Hi Everyone,

The PR card of my parents expired in 2014 (2009- 2014) was the validity of the card. They have spent 3 months in 2009 and stayed for 13 months from April 2013 to May 2014. They are now coming to Canada next month (after a gap of 2 years+). Since their PR card is expired they are coming via USA as my brother lives there. We are going to be driving in a private vehicle. I called CIC and confirmed that Landing Paper can be used.

I learnt that there are two possibilities one is they could be let in without any questions being asked and the 2nd is they could be let in for 30 days with a removal order. Is there any other scenario that can happen?

Lets say in worst case scenario, they are handed a removal order and we appeal that, Can they travel outside Canada (Let's say to the US for 2-3 months?)

If you need correct answers, I would advise you to talk to an immigration lawyer in Canada.

Murali

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I am a Gents and not a Ladies.

You surely have done your initial spade work and you seem to have gotten all of the answers EXCEPT for the last query at the bottom.

With all of the Documentation and a permanent address here in Canada for your Parents, they will provide them with the entry and also an avenue to pursue through the proper channels (Legal) and resolve the issues that you have on hand. The only way that they can resolve is through a lawyer and the legal system. You have been told that already. He will also provide you with all of the answers at that time.

Recently there was a proposal made by a few MP's for an AMNESTY for people in such a situation. Hope this comes through. But it has to go through the Parliament and gets passed.

As for the last query, YES, they can leave anytime they so please, BUT, to get back in once again into Canada, if the papers are in Process and it has not been resolved in their favour, then they will need a VALID PR Card to return back. Also they cannot RENEW it unless they have qualified fully for such renewal, which I see is NOT POSSIBLE. In short it will be a ONE Way Ticket back home.

So, stay out of Canada till they are DEFINITELY ready to resolve the issue once and for all and work for and obtain a VALID 'PR' Card to come back. Please tell them that it could be a very long period if they wish to regain their PR status once more.

FH.
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Originally posted by vivek901

Hi Everyone,

The PR card of my parents expired in 2014 (2009- 2014) was the validity of the card. They have spent 3 months in 2009 and stayed for 13 months from April 2013 to May 2014. They are now coming to Canada next month (after a gap of 2 years+). Since their PR card is expired they are coming via USA as my brother lives there. We are going to be driving in a private vehicle. I called CIC and confirmed that Landing Paper can be used.

I learnt that there are two possibilities one is they could be let in without any questions being asked and the 2nd is they could be let in for 30 days with a removal order. Is there any other scenario that can happen?

Lets say in worst case scenario, they are handed a removal order and we appeal that, Can they travel outside Canada (Let's say to the US for 2-3 months?)

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Do not apply for a Visa for them as before issuing a Visa , the Consultate would definitely request their PR card to be deposited and status cleared as a visitor only.

I may be wrong but what I had learnt on the forum itself was - that if you have managed to enter Canada with an expired or close to expiry PR card, you can apply for its renewal.

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Fido.

Normally when a PR card holder makes a request for a VISA to enter into Canada, it drops a RED FLAG in their system. It becomes an automatic NO. So, they can cross the border and find a solution to the issue. Or resolve the same through the legal channels from outside or from within.

Renewal process becomes simple, ONLY if they can stay WITHIN for a required period of TWO Years and then apply for a renewal after that. They might consider that as satisfactory for renewal.

It is for those who have been through this process and then done that to appear here and confirm it. I an currently helping another family to accomplish this and the application forms are in the filling stage. BUT, they have been here currently for the past TWO FULL years, having obtained entry after the lapse of their initial PR renewal period. (But they are here !).

Hope this helps.

FH.

For O.P. His Parents may have to forgo the initial THREE Months, as he will not be able to swing that in his calculations. More on it if he wants to provide complete (additional) details.

Hi Everyone,

I spoke to the Lawyer and it seems like it is not a big of an issue and the lawyer told me they can come here using landing papers. They have already spent 13 months between 2013-2014. The lawyer told me if they come here in January and spend another 2-3 months, she can make a H&C case and get the PR renewed as they are short by 8-9 months.

Not sure whether this is possible...but at this point the only thing we can do is take a chance....worst case scenario is we will sponsor them again..the processing time is down to 2 years now!!!

When the P.R.Rules say Two years out of Five, it becomes difficult to drag the first three months into the Five. I could not see how I can swing that in.

But the Good News for NEW Sponsors are, that they have recently reduced the Processing time to 12 Months, just half the previous years, just last month, that is. But why take a second plunge, if the first one did not fly.

The best part is the Free Health Care and we all will need it some time. More so as we age. Who knows, jump back in and get the best part of it.

Well the lawyers can always show you the way to get a quick processing, through the H & C route. So, take it. It will still take a minimum of SIX Months. Are they ready for our winters? This one is an ARCTIC VORTEX, and I can tell you by the size of my Dog's willie.

FH.