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Can I stay outside Canada under this situation?

murakami

Member
Mar 17, 2017
14
0
Buletruck said:
Sorry, my mistake. Year/Month/Day, not Year /Day/Month. You would only have 3 months in Canada, not 5 days from 2005 till re-entry.

Based on your example, the returning PR could be reported when returning and also if he re-applies when he arrives. the renewal requires you to account for the previous 5 years, which is why it is recommended that anyone who isn't in compliance and is allowed entry unreported does not contact IRCC until they do meet the requirements.
Buletruck, it's quite clear now. my bad not state the date format.
Thank you for your reply.
 

rrajendra

Star Member
Mar 10, 2017
146
31
murakami said:
rrajendra, thank your reply. Regarding the scenario you mentioned, the 6), it seems the answer is "YES, Mr. X can enter Canada", but may not a "permanent resident" status. That's why I am asking the question.
So that means, Mr. X will not able to stay in Canada till say 2010-1-1 as Mr.X may lost the PR status because he didn't meet the rolling 2/5 RO from the date he wants to re-enter Canada: 2007-12-31

Please correct me if I am wrong.
As non-lawyer, I think Mr.X can stay Canada till 2010-1-1, meet 2/5 RO criterion and extend PR status and get a new card that is valid till PR valid till say 2015!

These are questions you need to ask yourself or the forum members(If you feel comfortable sharing the real information):
1)Do you have a valid PR card as of the day you plan to enter Canada?
2)If yes, Is it possible for you to meet 2/5 RO on the day of the expiration of your PR card?
 

rrajendra

Star Member
Mar 10, 2017
146
31
murakami said:
rrajendra, thank your reply. Regarding the scenario you mentioned, the 6), it seems the answer is "YES, Mr. X can enter Canada", but may not a "permanent resident" status. That's why I am asking the question.
So that means, Mr. X will not able to stay in Canada till say 2010-1-1 as Mr.X may lost the PR status because he didn't meet the rolling 2/5 RO from the date he wants to re-enter Canada: 2007-12-31

Please correct me if I am wrong.
Now let us try Mr.Y

1)Mr.Y lands in Canada on 2000-1-1
2)Mr.Y was issued a PR card issued on 2001-1-1 which valid till 2006-1-1
3)Mr.Y leaves Canada 2001-1-1 with with 366 days of residence to his credit
4)Mr.Y returns to Canada on 2002-1-1. Mr.Y does not have 730 days of R, but not problem at immigration, because Mr.Y has till 2006-1-1 get his credit of 730 days
5)Mr.Y leaves Canada 2002-1-2 with with 367 days of residence to his credit
6)Mr.Y returns to Canada on 2003-1-1. Mr.Y does not have 730 days of R, but not problem at immigration, because Mr.Y has till 2006-1-1 get his credit of 730 days
6)Mr.Y leaves Canada 2003-1-2 with with 368 days of residence to his credit
7)Mr.Y returns to Canada on 2004-1-1. Mr.Y does not have 730 days of R, but not problem at immigration, because Mr.Y has till 2006-1-1 get his credit of 730 days
8)Mr.Y leaves Canada 2004-1-2 with with 369 days of residence to his credit
7)Mr.Y returns to Canada on 2005-3-1. Mr.Y does not have 730 days of R, and there is a problem is at immigration! Immigration office tells Mr.Y the following: "Sir, you have a valid PR card, therefore I cannot stop you from entering Canada! However, I feel you will ot meet 730 days of RO on 2006-1-1, and I will inform CIC to investigate whether you meet the RO of 730 days to maintain your PR status!"
 

murakami

Member
Mar 17, 2017
14
0
rrajendra said:
As non-lawyer, I think Mr.X can stay Canada till 2010-1-1, meet 2/5 RO criterion and extend PR status and get a new card that is valid till PR valid till say 2015!

These are questions you need to ask yourself or the forum members(If you feel comfortable sharing the real information):
1)Do you have a valid PR card as of the day you plan to enter Canada?
2)If yes, Is it possible for you to meet 2/5 RO on the day of the expiration of your PR card?
The both question should be yes on my original idea.
But it seems the 2nd question only valid for the first 5 years of PR. Which means CBSA will consider whether the person could meet 730 days RO in the coming years until expiration of PR card in the first 5 years of PR.
Once the PR card renewed, if the Person left Canada and returns, CBSA will only verify his days in Canada piror to the date he return to Canada.

Take my post as example:
2002-01-01, landed
2004-01-02, exit Canada back to home country (731 days)
2006-12-31, re-enter Canada (I can enter Canada after 3 years out of Canada, is it?)
2007-01-01, apply for new PR Card and stay in Canada
2007-03-01 for example, PR Card arrives
2007-03-02, leave Canada and back to home country
2010-03-01, Can I enter Canada again as Permanent Resident?

Then on 2010-03-01, if I return to Canada, CBSA will verify from 2006-03-01 to 2010-03-01, whether I stayed 730 days in Canada.
But will not consider whether I can stay in Canada for 730 days in the future years until my renewed PR Card Expiration, let's say the expiration date is 2011-03-01 if the PR card renewed on 2007-03-01.
 

murakami

Member
Mar 17, 2017
14
0
rrajendra said:
Now let us try Mr.Y

1)Mr.Y lands in Canada on 2000-1-1
2)Mr.Y was issued a PR card issued on 2001-1-1 which valid till 2006-1-1
3)Mr.Y leaves Canada 2001-1-1 with with 366 days of residence to his credit
4)Mr.Y returns to Canada on 2002-1-1. Mr.Y does not have 730 days of R, but not problem at immigration, because Mr.Y has till 2006-1-1 get his credit of 730 days
5)Mr.Y leaves Canada 2002-1-2 with with 367 days of residence to his credit
6)Mr.Y returns to Canada on 2003-1-1. Mr.Y does not have 730 days of R, but not problem at immigration, because Mr.Y has till 2006-1-1 get his credit of 730 days
6)Mr.Y leaves Canada 2003-1-2 with with 368 days of residence to his credit
7)Mr.Y returns to Canada on 2004-1-1. Mr.Y does not have 730 days of R, but not problem at immigration, because Mr.Y has till 2006-1-1 get his credit of 730 days
8)Mr.Y leaves Canada 2004-1-2 with with 369 days of residence to his credit
7)Mr.Y returns to Canada on 2005-3-1. Mr.Y does not have 730 days of R, and there is a problem is at immigration! Immigration office tells Mr.Y the following: "Sir, you have a valid PR card, therefore I cannot stop you from entering Canada! However, I feel you will ot meet 730 days of RO on 2006-1-1, and I will inform CIC to investigate whether you meet the RO of 730 days to maintain your PR status!"
I agree with this scenario
 

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rrajendra said:
7)Mr.Y returns to Canada on 2005-3-1. Mr.Y does not have 730 days of R, and there is a problem is at immigration! Immigration office tells Mr.Y the following: "Sir, you have a valid PR card, therefore I cannot stop you from entering Canada! However, I feel you will ot meet 730 days of RO on 2006-1-1, and I will inform CIC to investigate whether you meet the RO of 730 days to maintain your PR status!"
Note that even if you have an expired PR card the above can hold true. (Normally) they will let you in but they can report you for further investigation.