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COUNTING OF PR VALIDITY

chella99

Star Member
Mar 22, 2007
98
2
IS THE 2 YEAR STAY IN 5 YEARS REQUIREMENT FOR RENEWAL OF PR CARD TO BE FULFILLED WITHIN 5 YEARS FROM THE DATE OF LANDING OR 5 YEARS FROM THE DATE OF ISSUE OF PR CARD ?

THANKS
 

scylla

VIP Member
Jun 8, 2010
95,905
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Date of landing.
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
chella99 said:
ANY OTHER VIEWS ON THIS ?? THANKS
It is from your landing date. If you choose to follow another 'view' you will find yourself in trouble because it would be wrong information. Your landing date is the date you will use for everything in regards to PR or Citizenship.
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
chella99 said:
ANY OTHER VIEWS ON THIS ?? THANKS
My view is that Scylla is 100% correct.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
chella99 said:
ANY OTHER VIEWS ON THIS ?? THANKS
Think of landing as signing the job offer with start date as July 1, 2014. Think of the date of your first pay on July 14, 2014 as the PR card issue date. Which date do you think is the correct reference point for all benefits - is it your start date or is it your pay date?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
The first 5 year period is counted from your date of landing but after that, it is a rolling 5 year period, always for the past 5 years.

Therefore, you must meet the RO before you reach the 5 year anniversary of your landing. After that, the days you spent in Canada right after you landed start moving outside the window of the past 5 years and will therefore have to be replaced by new days spent in Canada.
 

adssaini

Full Member
Jun 26, 2014
22
0
Hi Leon,

I landed on 7th August 2011 and immigration stamping document says, "Became PR on" : 7th August 2011. Stayed for 5 days and left canada.

PR Card Received later with Expiry of 5th October 2016.

If i enter on 22nd Sept. 2014 am I meeting PR obligation? ie. whether they will count 5 years from 7th August 2011 to 6th August 2016 ? or 5 years back from 5th October 2016 ?

I need to sponsor my Child, who born outside Canada, after entering Cana on 22nd September. Then immigration will check whether I am meeting PR Obligation or not...

Seek your expertise.

Thanks
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
adssaini said:
Hi Leon,

I landed on 7th August 2011 and immigration stamping document says, "Became PR on" : 7th August 2011. Stayed for 5 days and left canada.

PR Card Received later with Expiry of 5th October 2016.

If i enter on 22nd Sept. 2014 am I meeting PR obligation? ie. whether they will count 5 years from 7th August 2011 to 6th August 2016 ? or 5 years back from 5th October 2016 ?

I need to sponsor my Child, who born outside Canada, after entering Cana on 22nd September. Then immigration will check whether I am meeting PR Obligation or not...

Seek your expertise.

Thanks
You must meet the residency obligation already in your first 5 years as a PR and after that in any rolling 5 year period.

Since it is now more than 3 years that you have been outside Canada, you are already in breach of the RO (residency obligation) for your first 5 years and you can only set that straight if you manage to enter Canada without gettng reported and stay for a full 2 years without applying for anything.

If you try to sponsor your child while you don't meet the RO, you are opening yourself into an investigation into your PR status.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
adssaini said:
Thanks Leon.

So does it mean there is no way out to get my Child in Canada within a year...
It doesn't look like it at the moment. What were your reasons for staying outside for over 3 years? If you had humanitarian grounds, you may be excused.

If not, if you want to keep your PR, you come to Canada, hope you don't get reported, stay for a full 2 years without applying for anything and then sponsor your child.