PR Expired while outside Canada - 7 Years Ago

[Karanraj]

Hi,

We immigrated in 03/2004, stayed there for almost 07/2008, then we came back to India (we had not applied for citizenship nor renewed PR as it was valid while we were leaving), as my wife’s father was disabled and alone in India due to osteoporosis, recently he died.

I have to accompany her as my son was small, 4 years age, at that time, and she was in no situation taking care of both, father and son, at the same time as all her relatives have already immigrated to Canada.

Now we have no valid PR to return as it expired in 2009.

Please advise how we can return to Canada.

We met a consultant who says we have to apply fresh, but I doubt, as the records will show us to be in Canada.

My son was born in Canada.

Can we go back?

Can we apply for travel document?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

As you may already know, in order to return to Canada, if you do not have a valid PR Card, it is likely you will have to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office.

Starting this process will also start the process to determine whether or not you have lost your PR status.

A valid Permanent Resident (PR) card or Permanent Resident Travel Document (PRTD), are the best proof of your PR status for re-entry into Canada.

What happens is that basically, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissibility.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:

• permanent resident status is established;
• the permanent resident refuses to provide any further information and enters Canada;
  and
• the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

and

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

(Italics ours)

It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

It also states in relation to the process of loss of permanent residency,

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

Again, in order to return to Canada, if you do not have a valid PR Card, it is likely you will have to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office.

Starting this process will also start the process to determine whether or not you have lost your PR status.

We strongly suggest that it may be helpful for you to contact a lawyer who is familiar with Canadian immigration issues for some additional information and assistance with your situation.

You may also want to contact the nearest Canadian Visa Office for specific information on your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[nomi]

hi,
kitz4uin, what happens to your case.
i have similar case.
i left canada in 2010 and my card expired in 2012.
never returned back.
now exploring options if i can utilize my old PR card.

kindly update about ur present status of case.
regards

[cherry]

hi,
my pr card expired three years ago, should i apply for a prtd?

[SettlementOrgMod]

Hello,

Thank you for using our forum for your question.

In regards to knowing what visa/document to apply for, you might find useful information in the following articles:

Find out if you need a visa - http://www.cic.gc.ca/english/visit/visas.asp

Permanent resident travel document: About the process - https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document.html

How can I apply to immigrate to Ontario? - https://settlement.org/ontario/immigration-citizenship/immigrating-to-ontario/general-information-about-applying/how-can-i-apply-to-immigrate-to-ontario/

We hope that you will find this information useful.

Thank you again for using our forum.
Settlement.Org

@cherry

hi,
my pr card expired three years ago, should i apply for a prtd?

[Cultecfho]

Hello,

I had sponsored my wife (at the time)who received her PR card back in June 2018 and she landed in canada in August 2018; stayed for 2 weeks then left canada. During the course of time it was found that here intentions for marriages were not genuine and the relationship fell apart, once she got her PR card she cut off communication. She has not returned to Canada since. In total she has spent around 3 months in canada since first being issued her PR card and landing back in August 2018. I have since applied for a divorce as of June 2020. My understanding is that divorce has no bearing on her PR card status. I had several questions: 1) If I believe her intentions vis a vis the terms of our marriage were fraudulent/non genuine do I need to report her? 2) Can she still come here and I would be responsible for her financially as part of my initial undertaking when I sponsored her (that I agree to support her for 5 years) if she manages or decides to come to canada. 3) if she fails to complete her time as stipulated by her PR card does it simply expire or can she reapply for one again despite no longer being my spouse.
Thanks

Culte

[freedom123]

Good afternoon,
Hope all is well. I wish to seek clarification on the below terminology “ rolling basis” when applied to the below 2 scenarios.
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.
Could you please define what rolling basis means?
Scenario 1: PR Card issued on Jan 1, 2015 and expires Dec 31, 2020 (5 year period).

• Let’s assume, I have been outside of Canada for 3 years ( say year 2016-2018 OR 9 months year 2015- 2019, OR year 2017 -2018, 2020) – does the format of leave matter?

Scenario 2: PR Card issued on Jan 1, 2019 and expires Dec 31, 2024.

• Let’s assume, I plan to be outside of Canada for 3 years ( say year 2020-2023 OR 9 months year 2019- 2023 etc? Do I require to be physically present in Canada on a yearly basis (if yes, how many days, weeks) OR I can postpone the 2 year stay on the latter end of the 5 year period, for eg 2023-2024).
  Thank you for the clarification.

[SettlementOrgMod]

Hi There,

According to IRCC, officers use the date that an application is officially received in the office in the examination of residency status. Using this date does not disadvantage the applicant in any way if the formal assessment of an application is delayed for any period of time following receipt of the application.

This means that the officers use the date that an application is officially received to assess the 5-year period to meet your residency requirement.

I hope this information is helpful. If you have any more questions please feel free to follow up with us.

Sincerely,

Your Settlement.Org team.