You can't use the 16 days from April 24 to May 11 2012 because in June 2017, those days will be outside the window of the past 5 years and don't count anymore. You can use the time you spent in 2014 so you can apply to renew something like mid August 2017.Nassa said:
30 days short of 730 days please advice it's urgent
- Thread starter Nassa
- Start date
We really want to help you but it is really important that we have all the information regarding your residency. That's why you got so many confusing answers, since it was very unclear to us when you were where.
First of all: When you return to Canada on - let's say - February 28th, 2016, the border officer will likely assess your residency situation. At that moment he doesn't care as to when you are leaving in the future and what your plans for 2017 are. All he or she wants to check is if THEORETICALLY, you could still fulfill the requirement from now on.
Also, never do any calculations in years, months or weeks. Always count days, nothing else!
So let's have a look (all dates are of the form YYYY-MM-DD)
You became a PR on 2012-04-24.
You were in Canada from 2012-04-24 to 2012-05-11. That is 17 days.
You were in Canada from 2014-01-19 to 2014-08-09. That is 202 days.
That means that you spent a total of 218 days in Canada.
Your first five years as a PR end on 2017-04-23. If you enter Canada on 2016-02-28 and do NOT leave after, at that five-year-mark, you will have been in Canada from 2016-02-28 to 2017-04-23. That is 420 days.
That means, by the five year mark, even in the best case, you only manage to be in Canada for a total of 638 days. That is below the minimum of 730 days.
The validity date on your PR card does not have any meaning regarding the residency requirement. It just means when you have to renew your card. It's the same with a passport: Just because your passport has a validity date, that doesn't mean that your citizenship would end then.
This is what would happen: You will be able to board a flight to Canada with your valid PR card. But once you are at the border in Canada, one of the two things might happen:
Option 1: You are lucky at the airport
You might be lucky that they won't ask too many questions and just let you through and you can enter Canada. In this case, you can live your everyday life in Canada and nobody will complain but it is important that you cannot leave Canada until you reach a day on which you were in Canada for 730 days out of the last five years. Based on your data, the earliest that would happen is on 2017-08-09, because then you will have been in Canada for 202 days (in 2014) and for 528 days (in 2016/2017). Note that the days in 2012 won't count anymore then since they are more than five years ago by then. Once it is August 9, 2017, you can apply for a new PR card.
All this stuff about Option 1 is what other posters meant with "wait for two years".
Option 2: You are not lucky at the airport
It is very possible that they will ask you about your residency and then realize that you cannot fulfill the residency requirement in your first five years. In that case, they will let you in but report you for a breach of your residency requirement. After that, you would have to fight for your PR status or at some point they might ask you to leave Canada. For these cases, you should get a lawyer.
Important: Never ever lie to a border officer about your residency. Don't say, for instance, that you have been in Canada in 2013 although you weren't. They can confirm that within seconds through their electronic system.
I hope this clarifies things. Keep in mind: Nobody on this forum can tell you if Option 1 or Option 2 will happen. That completely depends on the situation at the airport, who you speak to and how thorough he or she is.
First of all: When you return to Canada on - let's say - February 28th, 2016, the border officer will likely assess your residency situation. At that moment he doesn't care as to when you are leaving in the future and what your plans for 2017 are. All he or she wants to check is if THEORETICALLY, you could still fulfill the requirement from now on.
Also, never do any calculations in years, months or weeks. Always count days, nothing else!
So let's have a look (all dates are of the form YYYY-MM-DD)
You became a PR on 2012-04-24.
You were in Canada from 2012-04-24 to 2012-05-11. That is 17 days.
You were in Canada from 2014-01-19 to 2014-08-09. That is 202 days.
That means that you spent a total of 218 days in Canada.
Your first five years as a PR end on 2017-04-23. If you enter Canada on 2016-02-28 and do NOT leave after, at that five-year-mark, you will have been in Canada from 2016-02-28 to 2017-04-23. That is 420 days.
That means, by the five year mark, even in the best case, you only manage to be in Canada for a total of 638 days. That is below the minimum of 730 days.
The validity date on your PR card does not have any meaning regarding the residency requirement. It just means when you have to renew your card. It's the same with a passport: Just because your passport has a validity date, that doesn't mean that your citizenship would end then.
This is what would happen: You will be able to board a flight to Canada with your valid PR card. But once you are at the border in Canada, one of the two things might happen:
Option 1: You are lucky at the airport
You might be lucky that they won't ask too many questions and just let you through and you can enter Canada. In this case, you can live your everyday life in Canada and nobody will complain but it is important that you cannot leave Canada until you reach a day on which you were in Canada for 730 days out of the last five years. Based on your data, the earliest that would happen is on 2017-08-09, because then you will have been in Canada for 202 days (in 2014) and for 528 days (in 2016/2017). Note that the days in 2012 won't count anymore then since they are more than five years ago by then. Once it is August 9, 2017, you can apply for a new PR card.
All this stuff about Option 1 is what other posters meant with "wait for two years".
Option 2: You are not lucky at the airport
It is very possible that they will ask you about your residency and then realize that you cannot fulfill the residency requirement in your first five years. In that case, they will let you in but report you for a breach of your residency requirement. After that, you would have to fight for your PR status or at some point they might ask you to leave Canada. For these cases, you should get a lawyer.
Important: Never ever lie to a border officer about your residency. Don't say, for instance, that you have been in Canada in 2013 although you weren't. They can confirm that within seconds through their electronic system.
I hope this clarifies things. Keep in mind: Nobody on this forum can tell you if Option 1 or Option 2 will happen. That completely depends on the situation at the airport, who you speak to and how thorough he or she is.
So what do I do now.....wait to complete 730 days then apply ?????
As per your calculation how many days have I lost and have to make up for.
I plan to travel by bus from new York to London Ontario as it falls way less expensive please direct me in the right direction thank you
As per your calculation how many days have I lost and have to make up for.
I plan to travel by bus from new York to London Ontario as it falls way less expensive please direct me in the right direction thank you
I'm not sure you really understand your situation. If you've been outside Canada for more than 3 years since becoming a PR, then you currently do not meet the residency obligation. Upon returning to Canada, you may be reported for not meeting residency obligation, and you may end up having your PR card revoked. If this happens then you won't get any chance to make up days in Canada.Nassa said:
Read the post just above from spyfy very carefully, as it explains very clearly the 2 options that may happen when you attempt to enter Canada by bus, and what it means for your PR status.
My calculation above explains in detail how many days you have lost and how many you have to make up for.Nassa said:
It doesn't matter if you come by bus, by plane, by car or by boat. In all cases, Option 1 or Option 2 as outlined above could happen.
Again, Option 1 and Option 2 are exactly the two things that can happen. There is nothing else anyone can say here. These are exactly and exclusively all your options and - as outlined above - it is out of your control which of these Options happen.
There is one more Option 3: Officially give up your PR status voluntarily and complete re-apply to get PR.
I think the other forum members agree that this is all we can say. It is literally impossible for you to fulfill the residency requirement as of now. Hence, all you can do is go to the border and hope for Option 1 but maybe facing Option 2.
You should just attempt to return to Canada, and see if you're reported by CBSA or not.Nassa said:
If you aren't reported, then you are fine.
If you are reported, then you will be allowed to enter Canada and will get a chance to appeal the decision to CBSA.
Make sure you bring lots of proof of the various medical reasons (doctors notes, medical receipts, hospital stays, etc)concerning you and your family, to show why you couldn't meet the residency obligation. With this and the fact you have a daughter in Canada, CIC may accept your H&C reason and allow you to keep PR status.
kateg
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The right solution is to get back to Canada as quickly as possible, because every day you wait is one day more not in Canada.Nassa said:
You are required to be physically present 730 days out of every 5 years. That window moves - at any day, an immigration officer can look back 5 years, and see if you get 730 days. If you don't, you may be reported. If you are reported, you will probably lose your PR, unless you appeal. If you appeal, whether you win depends largely on humanitarian and compassionate grounds, such as caring for a dying relative.
Getting back sooner means that they are less likely to ask questions, and if you are reported, that you will have a better chance of success. If you come back when your PR card is valid, then there is a greater chance of success, as the officer might not notice or care about how many days you live in Canada.
When you ask about waiting days (and others reply about waiting for days), those days are only ones spent in Canada. Any other days (with few exceptions) simply don't count. Your first post made it sound like you might have returned to Canada, at which point it would make sense to simply wait and apply, as you would be fine. Because you are outside of Canada, you have to get back in order to wait for your 730 days.
You may be reported, you may not. The best chance of success seems to be crossing the border rather than dealing with a PR Travel Document. If you have a PR card, you can fly. If you don't, you can drive across the US border.
keesio
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the best solution is:Nassa said:
Come back to Canada ASAP. There is a risk that the officer will report you to CIC since you do not have enough days to maintain PR. But the risk is smaller the sooner you come back. The longer you wait, the higher the risk.