After Travel Document - What will be 5 year span of PR?

[L7]

if one got PR about seven years back in 2003 and he did not spent required 730 days in Canada and did not fulfill the residency requirements.

after seven years he got Travel Document in 2010 on humanitarian and compassionate grounds.

my question is now how his 5 years span will be fixed!
is the 5 years start from the date of awarding travel document? i.e., 2010 to 2015??

 

[L7]

if one got PR about seven years back in 2003 and he did not spent required 730 days in Canada and did not fulfill the residency requirements.

after seven years he got Travel Document in 2010 on humanitarian and compassionate grounds.

my question is now how his 5 years span will be fixed!
is the 5 years start from the date of awarding travel document? i.e., 2010 to 2015??

Leon, PMM or any other fellow please respond.

 

[Leon]

Now you have your travel document, get back to Canada and apply for your new PR card. It would be advisable for you to stay in Canada for the next 2 years after that for the most part because if you are planning on applying for a new PR card and then going back to your homeland and if you happen to lose your new PR card and need to apply for a travel document again in the next couple of years, it will not be well seen if you got your travel document for H&C reasons now and still stayed out of Canada for another 1-2 years after getting your new PR card. They would see it as you having had no intentions of living in Canada and might well deny you the 2nd time.

The 5 year period where you have to meet the residency requirements is your first 5 years as a PR and after that it is always the previous 5 years counting from the present. Since you have been exempted because of H&C reasons, you don't have to worry about that for right now but this exemption will not last forever if you choose to continue to stay outside Canada.

 

[L7]

Now you have your travel document, get back to Canada and apply for your new PR card. It would be advisable for you to stay in Canada for the next 2 years after that for the most part because if you are planning on applying for a new PR card and then going back to your homeland and if you happen to lose your new PR card and need to apply for a travel document again in the next couple of years, it will not be well seen if you got your travel document for H&C reasons now and still stayed out of Canada for another 1-2 years after getting your new PR card. They would see it as you having had no intentions of living in Canada and might well deny you the 2nd time.

The 5 year period where you have to meet the residency requirements is your first 5 years as a PR and after that it is always the previous 5 years counting from the present. Since you have been exempted because of H&C reasons, you don't have to worry about that for right now but this exemption will not last forever if you choose to continue to stay outside Canada.

I appreciate and Really grateful to you. Many thanks.

It means 5 year span will be revealed only when i'll get my PR Card as its expiry will be written over it.

Thanks again good guys.

 

[matthewc]

It means 5 year span will be revealed only when i'll get my PR Card as its expiry will be written over it.

No, that's wrong.

The five year span is the previous 5 years. So, if you arrive in Canada on your travel document, and leave any day in the next 2 years, they will assess your residency obligation again, and it's possible you could be denied entry back into Canada, even if your PR card doesn't expire for another 5 years.

Once you're in Canada, don't leave for at least 2 years if you plan to keep your PR status.

 

[Leon]

Yes, I do not think it's advisable to leave Canada much for the next 2 years. You may be able to get in on entry if you have your new PR card but if something happens to it and you are outside Canada, you would have to apply for a travel document again and it might not be seen so kindly if you had still been staying outside Canada ever since you got your PR back.

 

[L7]

many thanks Matthewc and grateful to Leon.
Indeed i have to stay for rest of the period to maintain PR. Thank you all.

 

[L7]

In this regard one more question please, i think the answer is 'NO' but just to verify i am asking.

When IO accepts the excessive stay outside Canada on Humanitarian & Compassionate grounds, Does CIC consider this period equivalent to 'Stay in Canada'?

 

[Leon]

I do not know the answer to that but I would not count on it.

 

[L7]

Ok thanks for everything.

 

[matthewc]

No. It means that - even though you have NOT met the RO - they have decided that for H&C reasons you can keep your PR status. It doesn't mean that you have more time in Canada to your credit than you actually spent here. That's why, if you leave Canada and they assess your RO again, you could be in trouble.

 

[L7]

No. It means that - even though you have NOT met the RO - they have decided that for H&C reasons you can keep your PR status. It doesn't mean that you have more time in Canada to your credit than you actually spent here. That's why, if you leave Canada and they assess your RO again, you could be in trouble.

My pleasure sir on having your comments, thanks.

 

[L7]

Hi

The Minister's Position

[7] While agreeing that the period to be considered should be the five-year period immediately from the 16th February 2004,....

[9] In the instant case, the panel considered the appeal in light of Section 28(2) as the consensus was that it was appropriate to consider the five-year period immediately after the appellant regained status as a permanent resident on the 16th February 2004.

[10] The appellant testified that after his previous appeal was allowed, he received a travel document on the 16th February 2004. However, he did not immediately return to Canada. He travelled on the 17th May 2004. He stayed for 38 days, returning to Pakistan on the 14th June 2004. The panel calculates that as of the 11th May 2007, the date when the visa post received his application for a travel document, it was 1,181 days since the appellant had been put back in status. Applying, Section 28(2) to the appellant's case, the applicable five-year period would run from the 16th February 2004 to the 16th February 2009. Therefore, as of the 11th May 2007, there was only a further 646 days that could be credited to the appellant.

It proves from the above decision that 5 year start from issuance of the Travel Document.

 

[matthewc]

In that case, they decided the 5 year period was after the TD was issued. However, it's important to note that by doing that, they (to some extent) gave the benefit of the doubt to the applicant, who still didn't have enough time to qualify. It's very possible ministers council conceded to using that analysis, because it didn't make any difference, i.e. the PR was still in breech of the RO either way.

I wouldn't risk it. If you want to remain a PR, you need to prioritise that.

It's your life though, so it's your call.

 

[L7]

Hi matthewc,

it's nice to see your sincere comments once again. thanks for the input, appreciated.

good luck.