Can I enter Canada on valid PR card??

[Muhammadafzalkhan]

Hello,
My first PR card was issued in 2004 and expired in 2009. After that my second PR card was issued on 9th Januray 2010 and will expire on 09th January 2015.
I had my last visit on my second PR card on 9th july 2010 and left Canada after the stay of seventeen days. I had to come back due to my mother's death.
Now I am planning to go back to Canada on 1st July 2013. I am afraid that now i have one year and 6months remaining on this PR card.
My question is that, will they allow me to enter Canada without any objection?

Note:1. I want to mention that on my second PR card I statyed in Canada only for seventeen days.
2. I will be goinng back just a week before I could complete my 3 years outside of Canada.

I will be highly thankful if anyone can reply to my questions as soon as possible.

Thank You,
Affy

 

[asbereth]

Hi Muhammadafzalkhan,

To maintain permanent residency, if you have been a PR for more than 5 years (which is the case with you), you have to make sure that you will be able to look back 5 years from any day, and still have more than 730 day of physical presence in Canada. Since you're planning to enter Canada on July 2013, you should have AT THE VERY LEAST 730 days between July 1 2008 (yes, July 1 2008, there is no typo here; any day you spent in Canada before this date won't count) and July 1 2013. If you do, then you won't have any problem entering Canada, especially with a valid PR card.

 

[Muhammadafzalkhan]

Thank you for your quick response dear Asbereth.
You are absolutely right but my issue is different. I'm explaining you the matter again so try to understand it carefully as it is bit complicated.During my First PR Card, I stayed in Canada in different intervals (1095 Days). I applied citizenship but due to frequently visit to back home country the ruling honorable judge asked me to answer residency questionnaire but I couldn't provide its answers(documents).And I went back to my native country. From 1st July 2008 till now, my total days stay is of 270days. While residency requirement is 730 days in any rolling 5 years period.

Anyways, Now I'm mentioning details about my 2nd PR Card. I acquired it in January 2010 and its going to be expired in 2015. My last visit on this PR was July 2010 and I only stayed for 17 days. Now I'm planning to leave for Canada on 1st July 2013. This is how I'll be back to Canada before completion of 3 years period outside the Canada. Now I have 18 months instead of 24months to fulfill my residency requirement so this is how I have shortage of 6months(180 days). So now Answer my question that will they allow me to enter Canada? and please explain what kind of action can they take against me on this regard? I'm just worried as I'm an old man and cant endure stress. I will be waiting for you reply. Thank you

 

[torontosm]

Thank you for your quick response dear Asbereth.
You are absolutely right but my issue is different. I'm explaining you the matter again so try to understand it carefully as it is bit complicated.During my First PR Card, I stayed in Canada in different intervals (1095 Days). I applied citizenship but due to frequently visit to back home country the ruling honorable judge asked me to answer residency questionnaire but I couldn't provide its answers(documents).And I went back to my native country. From 1st July 2008 till now, my total days stay is of 270days. While residency requirement is 730 days in any rolling 5 years period.

Anyways, Now I'm mentioning details about my 2nd PR Card. I acquired it in January 2010 and its going to be expired in 2015. My last visit on this PR was July 2010 and I only stayed for 17 days. Now I'm planning to leave for Canada on 1st July 2013. This is how I'll be back to Canada before completion of 3 years period outside the Canada. Now I have 18 months instead of 24months to fulfill my residency requirement so this is how I have shortage of 6months(180 days). So now Answer my question that will they allow me to enter Canada? and please explain what kind of action can they take against me on this regard? I'm just worried as I'm an old man and cant endure stress. I will be waiting for you reply. Thank you

If you have a valid PR card, you will be allowed to enter Canada. you may be reported for not meeting the residency requirements, but you will have a chance to appeal that if you feel you have a case to do so.

 

[asbereth]

Anyways, Now I'm mentioning details about my 2nd PR Card. I acquired it in January 2010 and its going to be expired in 2015. My last visit on this PR was July 2010 and I only stayed for 17 days. Now I'm planning to leave for Canada on 1st July 2013. This is how I'll be back to Canada before completion of 3 years period outside the Canada. Now I have 18 months instead of 24months to fulfill my residency requirement so this is how I have shortage of 6months(180 days). So now Answer my question that will they allow me to enter Canada? and please explain what kind of action can they take against me on this regard? I'm just worried as I'm an old man and cant endure stress. I will be waiting for you reply. Thank you

Hi Muhammadafzalkhan, the requirement is never based on how many days or months are left of your PR card. After the first five year period is over, it is now every rolling five year period. At any point of time, regardless of however many months are left of your second PR card, you need to be able to count at least 730 days within the last five years.

Your problem is NOT that you only have 18 months left of your PR card, but rather, you have only stayed for 270 days within the 5 years preceding the date you are planning to re-enter Canada (period of July 1 2008 to July 1 2013). Even if you had more than two years left on your second PR card (say, if you had tried to re-enter Canada on November 2012), it wouldn't have mattered since you would still be way short of the required 730 days out of 5 years.

However, since you still have a valid PR card, as torontosm said, they would still let you in, but they may or may not report you to immigration. If they just let you in without reporting you, you should consider yourself super lucky, and stay without leaving for more than 730 days to bring your PR up to good standing again (don't leave at all).

If you get reported, then they will start the process to revoke your PR, and you have 30 days to appeal.

 

[Muhammadafzalkhan]

Thank you Torontosm and Asbereth for your response. I really appreciate your help. Can you please tell me that what is the probability of reporting to immigration office from airport? and secondly after process of revoke, what is the percentage of acceptance of appeal? As I'm leaving for Canada on 1st July 2013, and my last visit in Canada was July 2010. now I'm going to Canada before completion of 3 years. So, is this point benefical for me in any aspect?

And my other question is regarding appeal for residency incase of revoke of PR. Well due to unemployement, my credit reached upto 20,000$, I got panicked because of agencies calls and agents threats. I came back to my native country to arrange the money. Now I have arranged money to pay back my debt. it's a true fact so I just wanna know is it an appropriate reason to state for appeal?

Thank you so much. Will be waiting for your response.

 

[Muhammadafzalkhan]

If any other user on this forum have any idea regarding my recent post, please reply as I'm looking forward for your help. I need the following info:

1. Is it a routine practice of Airport officials to check the residency requirement of every individual entering canada? and do they always report for the person who has some days short in his/her residency requirement?

2. If a person remains out of Canada for less than 3 years, is it an endorsing factor for the person at the time of entrance in Canada?

3. As I will be coming back to Canada 1 month before the completion of my 3 years absence and my PR is going to be expired in 1.5 years. Will I have to face any problem entering Canada? Please give me a sincere suggestion that I should go to Canada or not?

I'll be very thankful for your help.

 

[steaky]

If you are worrying about entering Canada via the airports, perhaps you can consider entering by land via the USA.

 

[asbereth]

Hi Muhammadafzalkhan,

I believe that all of your concerns have probably been addressed. Nobody can tell you the probability of getting reported, but based on what I've read of Leon's posts, with a valid PR card, you have a good chance to slip in without getting reported, after which you can just stay without leaving at all for 730 days. I would say your chance to get in without being reported is good, but there have been cases where PR's got reported, even though they have valid PR cards, so no guarantee.

Again, the fact that you were out of Canada for less than 3 years does not matter. If it is okay, then a person can just leave for three years, come back to Canada to renew a PR card, stay in Canada for four months to wait for new PR card, then leave for another 3 years. This is not going to work. What matters is only the number of days within the past five years. You have been in a breach of residency obligation of a PR, and if they find out, they will revoke it. So about the only thing you can do right now is come back as soon as possible, then hope you won't get reported at port of entry. If they ask you whether you have satisfied the residency requirements, then you will have to tell them the truth.

If they let you in without reporting you, do not even think of renewing your PR card, or dealing with immigration (such as sponsoring a family member, applying for citizenship, etc) at all before you have 730 days. It is okay if your PR card is no longer valid, as its purpose is only as a sufficient proof that you are a PR, and there are other ways to prove that you are a PR (such as COPR). PR card is a right, not a responsibility. If you have to re-apply for driver's license and health card, though, make sure you do it before your card is expired.

 

[Muhammadafzalkhan]

Thank you so much absereth for such a detailed and easy to understand reply. Can you please tell me whether they take a hold of your PR card if you are reported at the entry port?

 

[adssaini]

Hello Mr. Khan,

can you pls. update your experience ?