Renew PR card or Not

[jsp1205]

Dear Sir / Madam,

I became a permanent resident of Canada via sponsorship (family class marital status) however I got divorced and I didn’t meet the minimum phisical presence in Canada for the past 5 years.

Also my PR card has expired last year.

Now, I have a new family in my country of residence (wife and child) and they are not permanent resident of Canada. What should I do in order to be able to come back to Canada and bring them as a permanent resident?

Should I renounce my PR status or try to renew my PR card before starting a new application (express entry) including my wife and child? I have not contacted cic yet.

Thank you in advance!

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

As you 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

[jsp1205]

Hi Anna,

Thank you so much for the clarifications.

I still have some doubts,

As far as I know, if even renewing my PR card, I will not be able to sponsor my wife and daughter because I am overseas, plus, if my PR card is renewed, I cannot bring them with me before sponsoring them. That´s why I believe that I may start a new process with express entry.

Questions

1. Can I start a new process without renouncing or renewing my PR card?

2. Does the officer, even knowing that I have not met the residency requirements may approve my application for PR renovation? (I don’t think that the immigration officer will accept my reasons - my family and my job - )

Thank you again for your time

[SettlementOrgMod]

Hello,

Thank you for sharing your additional question with us.

You are right that as a Permanent Resident you cannot sponsor your family from outside Canada.

You will have to return to Canada in order to do so.

As you mentioned your PR card is expired, in order to return to Canada you will have to apply to renew your PR card. However, there are some issues related to applying for PR card renewal from outside Canada that you should be aware of.

You can find some information related to this in this CIC ENF 27 Permanent Resident Card Operations Manual. Here is an excerpt,

All permanent residents who wish to obtain another PR card for reasons related to loss, theft, mutilation or expiry, must also apply using the same process. This requirement also affects anyone who did not provide the required information within the specified time frame after obtaining permanent residence status (see section 5.3 below). Persons applying for a PR card should be guided by instructions in the kit designed for this purpose, Applying for a permanent resident card (PR card) [IMM 5445E], available through the Call Centre or the Internet, in order to complete the Application for a Permanent Resident Card [IMM 5444E].

R56(2) states clearly that a PR card application must be made in Canada. Furthermore, the card must be delivered in person to each applicant, pursuant to R58(3), and be picked up within 180 days of the person receiving notification that it is ready for collection.

This enhances the integrity of the application process, allowing the local office to contact the client to review documentation and assess residency issues in person. However, it is recognized that the Regulations do not specify physical presence in Canada for purposes of filing a PR card application. Applications cannot be refused solely on the basis of evidence that the applicant was not in Canada when the application was filed. However, applicants are expected to provide an address in Canada where they may be contacted to provide additional information or to present themselves in person for the purposes of reviewing either identification or eligibility for the PR card. The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).

(Italics ours)

Regarding your first question,

1. Can I start a new process without renouncing or renewing my PR card?

You cannot start a new process such as Express Entry because as stated above, it has not been determined yet that you have lost your permanent residency.

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.

Regarding your second question,

2. Does the officer, even knowing that I have not met the residency requirements may approve my application for PR renovation? (I don’t think that the immigration officer will accept my reasons - my family and my job - )

Unfortunately, it is not possible to provide you a definitive response regarding your question.

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.

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

[Casper2002]

Hi my Brother has been a landed Immigrant in Canada since 1980. He met an American woman and went to the US and got married there. His PR card expired in 2009 he has a flight booked to come back here to Canada this Month June 2015. Can he apply for another PR card?

[SettlementOrgMod]

Hello,

Thank you for sharing your brother’s situation with us.

You can find some detailed information regarding this type of situation in our b]Settlement.Org Do I really need a PR card to travel back to Canada? article.

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