Help needed in understanding my PR situation

[tunaibasu]

Hi Experts - I need help from you all regarding my situation and what I can do to my Permanent Residency status. I got my PR in August 2016(my clock started then) but since then I have not entered Canada because of certain family constraints. I got my PR with CEC. Since 206 August I have been living in the United States. I know as I have lost more than 3 years, my PR status might have got invalidated. Can I still enter Canada with my existing PR status or do I need to apply from the beginning.

Also can I request CIC to help me get my clock reset? I am desperate to move to Canada now and if anyone of you can please show me the way forward, I will be really grateful.

Please help me.

Thanks,
Subhajit

 

[Wolfpmd3]

There is no way to get the clock reset, the date when you became a PR is when the clock starts and nothing can be done about it.

Secondly, yes, you can still travel and enter Canada. You are still a permanent resident.

When you are going to have issues however, is in August 2021 when you'll want to renew your PR, you won't be able to do so because you will not have met your obligations as a PR (being physically in Canada for at least 2 of the 5 years)

But for now you're good.

 

[Wolfpmd3]

Hi Experts - I need help from you all regarding my situation and what I can do to my Permanent Residency status. I got my PR in August 2016(my clock started then) but since then I have not entered Canada because of certain family constraints. I got my PR with CEC. Since 206 August I have been living in the United States. I know as I have lost more than 3 years, my PR status might have got invalidated. Can I still enter Canada with my existing PR status or do I need to apply from the beginning.

Also can I request CIC to help me get my clock reset? I am desperate to move to Canada now and if anyone of you can please show me the way forward, I will be really grateful.

Please help me.

Thanks,
Subhajit

When the 5 years are over, an officer will have to do a formal assessment of your situation, but if you don't meet your obligations its very unlikely you'll be able to get a favorable decision.

 

[tunaibasu]

When the 5 years are over, an officer will have to do a formal assessment of your situation, but if you don't meet your obligations its very unlikely you'll be able to get a favorable decision.

Thanks for the quick response. So do you suggest I apply for PR again after renouncing the current one?

 

[Wolfpmd3]

You don't need to renounce the current one.... You might eventually need to do that though.

You still hold a valid PR card and will remain a PR until you've renounced your status or after an official assessment from an officer determines that you didn't meet your obligations and based on this you lose your PR status.

But for now, until August 2021 at least, you're good to enter Canada through a commercial flight.

 

[k.h.p.]

Don't renounce until you are confident you will lose your PR.

You can always re-apply but you'll need to be re-invited and you'll need to ensure you have the sufficient points.

If you desperately want to move to Canada, then drive to Canada and try to get in and be ready to stay there until you've met your residency obligation.

 

[tunaibasu]

You don't need to renounce the current one.... You might eventually need to do that though.

You still hold a valid PR card and will remain a PR until you've renounced your status or after an official assessment from an officer determines that you didn't meet your obligations and based on this you lose your PR status.

But for now, until August 2021 at least, you're good.

Thanks again. Do you know if there are cases like me where they were able to renew the PR post the first 5 years?

 

[ContactFront]

The best course of action now, if you want to keep your PR status, is to make arrangements to come to Canada as soon as possible while you still have a valid PR card.
CBSA may or may not discover your failure to meet residency obligation.
If you are able to enter Canada without being reported by CBSA, you'll need to stay for at least 2 years without leaving or renew your PR Card

 

[tunaibasu]

Don't renounce until you are confident you will lose your PR.

You can always re-apply but you'll need to be re-invited and you'll need to ensure you have the sufficient points.

If you desperately want to move to Canada, then drive to Canada and try to get in and be ready to stay there until you've met your residency obligation.

Thank you for the reply. Even if I drive in but in 2021 August, I will anyway have to move out of Canada...right? Are there any chances where I can renew my PR then? Let me know if you know any such cases.

 

[ContactFront]

When you are going to have issues however, is in August 2021 when you'll want to renew your PR

OP does not need to renew his PR card in August 2021. As long as he's in Canada and doesn't travel outside of the country

 

[ContactFront]

Thank you for the reply. Even if I drive in but in 2021 August, I will anyway have to move out of Canada...right? Are there any chances where I can renew my PR then? Let me know if you know any such cases.

No you don't. As long as you are in Canada, you don't need a PR card.
Wait till you meet your residency obligation to renew your card

 

[tunaibasu]

No you don't. As long as you are in Canada, you don't need a PR card.
Wait till you meet your residency obligation to renew your card

Oh glad to know that!! Thanks for all the details. But when I will apply for renewal (post completing the RO), will I not be at fault as I originally did not meet the RO? Please let me know.

 

[ContactFront]

Oh glad to know that!! Thanks for all the details. But when I will apply for renewal (post completing the RO), will I not be at fault as I originally did not meet the RO? Please let me know.

When you renew your card, IRCC only examines 5 years immediately prior to the date of your application.
For instance, if you submit your application to renew PR card in 2025, they only look at 2020 - 2025

Again PR card is merely an identity document, You need it to travel back to Canada if you are outside the country. You don't need to have it if you stay inside Canada.

 

[tunaibasu]

When you renew your card, IRCC only examines 5 years immediately prior to the date of your application.
For instance, if you submit your application to renew PR card in 2025, they only look at 2020 - 2025

Again PR card is merely an identity document, You need it to travel back to Canada if you are outside the country. You don't need to have it if you stay inside Canada.

Thanks a bunch. Last question for now. Sorry to bug all of you!
It will be little difficult for me to come into Canada by road. I will plan to come by air. Do you see that as a challenge considering I haven't met RO so far? Please suggest.

 

[k.h.p.]

It will increase your chances of a report of your RO breach.