Expired PR Card
Expired PR Card, what to do next
There are seven mistakes applicants make when you have expired PR card and are currently residing outside of Canada.
Mistake 1 I think my PR status is linked with my PR Card, and PR card is a representation of my Status.
No. PR Card is a travel document. If you don’t need to travel anywhere, there are other documents which can proof you’re PR. PR Card is not necessary, it is not a status document.
PR status is not a five-year visa. It’s permanent as it is called permanent residency.
Mistake 2 When my PR card expires, I lose my PR status.
Same as mistake 1. You may have PR status without PR card, for years. In fact, many PR inside Canada, without the need to travel, or for various other reasons, could not meet residency obligation, do not need to apply PR card, and PR status is with you unless the Immigration court says no or you renounce it by yourself.
Mistake 3 When my PR card expires, and I didn’t live 2 years of 5 years in Canada, I lose my PR Status.
Same as mistake 2. PR status is only lost when immigration court makes the decision of loss of status or you initiate the renunciation step by yourself.
When you see professional help, you’ll learn that there are many steps before immigration court makes that negative decision.
Mistake 4 If I want to come back to Canada, when I don’t meet residency obligation of 2 years, I must come back by direct flight.
This is the most common mistake when applicant tries to come back by direct flight. Due to the fact that you don’t possess a valid PR card, but never lost PR (refer to mistakes 2 and 3), sometimes you choose to apply PR travel document, aka PRTD. This “worst” choice leads to the examination of residence days. Often the results of PRTD applications are refused, and you have no other options but to do immigration court appeal or renunciation.
If you could, try apply USA B2 visa, then come to Canada by flight from your residence to USA, then passing through USA-Canada land border by private vehical. This way, when you report to border officer CBSA at land crossing, there is a (significantly higher) chance that you won’t need to go to immigration court to appeal in the future.
Mistake 5 I didn’t fulfill 730 days, but I have PR card, but I can live 2 years in the future, I’m good.
No. When you don’t meet 730 days, you’re always in breach of act 28 and you must face the issue, like you treat a cancer in your body.
You should not take future Canadian residency days into consideration, when you landing as PR for more than 5 years. You may only count backwards for 5 years.
Mistake 6 If I come to Canada via USA land crossing, then I go outside of Canada next week, then the week after I need to come back again to Canada.
Each time you come to Canada as PR, you face a residency obligation examination by immigration law act 28. If you happen to use humanitarian and compassionate grounds to enter Canada without punishment for once, don’t do this repeatedly; don’t test officer’s patience again. When you didn’t fulfill residency obligation, the best option is to come to Canada for one time, then establish yourself in Canada. You may have a chance in a few years to regain normal PR card and by then you can travel freely again.
Mistake 7 I just heard people can come to Canada via USA land border and stay two years, to “restore” PR. So I just come, I demand officer to let me stay 2 years. If refused, I’ll stay underground for two years.
There are probably like 20 mistakes in this sentence.
It’s not a restore PR process. Your PR never get lost if you never received a removal order nor a negative decision of your PRTD. You may stay two years in order to apply PR card, this is because of the leniency and exception the border office provided to you. The border CBSA officer may as well give you a removal order, which you must response. If you don’t response and stay underground, you’ll likely to have a deportation order. Trust me when I say you don’t want a deportation order when the only mistake you made was : not fulfill residency 730 days obligation and never sought legal help.
Retain PR status when you live less than 730 days requires understanding of the law and strategical planning. Consult <info at averybc dot com> to avoid the mistake of giving up PR. Book a paid session <with info at averybc dot com> to prevent the biggest mistake of your life: Misrepresentation.