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Expired PR card with Employment Eligiblity

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vancouverchen88 View Drop Down
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    Posted: 12 Jan 2012 at 4:18pm
Hello, here
    I have a question. My husband's PR card expired. He didn't meet the two years residency and he was working in US. and so right now he is waiting for another year to apply renew maple card. I am wondering if he can go work. Since he found a job but the employer need maple card copy. So we don't want to show them expired card. So he gave up that offer. Does anybody has the same exprience, could you give us some recommedation. Anybody has the experience to go through expired maple card renew process. ( not met two years residency).
 
Thanks,
 
Jenny
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jogruni View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jogruni Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2012 at 10:53pm
He is in Canada? No removal order?
Sure, why not!

As long as he was able to enter Canada (even with an expired PR card) and he did not get a removal order, nothing has changed his status. He is still a PR and can work. (He should have a SIN number though)
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 13 Jan 2012 at 1:26am
Not sure what you mean by "maple card."

Do not apply to renew the PR card until being in compliance with the PR obligation. (If short as of the day applied for, it will be denied. If way short could result in residency examination and issuance of removal order.)

Presenting a SIN card should satisfy an employer of the PR's right to work.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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vancouverchen88 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote vancouverchen88 Quote  Post ReplyReply Direct Link To This Post Posted: 13 Jan 2012 at 5:30pm
Hi,
   Thanks your guys reply. He is in Canada.He stayed with me together. I am Canada citizenship One thing I just want to ask how we explain to human resource  re expired card  things. I don't want human resource called Immigration to check get him flagged. Any recommendation appreicated!
 
 
Jenny
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 13 Jan 2012 at 7:18pm
If he shows a valid SIN card there should be no need to present the PR card.

He can also show original CoPR or (if he became a PR prior to the implementation of the CoPR, the document issued confirming landed status) to show PR status. He can simply, honestly, state to a prospective employer, if asked, that he does not have a current PR card and that he is waiting until he can obtain a new card but it will be many months at least, and, again, show his original landing papers to show his status.

The longer he remains in Canada in the meantime, and in particular the more established he is in Canada, the less likelihood of any problems with CIC or CBSA so long as he does not leave Canada. Even when, for whatever reason, an investigation is commenced, CIC takes a lot of time to pursue these things unless there are compelling circumstances, like allegations of serious criminality or fraud or such, and in the meantime the time in Canada will count toward meeting the Residency Obligation.

Moreover: Except in compelling circumstances I doubt that CIC or CBSA will even look further at a PR if they receive a report that there is a PR who lacks a valid PR card. There is no requirement or obligation for a PR to keep a valid PR card. There is nothing wrong with allowing the PR card to expire without obtaining a replacement. Only a PR who wants to travel internationally needs to have a valid PR card in possession (need one, as well, perhaps, to apply for citizenship, or at least it is advisable). So there is no reason, based on that information alone, to investigate a PR just because it is reported the PR lacks possession of a currently valid PR card.

Even a report that there is a PR who has breached the PR residency obligation, if not basically an internal government generated report (such as from CBSA to local CIC office; or from a processing center to the local office), seems unlikely to result in an inquiry let alone an investigation.

And, again, even if an investigation is commenced at some point as a result of some report in that scheme of things, unless there is some reason to be specifically concerned about the particular individual (hints of involvement in organized crime say), I doubt very much this would proceed other than, at most, a slow pace that should not significantly jeopardize his status in the long run.

If, of course, a removal order is issued at some point, he could continue to stay in Canada during the appeal process and this can also take a long time. This period of time, however, will NOT count toward meeting the residency requirement.

Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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jogruni View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jogruni Quote  Post ReplyReply Direct Link To This Post Posted: 13 Jan 2012 at 7:18pm
There is no requirement to have a valid PR card. The only time you need it is to board a plane destined to Canada or at the border. But even at the border you usually get along with an expired card.

Again: As long as you do not travel, there is no requirement to have a PR card at all. If he has a SIN and maybe a provincial drivers license, there is no reason to present a PR card. I sometimes use it as the second peace of picture ID, if required.
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