Clarity on PR obligations...

[max09]

Hi Guys

I have reviewed many threads and posts trying to get clarity on my PR obligations however I have observed contrarian views, so thought it would be best to create a separate thread asking for advice specific to my case.

I first landed in CA in Oct, 2015 and returned after 20 days.
I was issued the PR card in Jan, 2016 with an expiry of Jan, 2021.

Which date will be considered as START DATE for my 5 years PR period out of which 2 years will be considered for fulfilling my PR obligations; will that be the date of first entry in CA or the date PR card was issued?

Which date is considered as the expiry date of my PR, Oct, 2020 or Jan, 2021?

Lets assume the START DATE to be Oct, 2015 and I land in Aug, 2018

1) Do I run the risk of being reported even if I return back in August or September 2018 or only if I land beyond Oct, 2018?
2) Will I be able to directly apply for citizenship after Oct, 2021 (assuming I do not leave CA even for a day) or I have to first renew the PR/PR card?
3) When will I need to renew my PR, as soon as I complete about 800 days in CA or only after my PR card expires ?
4) If I have to leave CA for say 10 days because of a family emergency while I still haven't completed the 730 days, what happens when I come back, do I get reported even if I have a stable job and say an investment like a house in CA?
5) If I have to leave CA for say 10 days because of a family emergency while I have applied for renewal of my PR card (my original PR card is still valid) what happens when I come back, do I get reported even if I have a stable job and say an investment like a house in CA?
6) If I have to leave CA for say 10 days because of a family emergency while I have applied for renewal of my PR card (my original PR card has expired) what happens when I come back, do I get reported even if I have a stable job and say an investment like a house in CA?

Would really appreciate your inputs.

Thanks

 

[Buletruck]

Your RO begins the day you land and become a permenent resident. The PR card has nothing to do with that.

1. As long as there are sufficient days remaining remaining in the first 5 years from your date of residency, you should be fine. You may (likely) end up with your PR card renewal in secondary if you cut it close to the 730day requirement.
2. As long as you meet the requirements for citizenship, you can apply. No need to renew you PR card.
3. There is no requirement to renew or even possess a PR card, unless you travel outside of Canada. It’s a travel document.
4. It’s possible. Any entry into Canada without meeting RO, risks being reported.
5. Are you in compliance of RO or not. If you are, you come back, if you’re not, see 4.
6. See 5

Having a stable job and a house and two cars won’t stop them from reporting you and reviewing your PR status (start the process to revoke it) if you are not in compliance with RO.

 

[max09]

Your RO begins the day you land and become a permenent resident. The PR card has nothing to do with that.

1. As long as there are sufficient days remaining remaining in the first 5 years from your date of residency, you should be fine. You may (likely) end up with your PR card renewal in secondary if you cut it close to the 730day requirement.
2. As long as you meet the requirements for citizenship, you can apply. No need to renew you PR card.
3. There is no requirement to renew or even possess a PR card, unless you travel outside of Canada. It’s a travel document.
4. It’s possible. Any entry into Canada without meeting RO, risks being reported.
5. Are you in compliance of RO or not. If you are, you come back, if you’re not, see 4.
6. See 5

Having a stable job and a house and two cars won’t stop them from reporting you and reviewing your PR status (start the process to revoke it) if you are not in compliance with RO.

Thanks Buletruck, appreciate your response.
I have some followup queries:
1) What is meant by "PR card renewal in secondary" ?
2) So if I land in August, 2018, I can live in CA even beyond Oct, 2020? I can also apply for citizenship after Aug, 2021 directly? I do understand I would not be able to travel outside CA after Aug, 2018 till I get the CA passport. Is this understanding correct?
4) So if I enter CA on 1st Aug, 2018, travel to India for 10 days from 1st to the 10th of Aug, 2019, I do run the risk of getting reported even when I have sufficient days beyond 10th Aug, 2019 till Oct, 2020 to easily complete the 730 days requirement, is that correct? Is there a clear cut specified rule for this or is this matter subjective to the view IO takes?
5) If you are in compliance of your RO, you would still be allowed in on the expired PR card?

Regards

 

[Buletruck]

1. When you renew your PR card, if there is information IRCC doubts, they can send your application to secondary review for further, more detailed investigation.
2. Yes.
3. You can however travel anytime. There is nothing prevending you from travelling, just whether it is advisable if you don’t meet RO.
4. If you leave and have sufficient days remaining there is no issue. CBSA decisions are pretty subjective. All depends on who you encounter.
5. Again, the PR card is a travel document. CBSA can determine your status at the point of entry. Getting in a plane/bus/train/ship with an expired PR card is a different matter. You would need a PRTD if your card was expired.

 

[max09]

1. When you renew your PR card, if there is information IRCC doubts, they can send your application to secondary review for further, more detailed investigation.
2. Yes.
3. You can however travel anytime. There is nothing prevending you from travelling, just whether it is advisable if you don’t meet RO.
4. If you leave and have sufficient days remaining there is no issue. CBSA decisions are pretty subjective. All depends on who you encounter.
5. Again, the PR card is a travel document. CBSA can determine your status at the point of entry. Getting in a plane/bus/train/ship with an expired PR card is a different matter. You would need a PRTD if your card was expired.

Cool, that clarifies a lot.
Thanks Buletruck !

 

[Masonb6888]

It’s possible. Any entry into Canada without meeting RO, risks being reported..

Sorry, just want some clarification on this myself.
When you say, "any entry into Canada without meeting residency obligations risks being reported.."
-does that mean when you're cutting it close to the five year mark and there aren't enough days left in your 5 years time frame to actually meet the RO?
-or do you mean in general? like as in I just landed in November and actively live here in Canada, and I shouldn't be traveling until after the 730 day mark?

Just want to make sure I'm understanding the ROs correctly.

 

[Buletruck]

Specifically if you are cutting it close. If there are sufficient days left during the first 5 years (I.e. you leave after the first year, there are still 4 years left in which to meet RO) there is no problem. If you left after a year and came back 3.5 years later, that could be an issue (most likely would be an issue).
As long as there is sufficient time left in the first 5 year period to accumulate the required 730 days in Canada, you’ll be fine. After the first 5 years, you need 730 days in the 5 years preceding years at any entry.