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Zeke10 Posts: 1
Posted On: 10/1/2020
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Good day,
Hello, My name is Zeke, and I’m from the Philippines. I would like to inquire my status of being an Immigrant in Canada. I have my PR card renewed last October 2016. I left Canada March of 2017 because of family matters. I decided to go back in Canada this March 2020. However, because of the Pandemic and implemented restrictions, I wasn’t able to go back. I’m planning to go next year in Canada. Can I still enter Canada without having complications? Thank you
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PMM Posts: 661
Posted On: 10/1/2020
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Hi
Zeke10 wrote:
Good day,
Hello, My name is Zeke, and I’m from the Philippines. I would like to inquire my status of being an Immigrant in Canada. I have my PR card renewed last October 2016. I left Canada March of 2017 because of family matters. I decided to go back in Canada this March 2020. However, because of the Pandemic and implemented restrictions, I wasn’t able to go back. I’m planning to go next year in Canada. Can I still enter Canada without having complications? Thank you
1. It would appear that you no longer meet your residency obligations, and there is a chance that you could be reported on entry. If you are reported, you would have 30 days to appeal the removal order.
2. If you are not reported, you would have to remain in Canada until you are in compliance with your RO.
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Moderator Moderator Posts: 4142
Posted On: 10/29/2020
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Hi there,
In addition to PMM's response, if you have not met your residency obligations, you may still have PR status, there is an official process that must begin for one to lose PR status. IRCC may take humanitarian and compassionate reasons into consideration for your extended stay outside of Canada if you choose to apply for a Permanent Resident Travel Document. This is up to IRCC and it would be best for you to contact the local visa office or IRCC via web form to get more details about your specific situation. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer for advice on the matter.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Settlement.Org Team
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Rasel-Haul Posts: 2
Posted On: 11/4/2020
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Hi There
I landed in Canada summer of 2013 with my wife & 2 kids (who are holder of a British passports) & had our PR soon after we had to go back for school issues, my family stayed & i returned to canada alone, back & forth for few years, later we had a new baby born out of canada but still have the british passport.
Now i have a valid PR, but my family PRs are all expired & new baby who was not added or issued a PR. can you please help me in how to fix this situation now that my wife finally agreed to move to canada with kids? Knowing that British passport holders can come in to canada but i don't want to face any issues entering with British passports while we have a PR, maybe i can use this option only for my new child?
I appreciate your help as this is a big decision
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Rasel-Haul Posts: 2
Posted On: 11/5/2020
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Rasel-Haul wrote:
Hi There
I landed in Canada summer of 2013 with my wife & 2 kids (who are holder of a British passports) & had our PR soon after we had to go back for school issues, my family stayed & i returned to canada alone, back & forth for few years, later we had a new baby born out of canada but still have the british passport.
Now i have a valid PR, but my family PRs are all expired & new baby who was not added or issued a PR. can you please help me in how to fix this situation now that my wife finally agreed to move to canada with kids? Knowing that British passport holders can come in to canada but i don't want to face any issues entering with British passports while we have a PR, maybe i can use this option only for my new child?
I appreciate your help as this is a big decision
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Moderator Moderator Posts: 4142
Posted On: 11/19/2020
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Hello,
Thank you for sharing your question with us. Regarding your situation, you may wish to learn more information about PR holders whose PR cards expired while they are abroad, PR holders’ children who were born abroad, and travelling to Canada without PR status.
1. PR holders whose PR cards expired while abroad
Having an expired PR card does not mean that your PR status is lost. According to the IRCC (Immigration, Refugees and Citizenship Canada)’s web page on permanent resident status, you can only lose your status if you go through an official process.
In thinking about whether your family may lose their PR status, it’s important to think about whether they have met what’s called the “residency obligation” - the obligation for permanent residents to be in Canada for at least two years (370 days) during the past five years. People whose PR cards expired may still have met their residency obligation as a permanent resident, and people can earn days toward their residency obligation even though they are abroad. According to the IRCC’s web page on spending time abroad as a permanent resident, the residency obligation can be met by either physically being in Canada or through one of the following:
You work outside Canada
You need to work full-time for:
- a Canadian business or organization, or
- the Canadian federal, provincial or territorial government
You travel with a spouse or common-law partner
Your spouse or common-law partner needs to be:
- a Canadian citizen, or
- a permanent resident working outside Canada, full-time for:
- a Canadian business, or
- the Canadian federal, provincial or territorial government
You’re a dependent child and travel with your parent
Your parent needs to be:
- a Canadian citizen, or
- a permanent resident working outside Canada, full-time for:
- a Canadian business or
- the Canadian federal, provincial or territorial government
An officer has concluded that you have sufficient Humanitarian and Compassionate grounds based on the evidence
Applicants should submit any and all evidence to demonstrate the reasons why they couldn’t maintain their PR status in Canada. It should be noted that this is a very high threshold and not many people qualify.
Time toward the residency obligation is calculated on a day-by-day basis. For example, each day you are abroad, accompanying and living with a spouse who is a permanent resident employed full-time by a Canadian business, is a day that goes toward the 730 days obligation.
As previously mentioned, a permanent resident can only lose their status through an official process. One way this process can happen is through the PRTD (Permanent Resident Travel Document) application. A permanent resident with an expired PR card wishing to travel to Canada must either apply for a PRTD or give up their PR status. The IRCC may refuse PRTD applications for permanent residents who did not meet their residency obligation. If your PRTD application is refused, you will have 60 days to appeal the decision. If you decide to appeal, you will keep your PR status until a decision is made on your appeal. If you don’t appeal, you will lose your PR status after the 60-day appeal period is over.
Individual circumstances vary, and IRCC officers may determine that applicants who did not meet their residency obligation should still retain their permanent residency and get a PRTD based on humanitarian and compassionate considerations. We strongly recommend that you seek legal help to find more information about your individual case, especially before you start an application.
2. PR holders’ children who were born abroad
A child born to permanent resident parents while abroad doesn’t become a permanent resident by birth. According to Immigration and Refugee Protection Regulations, to become a permanent resident, foreign nationals must apply either as a member of the family class, the economic class, or as a refugee.
Under the family class, permanent residents who are at least 18 years old and reside in Canada can sponsor their spouse, partner, or dependent children to become permanent residents and move to Canada.
3. Travelling to Canada without PR status
UK nationals who are not permanent residents must have an eTA (Electronic Travel Authorization) to travel to Canada. In very limited instances, a person may only need their passport for entry such as US Citizens and the British Royal Family. The IRCC website offers helpful information on travelling to Canada as a non-PR and how to apply for an eTA.
We hope that the information we provided was helpful to you. Again, we strongly recommend that you speak to a reputable and registered immigration consultant or an immigration lawyer who is familiar with Canadian immigration regarding your situation before starting any application process.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
This response was prepared with the assistance of PBSC law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. This response does not contain legal advice. If you require legal advice, please consult with a lawyer.
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