Jackal

Hi all,

Is it possible to recover the expired Permanent Resident Card in CA?

It was obtained over 10 years ago and is already long time overdue.
To my knowledge it was never renounced nor cancelled officially in writing by any authorities.

Thanks
T

christmasoompa

The card expiration date doesn't matter, as long as you've maintained your PR status by spending enough time in Canada. If so, you don't even need a current card, but you can apply to renew your old one if you want. The card is only proof of your status, and it's the status that can be renounced or lost.

AJ_2021

As above, we had PR but spent too long out of Canada and as a result have now renounced our PR and will have to start fresh if we do seriously want to return to live. Renouncing PR was very simple and will allow us to now visit as tourists again.

In summary, if you don't spend the minimum amount of time in Canada within the 5 year period to ensure PR status is valid, then you cannot re-enter with your PR card, you would have to renounce and start fresh.

tooboocoo

I believe that if you arrive via a land border - so from the USA - you are not required to renounce your PR on the spot.

Can anyone advise with some certainty if a 'lapsed' PR - i.e. I have NOT spent the required 730 days out of the first 5 years in Canada - can be somehow saved, without having to start again from scratch with a completely new PR application? I'm outside the country at present.
I have good, including 'compassionate', grounds, for my absence. Has anyone done this successfully? Please get in touch - I'm happy to discuss further by PM if you so prefer.

christmasoompa

You've never required to denounce your PR on the spot regardless of where you enter.

Yes, there are exemptions to the 730 day requirement, by living with a Canadian spouse abroad or working for a Canadian company abroad. Compassionate reasons are another, but it will depend on the reason, for that to be valid it would need to be something like being hospitalised and unable to return to Canada, a genuine reason for being unable to travel at all.

How much time have you spent in Canada in the past 5 years? You mention 'the required 730 days out of the first 5 years in Canada' but note that it's every 5 year period, not just the first. So if you've not met the requirements in the first 5 years but are in Canada now and have met the requirements over the past 5 years, then you're fine. You need to be able to count backwards from any date and have spent 730 days in Canada.

tooboocoo

Hi Oompa, thank you for your very quick response.

I saw a CIC-sourced story about of literally thousands of cases of 'lapsed' PRs arriving by international flight (on their foreign passports, by definition) and being refused entry on that occasion unless they renounce their PR then and there and enter as tourists. In such circumstances, most people renounce, quite understandably.

With regards to my case - in the past 5 years I've spent zero time in Canada. In the 5 years prior, about 17-18 months. My original 'landing' was in late June 2013. Am I sh*t-out-of-luck?

AJ_2021

We were out of days and were informed by a registered immigration specialist of our options.
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I suggest you speak with one (if you DM me I can give you the details of the one we spoke to) but for our personal circumstances were were advised to revoke and reapply if we wished to consider a future move.

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christmasoompa

That sounds like they made the mistake of getting ETA's, hence the option to enter as tourists. They were still given a choice though, they could have been referred and argued their case. There would be no difference at the land border, either way you'll be asked about your last entry to Canada etc.

Depends on your reason for not being able to move. As above, if you have a genuine 'really couldn't get on a plane' reason, then you are in with a chance. If you stayed out of Canada to work, or take care of family, etc, then yes, I'd say you are I'm afraid. Depending on your risk tolerance, you could try entering via the land border (no point in flying, as you wouldn't even be allowed on the plane) and seeing if you get in. But just be aware that if you were let in by an unobservant immi officer somehow, you'd then have to stay in Canada for the next 730 days and wouldn't be able to leave. So if that's not an option, if you're eligible to reapply then tbh that might be easier.

Good luck.