Keeping PR with fewer than 730 days out of five years

[Mike112358]

This forum has helped me a lot a few years ago (especially posts from dpenabill, as I still recall) when I was a lurker. Now I’m back with a question.


My parents got PR just over three years ago. They’ve been in and out of Canada several time since then and were planning to move for good this summer but Covid happened and - being older - they didn’t. Now they are not in a position to accumulate two years worth of time in Canada during the five years since landing. Even if they arrive in January and stay, they’ll be about 4 months short by the five-year mark.


What are their options if they still want to move as PRs? A border agent mentioned to me that at the port of entry their days will be automatically counted and they will be asked to renounce their PR and will be denied entry unless they have a regular visa. Is that the likely outcome? Are there any ways around this?



What advice can you guys offer? Are they basically out of luck and should get a grandparents visa and reapply for PR? Or is there still a way to keep the PR? I know there are compassionate grounds reasons but the border agent I talked to said she highly doubts they apply here.



Thank you - I’d greatly appreciate any help.

 

[chotemiya3]

This forum has helped me a lot a few years ago (especially posts from dpenabill, as I still recall) when I was a lurker. Now I’m back with a question.


My parents got PR just over three years ago. They’ve been in and out of Canada several time since then and were planning to move for good this summer but Covid happened and - being older - they didn’t. Now they are not in a position to accumulate two years worth of time in Canada during the five years since landing. Even if they arrive in January and stay, they’ll be about 4 months short by the five-year mark.


What are their options if they still want to move as PRs? A border agent mentioned to me that at the port of entry their days will be automatically counted and they will be asked to renounce their PR and will be denied entry unless they have a regular visa. Is that the likely outcome? Are there any ways around this?



What advice can you guys offer? Are they basically out of luck and should get a grandparents visa and reapply for PR? Or is there still a way to keep the PR? I know there are compassionate grounds reasons but the border agent I talked to said she highly doubts they apply here.



Thank you - I’d greatly appreciate any help.

I had a friend who came in to Canada and had less than 2 years left for the expiry of his PR card and by the time his card expires. He stayed in Canada for 2 years and renewed his card after he accumulated 2 years and this was well after the expiry of his card. Entry really depends on the border agent you encounter.

 

[scylla]

This forum has helped me a lot a few years ago (especially posts from dpenabill, as I still recall) when I was a lurker. Now I’m back with a question.


My parents got PR just over three years ago. They’ve been in and out of Canada several time since then and were planning to move for good this summer but Covid happened and - being older - they didn’t. Now they are not in a position to accumulate two years worth of time in Canada during the five years since landing. Even if they arrive in January and stay, they’ll be about 4 months short by the five-year mark.


What are their options if they still want to move as PRs? A border agent mentioned to me that at the port of entry their days will be automatically counted and they will be asked to renounce their PR and will be denied entry unless they have a regular visa. Is that the likely outcome? Are there any ways around this?



What advice can you guys offer? Are they basically out of luck and should get a grandparents visa and reapply for PR? Or is there still a way to keep the PR? I know there are compassionate grounds reasons but the border agent I talked to said she highly doubts they apply here.



Thank you - I’d greatly appreciate any help.

They should return to Canada as soon as they can and hope they are not reported at the border for failing to meet the residency requirement. If they are not reported, they should remain in Canada without leaving until they meet the 2 year residency requirement and then apply to renew their PR cards.

 

[Mike112358]

Thank you both for speedy replies. How does one go about minimizing the possibility of not being reported at entry?

Also, if they are admitted and stay for two years, their PR cards will have expired. Is that not an issue when renewal time comes?

 

[scylla]

Thank you both for speedy replies. How does one go about minimizing the possibility of not being reported at entry?

Also, if they are admitted and stay for two years, their PR cards will have expired. Is that not an issue when renewal time comes?

The sooner they return the better. That's really the only answer to your first question.

No, not an issue to apply with expired cards. As long as they meet the residency requirement, then will be good.

 

[chotemiya3]

Thank you both for speedy replies. How does one go about minimizing the possibility of not being reported at entry?

Also, if they are admitted and stay for two years, their PR cards will have expired. Is that not an issue when renewal time comes?

When i entered i had just about 2 years left and the border agent pointed it out to me and i said i wad aware and she mentioned that i could not leave for next 2 years. So i guess if they ask you can explain that the plan was to come much earlier in the year but could not travel due to Covid-19. For card expiry i think no issue if its already expired when renewing there might be some additional late charge if i can recall but that is pretty much it.

 

[Mike112358]

Great, thank you. If others have relevant experience they can share, that would be great too.

 

[scylla]

Great, thank you. If others have relevant experience they can share, that would be great too.

Relevant discussions are all in the PR Obligation section of the forum (not here). Suggest you read through historical posts there.

 

[nayr69sg]

Relevant discussions are all in the PR Obligation section of the forum (not here). Suggest you read through historical posts there.

you are the best scylla!