clarification about PR renewal and expiry.

[jabs]

hello everyone,
can you please clarify for me the cases below knowing that :i landed on 10 august 2011, left after 20 days, My PR expiry date is oct 2016.

1. when i want to calculate the nb of days to meet the residency obligations, the 20 days i stayed after the landing will be consided 10 because it was before i got the PR on october. correct ?

2. i am still outside canada and want to come back on march 2015 to settle permanantly (from march 2015 to the expiry of the PR oct 2016 there is only 610 days , so i will be short of 120 days - 4 months). will i be reported at the entry ? is coming from US by car is a good solution to avoid being reported?

3. let s suppose i could enter canada normally on marsh 2015,and stayed for 730 days. but since i entered late, the period of 730 days will exceed the expiry date. is it ok to stay in canada with an expired PR for a period of 5 to 6 months ? just until i complete the required days.

4. can i travel outside canada and come back with an expired PR?

thanks alot!

 

[Leon]

Nobody can say for sure if you will be reported on entry. If you want to keep your PR safe, you will return no later than august 2014 when you still have time to meet the residency requirements.

If you were going to travel today, I would say that it is not very likely to get reported, especially if you enter at the land border and that you will not have a problem staying in Canada for 6 months with an expired PR card but keep in mind that work practices and rules may change and it could look different in 2015. Therefore you should be back in this forum in the summer of 2014 and spy if more people are getting reported then or if there are any rule changes.

 

[jabs]

Nobody can say for sure if you will be reported on entry. If you want to keep your PR safe, you will return no later than august 2014 when you still have time to meet the residency requirements.

Thank you Leon for your reply.
you mentioned above that i should return no later than august 2014. but from august 2014 till oct 2016 ( expiry of PR) there is 790 days which is 2 months more than the residency requirements ( 2 years, 730 days). Am i calculating wrong ?

should i start counting the 5 years from my landing date. which is august 2011 + 5 years = AUG 2016 , so max i should be there by aug 2014
or i should count as i did from the PR date oct 2011+5 years= oct 2016 , so my maximum is october 2014?

sorry for bothering :S
thanks in advance

 

[Leon]

You should count from your landing date because the clock started ticking when you landed. For example, if you would lose your PR card shortly before wanting to go to Canada and be in the situation that you have to apply for a travel document in order to return, they will ask you if you have 730 days in Canada since you landed or are still able to have 730 days in Canada in your first 5 years as a PR. The expiry date on the PR card is irrelevant. You must meet the residency requirements for the first 5 years since you landed and for any rolling 5 year period after that.

 

[csrajesh.1980]

I have got my PR & landed canada for completing landing procedures on 02/June/2010 and stayed there until 28/June/2010. I collected my PR card through courier and its expiry date is 15/July/2015. Kindly advice me the possibilities of renewing my PR and what are the procedures to enter Canada again?

Thanking you in advance.

 

[computergeek]

I have got my PR & landed canada for completing landing procedures on 02/June/2010 and stayed there until 28/June/2010. I collected my PR card through courier and its expiry date is 15/July/2015. Kindly advice me the possibilities of renewing my PR and what are the procedures to enter Canada again?

You make the mistake of thinking that the PR card is somehow related to your status as a permanent resident - it is not. It's a card that allows common carriers (airlines, trains, buses, ships, etc.) to provide you carriage to Canada.

When you get to a Port of Entry - land, air, or sea - you must then face examination by a border officer. That border officer will look at your information and decide if you need to be referred to secondary inspection. Typically, with a PR card good for more than a year, the officer is unlikely to look more deeply - but he can.

From what you said you have 26 days of residency since June 2, 2010. That means you need 704 more days prior to 2 June 2015 in order to be in compliance with your residency obligation. If you were to enter Canada after June 28, 2013, you would no longer be able to meet the residency obligation and are thus subject to an A44 report - this can be done at the border or if someone from CIC notices you are not in compliance. It is unlikely you would have an issue for some period of time after that, but that risk begins to rise substantially in 2014 as your inability to meed the residency obligation becomes more and more obvious.

Let's suppose you wait until 14 July 2015. It is possible that the border officer will not refer you (they are busy, they often don't look that deeply into your file and you have an unexpired PR card.) She or he might mention to you that you need to renew your card even. Or she or he might look deeper and notice you haven't been in Canada in the past five years - and you get a trip to secondary, where they write an A44 report or even serve you with a removal order. At that point, your time in Canada no longer counts towards your permanent residency obligation.

But if you are allowed into Canada (and I've read some cases where it's happened) then the only thing you can safely do is stay in Canada. If you apply for a PR card renewal and do not meet the residency obligation you will run into problems and they will lead to you being served with a removal order and that leads to your loss of status as a permanent resident.

My advice: move back to Canada before June 2013. Then you won't have any problems.

 

[csrajesh.1980]

Thank you so much for your instantaneous detailed reply. Also, I would like to know whether coming back to Canada at Edmonton would be a concern as I have taken Ontario FSW scheme and landed in Toronto in June 2010.

 

[computergeek]

Thank you so much for your instantaneous detailed reply. Also, I would like to know whether coming back to Canada at Edmonton would be a concern as I have taken Ontario FSW scheme and landed in Toronto in June 2010.

As a permanent resident you have the Charter right to live and work anywhere within Canada.

 

[ymood]

Dear Computergeek,

I have a similar situation. I landed in 5th of July 2010 and left Canada in 25 August 2010 without receiving the PRC. I haven't got and PRC till now.
I applied for a PRTD and got it on 6/7/2013 valid through 4/1/2014 ( 6 months ).

As I understand the R obligation, I must present in Canada before 25/08/2013. The problem is that I can't leave before October 2013.

Does the officer decision to give me a PRTD valid till 4/1/2014 enough for me to re- enter Canada in October 2013 and apply for a PRC without any problems? Your valuable opinion Plz.

Thanks

 

[Leon]

You can use your travel document to enter until the expiry date but be aware that if you arrive in Canada in October, you would be unable to meet the residency obligation so if you were to apply for a PR card renewal at that point, you would have a problem.

Your TD was issued based on meeting the RO when you applied for it. You will not get a new PR card if you don't meet the RO when you apply for it.

 

[computergeek]

Dear Computergeek,

I have a similar situation. I landed in 5th of July 2010 and left Canada in 25 August 2010 without receiving the PRC. I haven't got and PRC till now.
I applied for a PRTD and got it on 6/7/2013 valid through 4/1/2014 ( 6 months ).

As I understand the R obligation, I must present in Canada before 25/08/2013. The problem is that I can't leave before October 2013.

Does the officer decision to give me a PRTD valid till 4/1/2014 enough for me to re- enter Canada in October 2013 and apply for a PRC without any problems? Your valuable opinion Plz.

Thanks

As Leon points out, you will not qualify for a PR card in October 2013. However, the PRTD is likely sufficient to get you through the border though technically a border officer could notice you are not in compliance and submit an A44 report (which can lead to a removal order). Assuming you get into Canada in October 2013 without problem, you really need to wait until you are in compliance with the PR residency obligation to apply for a new PR card. If you do so prematurely, you are very likely going to be investigated and lose your PR.

Thus my advice: come in October 2013 and be prepared to remain in Canada for at least 730 days. Remember, once you are back in compliance you are fine - CIC can only consider the last five years. Then in October 2015 you will be in compliance and can apply for a new PR card.