Re-application of PR card

[saumyd]

Hi,
My family ( myself,spouse and minor child) had been granted a PR card in 2009.

However due to certain family responsibility we were unable to stay for the required period of 2 years in Canada, hence the card expired and we did not renew it.

Now we want to come back to Canada so would like to know how to proceed with the formalities.

Specially for our child who will be turning 18 in a couple of years and would like to do his undergraduate studies in Canada.

Will holding an expired PR card be a hindrance to his college applications.

Your advise will be greatly appreciated.

Thanks.

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation and would be interested in finding out what your options are.

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.

This means that your PR status needs to be formally removed. The fact that your PR card may have expired does not mean that you have automatically lost your PR status.

You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,

Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:

• an adjudicator determines that you are no longer a permanent resident following an inquiry; or- a visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.
  You may lose your permanent resident status in one of the ways described above if:

• you do not live in Canada for two out of five years;- you are convicted of a serious crime and told to leave Canada; or- you become a Canadian citizen.
  You do not lose your permanent resident status if your PR card expires.

In terms of re-entering Canada, you can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

Here is an excerpt,

I am outside of Canada and do not have a PR card. How can I return to Canada?

Canada’s entry requirements are changing

Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

Returning by private vehicle

There are other documents you can use to enter the country.

When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

Returning by commercial vehicle: airplane, bus, train, or boat

You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

You can apply to replace your PR card when you return to Canada.

We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your family’s 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, CRS, CRS-DC
Settlement.Org

[mccruz]

Hi,

I was in Canada for June 2015- Feb 2016 but now I am here for 4 months already. I cant make the 730 days for my stay. Cause i will be short for 19 days when I had my computations. Is there a chance that I can renew my permanent residency?

Thank you