSA (border guards) to gain entry into Canada. If you wish to fly directly to Canada you will also have to deal with IRCC and a Visa Office to get a PRTD. I would estimate your chances of getting a PRTD very low. At the very least, it will trigger an investigation and you will have to satisfy the visa officer on the basis of humanitarian and compassionate grounds that you could not be in Canada to meet your residency obligation. Coming to Sweden for your daughter's graduation will not likely warrant that relief. Remember, you were already in Canada earlier this year (likely on H&C grounds) but you chose to leave before meeting your residency obligation.

Your other option would be to travel back to Canada via the US and enter Canada by private car or on foot. This way you don't have to apply for a PRTD to travel, and your only interaction will be with the CBSA at the POE. It would be within the border guard's powers to determine that you have not met the residency obligation which could lead to you being reported; and it's very likely that you entering Canada without a PR Card and the border guard scanning your documents would reveal notes of your last entry.

A final option for you would be for you to accompany your husband (who is a Canadian Citizen) outside of Canada for a period of 2 years which would mean that he would have to leave Canada. Once those 2 years are up, you can then apply for a PRTD with an (in my opinion) greater chance of getting it approved, but even this course of action would not be guaranteed.

Pardon my saying so, but it was very naïeve of you to have thought in 2010 you could simply enter Canada without researching what is required for PR status and what it entails. Granted, family reunification is much easier in the EU, but what applies here (in the EU) certainly doesn't apply elsewhere around the world.

 

[Nonbasaqa1]

When you entered Canada in March the border officer probably used his discretion not to report you based on the humanitarian and compassionate grounds relating to your mother's illness and passing. If he had reported you, you would have received notice and a removal order which you could have appealed. You would have lost your PR status if you didn't appeal. By not reporting you, the officer gave you a chance to bring yourself back into compliance with the Residency Obligation; meaning that you would have to stay in Canada for a minimum of 730 days before you can apply for a new PR Card or have any interaction with CBSA/IRCC.

You chose to leave Canada which has made things significantly more difficult for you.

Swedish Citizens normally only need an eTA to board a plane to Canada. Because you are a PR, you cannot get an eTA and if you don't have a valid PR Card you must apply for a PRTD to allow you to travel. If your children became PRs in 2012, the same would apply for them any time they wish to travel to Canada. If any of you apply for an eTA it should be rejected. If during your application you say that you are not a PR then you will be misrepresenting yourself.

Just your Swedish passport isn't enough, and without a valid PR Card you will need the PRTD to be able to board the plane. The airline should deny you boarding without a valid PR Card, or a PRTD.

Because you are now outside of Canada, you will have to interact with at least CBSA (border guards) to gain entry into Canada. If you wish to fly directly to Canada you will also have to deal with IRCC and a Visa Office to get a PRTD. I would estimate your chances of getting a PRTD very low. At the very least, it will trigger an investigation and you will have to satisfy the visa officer on the basis of humanitarian and compassionate grounds that you could not be in Canada to meet your residency obligation. Coming to Sweden for your daughter's graduation will not likely warrant that relief. Remember, you were already in Canada earlier this year (likely on H&C grounds) but you chose to leave before meeting your residency obligation.

Your other option would be to travel back to Canada via the US and enter Canada by private car or on foot. This way you don't have to apply for a PRTD to travel, and your only interaction will be with the CBSA at the POE. It would be within the border guard's powers to determine that you have not met the residency obligation which could lead to you being reported; and it's very likely that you entering Canada without a PR Card and the border guard scanning your documents would reveal notes of your last entry.

A final option for you would be for you to accompany your husband (who is a Canadian Citizen) outside of Canada for a period of 2 years which would mean that he would have to leave Canada. Once those 2 years are up, you can then apply for a PRTD with an (in my opinion) greater chance of getting it approved, but even this course of action would not be guaranteed.

Pardon my saying so, but it was very naïeve of you to have thought in 2010 you could simply enter Canada without researching what is required for PR status and what it entails. Granted, family reunification is much easier in the EU, but what applies here (in the EU) certainly doesn't apply elsewhere around the world.

 

[Nonbasaqa1]

You are right in the EU things are not that complicated...thank you for your clear reply. Everything became such a mess with the papers. I am a mother and I can't just ignore special days as graduation of my daughter.
I have been thinking alot these days how to "solve" this problem. Maybe the best way is to give up the PR status and apply again? In that case I can enter Canada without any problems, I hope, and within the next years it will be much easier for me to meet the 730 days. Do you think that this way will be the best way in my case as well?
Thank you for your time.

 

[evdm]

You are right in the EU things are not that complicated...thank you for your clear reply. Everything became such a mess with the papers. I am a mother and I can't just ignore special days as graduation of my daughter.
I have been thinking alot these days how to "solve" this problem. Maybe the best way is to give up the PR status and apply again? In that case I can enter Canada without any problems, I hope, and within the next years it will be much easier for me to meet the 730 days. Do you think that this way will be the best way in my case as well?
Thank you for your time.

I had typed that option out but deleted it.

Yes, you could renounce your status and re-apply, too. I presume you would be making a family class application. It would then be up to the visa officer to determine that your relationship is legitimate and not solely for the purposes for you to gain entry into Canada. You can expect this process to take anywhere from a few months to a year if there are no red flags.

Once you've renounced your PR status, you could apply for an eTA and travel to Canada as a visitor. This would mean that you cannot work in Canada without authorization. So, if you are let in to the country as a visitor, you could be with your husband and do what's known as an inland application; meaning you stay in Canada while the application is in process. This stream would also allow you to apply for an open work permit, which usually takes about 4 months to receive. You have to maintain valid status in Canada during the time that the application is in progress, so it is generally not advised that you travel outside of Canada during this time.

You could also remain outside of Canada and apply using the 'outland' application process. This would still allow you to travel to Canada to be with your husband (subject to satisfying a border guard that you are a visitor and don't intend to live permanently or work without the proper authorization). This route would not let you apply for an open work permit. It does, however, allow you to appeal if a negative decision is made on your application. Inland does not offer this possibility.

 

[evdm]

Perhaps also a note, if your children were included when you landed in 2012, they too are PRs currently. For them to travel to Canada they will also need a PRTD, which would likely be refused. For them, it might also be easiest to renounce their status and apply for eTAs if they want to visit Canada; or, if they want to live there, apply under Express Entry on their own merits.