Hi,
I have similar issues like Adi.
I went to Canada in July 2016 with FSW Migration Visa and came back to Bangladesh after staying about 20 days. Then again i went to Canada in December 2016 and stayed about 35 days and came back to Bangladesh.
Entry Date Departure Date Days
First entry 14/07/2016 02/08/2016 19
Second entry 06/12/2016 10/01/2017 35
Total Days 54
I got the PR card with the validity till August 2021 and now I want to permanently go back to Canada for settlement. Now, my questions are:
1. Since I have been staying outside Canada since January 2017, is it going to be an issue during port of entry? Will there be any issue as I stayed outside Canada for quite a long time.
2. Will there be any issue for extending my PR card?
3. How long I can stay in Bangladesh without impacting my PR status and citizenship application?
4. If I move to Canada after August 2018 (meaning not staying there for minimum 3 years with this PR card, valid till August 2021), can I apply for my citizenship of Canada without extending my PR?
Thank you in advance.
Best regards,
Saleh
Forget the date your PR Card expires, that is not at all relevant to you.
Your 5 year period is from 14/07/2016 to 13/07/2021
You currently have 54 days in Canada meaning that there need to be at least 676 days left in that period for you to meet your residency requirement.
Therefore, you must re-enter Canada before 6 September 2019 to be in compliance with your residency obligation; and you should be prepared to stay in Canada for the entire time and even beyond 13/07/2021 to be sure that you meet the RO. Starting 14/07/2021 your days in Canada in 2016 will no longer count towards your RO, and you must remain compliant with the RO in a rolling 5-year period starting on that date and for 5 years back from each day thereafter going forward.
So as to your questions:
1. There may be questions, but as long as you can show (and you have to have the evidence) that you can meet the RO you should not be reported.
2. I would make sure that you have well over the minimum number of days (730) spent in Canada before you renew your PR card. If you cut it close, be prepared to have to show a lot of evidence that you have met the residency obligation. give yourself as much time in Canada over 730 days as possible, and remember that the residency obligation is ongoing. days in 2016 will stop counting in 2021 as days in Canada for the residency obligation.
3. See above for PR status, you must re-enter Canada before 6 Sept. 2019 to be able to meet the minimum requirement. I would advise to come to Canada as soon as possible and get settled to avoid (future) hassle. The whole point of PR Status is to allow you to come to Canada and contribute to Canadian society. Do not abuse this privilege. As for a citizenship application, you will need to be physically present in Canada for 1095 days in a 5 year period, and meet other requirements that are completely separate from your PR requirements.
4. If you move to Canada in August of this year, you will have ample opportunity to meet the residency requirement to maintain your PR status. As above, for citizenship you have to be in Canada for 1095 days in the last 5 years before you submit your application. It is a separate process.
Remember that even if your PR card expires, you are still a PR. The card is a travel document, like a passport. just because it expires, it doesn't mean you lose your status. However, if you cross the border or make an application with IRCC and you don't meet the residency obligation, steps can be taken to revoke your PR status. There is no automatic loss of status.
