URGENT HELP: PR Card Expiring next month

[DanCal]

Hi,
I moved to Canada on Non 2004 as landed immigrant and started my job (i got job before I moved to Canada). I lived in Canada for 18 months and paid taxes for 2004, 2005 and 2006. Then my company transferred me US office and I have been working for same employer in US since then. MY PR card is expiring in Oct and I applied for my renewal about a month ago and requested urgent processing. They sent me letter says that "my application has been sent to Client Services for review which will result in further delay. They will contact me if they need any further information or documents". I have the following questions.
1. Will I be able to travel back to Canada from New York on an expired PR card or will require travel documents from consulate?
2. Or should I go to Canada before my PR card expires and wait there till i receive my renewal?
3. Are they going to deny the renewal, even though I have worked for the same company for last 5 years (in and out of Canada)?

Thank so much for all the help...

 

[Leon]

They normally do not renew your PR card if you yourself are outside Canada. If you are outside Canada when your PR card expires, you are supposed to apply for a travel document to get back and then apply for your renewal. At least one member of this board had the experience of coming back to Canada with an expired PR card because she had not noticed it had expired and she was taken aside, questioned a bit about it and then let in but it's not advisable to take that chance if you have a choice. You could get an IO in a bad mood or something.

They are also strict on what constitutes a Canadian employer so they might want to look into that a bit more.

 

[PMM]

Hi

Hi,
I moved to Canada on Non 2004 as landed immigrant and started my job (i got job before I moved to Canada). I lived in Canada for 18 months and paid taxes for 2004, 2005 and 2006. Then my company transferred me US office and I have been working for same employer in US since then. MY PR card is expiring in Oct and I applied for my renewal about a month ago and requested urgent processing. They sent me letter says that "my application has been sent to Client Services for review which will result in further delay. They will contact me if they need any further information or documents". I have the following questions.
1. Will I be able to travel back to Canada from New York on an expired PR card or will require travel documents from consulate?
2. Or should I go to Canada before my PR card expires and wait there till i receive my renewal?
3. Are they going to deny the renewal, even though I have worked for the same company for last 5 years (in and out of Canada)?

Thank so much for all the help...

1. Let me quess, you applied for a renewal using a US address? Since you can't apply for a PR card while residing outside Canada, that is probably the reason.
2. Ensure that you have proof that the company you work for is a Canadian company and they transferred you to a US operation. If that is correct, then your PR status is safe.
3. Definition of Canadian company.

http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf Sec. 6.2

PMM

 

[DanCal]

Thanks for the quick reply. However, I did not use the US address for renewal since I am not a permanent resident here and on L1 visa which is inter company transfer visa. So I used my sister's address in Canada. But problem is I still have the same job and same company who has offices in almost all major cities of Canada. I think the following are proof enough to convince them
1. My Tax returns in Canada and US shows the same company name.
2. My employment letter that I attached shows that I have been their employee since Nov 2004 (when I was in Canada).
3. My Visa L1 which is a employee transfer visa in US

My concerns is should I wait till I get a letter from them and go to Canada to pick up my PR card and travel to Canada on an expired card?

 

[Leon]

That's the thing, you are not supposed to be able to apply for PR card if you are not in Canada. Did you mail the application from the USA? Maybe the are suspicious because they saw the postmark. Also you have your address history on there for the past 5 years. Did you write that you are currently living in the US or that you are currently living at your sisters address?

 

[DanCal]

I did tell them that I live in US. I used Canadian address as my mailing address and did give them accurate address lists in Canada and US for past 5 yrs.

 

[Leon]

So I guess you didn't read the part of the application guide where it says:

Who may use this application
This application is for permanent residents within Canada who would like to apply for:
•
an initial (first) PR Card
•
a renewal of a PR Card that has or will soon expire or
•
a replacement of a PR Card that has been lost, stolen or damaged
Assessing your eligibility
To be eligible for a PR Card, you must:
•
be a permanent resident of Canada
•
be physically present in Canada
•
not be under an effective removal order
•
not be a Canadian citizen or a registered Indian under the Indian Act and
•
not be convicted of an offense related to the misuse of a PR card

 

[DanCal]

So does it mean I am screwed now?

 

[Leon]

No, it's not that bad. They might send you a letter saying they are not giving you a PR card because you are not in Canada right now which leaves you the option of letting your PR card expire, apply for the PR travel document when you are ready to go to Canada and apply for a PR card once you arrive. Or maybe you will get through on the not being in Canada bit but they have questions about your employer. Who knows. Just wait until you hear from them, then you'll know.

 

[DanCal]

I just called the Client Services office and they told me that I do not need a PR card to enter canada by road from US. They said that just tell them that you are permanent resident of Canada and you can show them your landing paper. They said one needs traveling document if they are traveling by Commercial Airline.

 

[DanCal]

I am cutting and pasting the email she sent me.


If you return to Canada aboard a private vehicle, the PR card is not mandatory. You can use your immigration paper:

· Record of Landing (IMM 1000); or

· Confirmation of Permanent Residence (IMM 5292).

 

[lsmultani]

Hi

Would you please let me know what happened to your case.
i am also in a same situation. I moved to US in 2008 Oct after staying for more than 2.5 yrs in Canada and since than I am on L1 Visa in USA. My PR is getting expired soon and I would like to get some help from you.
thanks