PR Expiry vs PR Card Expiry - Confused!

[_Harry_]

Hi Forum Members,

I got my PR in 2017, did soft landing last year and got my PR card in Sep 2018. The card is valid till Sep 2023. Due to certain reasons, I am yet to move to Canada for good, although I am planning to go by before March/April 2020. This gives me good 3+ year in my PR validity to furnish my 730 days of stay to continue my PR for next 5 years.

I, however, need some clarity on below 3 doubts. Kindly illuminate:

1. I have not been in touch with the PR rules changes lately. Kindly confirm if there is any change in the 5 year PR & 2/3 years stay for PR/Citizenship rule.

2. What exactly is the difference between PR card expiry and PR expiry? Are they both same or different?

3. If someone is not able to furnish his/her stay in Canada for 730 in 5 years, then what happens?

Thank you.

 

[Bs65]

1)for PR the residency obligation you need to be in Canada for 2 years in the first 5 years from initial landing and after that you need to be able to show 2 years in the 5 years prior to any new entry into Canada. Your PR card issue/expiry date is not relevant to meeting the residency obligation

Citizenship requires 3 years of physical presence in Canada in the 5 years prior to the application date. This can be 2 years as a PR and the remaining year made up of one half day for every complete day spent in Canada as a student/temp worker/visitor

2)PR status never expires and can only be revoked or renounced. Only PR cards expire and you need a valid PR card to travel back into Canada or else a PRTD

3)if you fail the residency obligation and are not in the country then when you try to enter again there is a chance your PR status may be revoked subject to appeal.

You cannot renew a PR card from outside of Canada so if you need to apply for a PRTD having not met the RO then this could also result in PR status being revoked.

There no real obligation to keep a valid PR card although without one makes life difficult to travel anywhere outside of Canada to fly back as you would need a PRTD or cross the US/Canada border with an expired card

Based on your PR card issue date then would guess your initial landing was around July/August 2018 so in theory you could stay away until around July 2021 but then would need to stay put for 2 plus years to meet the residency obligation

 

[_Harry_]

1)for PR the residency obligation you need to be in Canada for 2 years in the first 5 years from initial landing and after that you need to be able to show 2 years in the 5 years prior to any new entry into Canada. Your PR card issue/expiry date is not relevant to meeting the residency obligation.
Citizenship requires 3 years of physical presence in Canada in the 5 years prior to the application date. This can be 2 years as a PR and the remaining year made up of one half day for every complete day spent in Canada as a student/temp worker/visitor
Thank you

2)PR status never expires and can only be revoked or renounced. Only PR cards expire and you need a valid PR card to travel back into Canada or else a PRTD
Thank you

3)if you fail the residency obligation and are not in the country then when you try to enter again there is a chance your PR status may be revoked subject to appeal.
Just curious if there is any way to appeal online or one needs to hire an immigration lawyer and do the offline appeal for it!

You cannot renew a PR card from outside of Canada so if you need to apply for a PRTD having not met the RO then this could also result in PR status being revoked.
Does this makes the person back to square 1? Going back the EE pool and clear ITA cut-off?
Retake IELTS and everything? Or do such cases get any special reservation while re-applying for PR?

There no real obligation to keep a valid PR card although without one makes life difficult to travel anywhere outside of Canada to fly back as you would need a PRTD or cross the US/Canada border with an expired card
I am yet to fully grasp the possible situation might be where person's PR is not expired but PR card is. Can you please share any such situation where this might happen?

Based on your PR card issue date then would guess your initial landing was around July/August 2018 so in theory you could stay away until around July 2021 but then would need to stay put for 2 plus years to meet the residency obligation

Thank you for the detailed reply. Can you also please enlighten on the highlighted points in your reply.

 

[RajC6]

Hi , I am from Hyderabad, India - and in same situation. I am not sure - how to handle current situation. Due to covid situation unable to travel.If i do not land in Aug2021 then my 2 years lapse period and pr card expiry is due aug2023. - kindly let me know
- here i have 1 query to you. if PR card getting expired in sep2023, considering 2 years mandatory stay for PR renewal - then you might have been in Canada latest by aug2021 - right?
Will Canada border officials enter into Canada if 2 years lapse period not satisfying?

 

[armoured]

Hi , I am from Hyderabad, India - and in same situation. I am not sure - how to handle current situation. Due to covid situation unable to travel.If i do not land in Aug2021 then my 2 years lapse period and pr card expiry is due aug2023. - kindly let me know
- here i have 1 query to you. if PR card getting expired in sep2023, considering 2 years mandatory stay for PR renewal - then you might have been in Canada latest by aug2021 - right?
Will Canada border officials enter into Canada if 2 years lapse period not satisfying?

This subject is discussed extensively in the residency obligation forum:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

For example this thread:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/out-of-canada-for-more-than-3-years-wants-to-return-wont-able-to-meet-ro.733740/

Without dates and specifics such as when you landed first and how many days in Canada, hard to be more specific.

But even assuming you first landed in, say, June 2018 and spent only one day in Canada - right now you are still in compliance. If you arrive after the three-year anniversary of your landing, and you arrive in September - you will only be three months out of compliance.

There is often lenience and they must take into consideration other factors - like covid. This means that there is a good chance of leniency and you will be let through to reside with no immediate issues. They must consider things like the travel ban from India.

The short and simple advice though is: return as soon as possible; be prepared to explain why you were delayed (eg covid); and be prepared to remain in Canada until you are back in compliance, and renew your PR card only after you are back in compliance.

If you return much later (much more out of compliance), there are more risks of issues.

Anyway, read up in other threads and ask there.