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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95859
Experience:  Lawyer
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This is regarding PR and family (wife and

Customer Question

This is regarding PR for myself and family (wife and child). We are Indian citizens currently based in Dubai. After becoming Canadian permanent residents, we did our first landing in June 2011 and traveled back to Dubai after 2 weeks. We haven't been able to relocate to Canada owing to a multitude of reasons; bank loans, sick parents, lack of job opportunities, no savings to dip into, etc. We had given up on migrating till recently. However, our PR is expiring in 3 months (August 2016) and my concern is that if we were to relocate now before the expiry date, would we have any issues at the airport and be denied entry into Canada as we have haven't met the residency obligation? We have decided to relocate and stay in Canada for good now. Can we enter Canada prior to the PR expiry and legally live there after the PR card expiry? Can we wait for 2 years (after PR card expiry) and then renew our PR cards after satisfying the 730 days criteria? In these two years, can the expired PR cards be presented for my child's school admission, job applications, bank account opening, etc? We also also have our SIN cards.
Please advice.
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.
You can try and re-enter Canada as there is no way for the officer at the border to know whether you have met the residency requirements or not. So it is quite possible that you can re-enter. And if you stay in Canada and then meet the residency requirements you can renew your status. But your children cannot go to school with an expired card. And if you are asked for a PR card as proof of residency for anything you will not have it. You will not be able to provincial health coverage either.You will be able to open bank accounts as there you only have to prove that you are living in the country and it doesn't matter what your status is.
Customer: replied 5 months ago.
Hi, I am not quite satisfied with the answers. If we were to apply for school registration 'prior to a couple of weeks before PR card expiry', would it not be valid? Please clarify. So what happens to someone who is staying in Canada whose PR card has expired, will he/she be denied medical assistance?
Expert:  Legal Ease replied 5 months ago.
This is not about you card expiring. It is about your losing you status. You are not entitled to medical care if you are in Canada without legal status.And you are not entitled to public school for your children either. If you can get your children enrolled and the person doing the admission misses that the card is about to expire you may be able to manage but if they see it they will ask you to provide proof of renewal and eventually your children will not be able to attend school. You cannot get provincial health care until you have resided in the province for three months. So again, it is possible that you provide proof of PR status and the fact that the card is about to expire may be overlooked but if not you will be asked to provide proof of renewal and you won't be able to do that unfortunately.You would have to pay for school and for medical care privately. I was just about to go to bed. If you still need me I will answer again in the morning.

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