Extension of PR after staying for 730 days,applicant is out of canada

[kknl]

Hi Leon,

I got one question on extension of PR.

AS discussed in the forum,it is presumed that for the last 5years immigration authrities will look for 730 days.

Example :

If X got PR in Year 2004 Nov and stayed till Nov 2006 and went out of canada and returns again in Sept 2008 and left canada Aug 2009 without extending PR card.

This X is now out of canada,as per the discussions if x applies for extension,will not be eligible for PR extension though X stayed for almost 3 years in canada.

Can X get Travel document to come back and apply for Canadian Extension.

Thanks in advance for your advice.

kk

 

[Leon]

Since he has to meet the residency requirements not just in the first 5 years as a PR but in each rolling 5 year period after that, they will not look at the first 5 years of his PR but the last 5. In the last 5 years, February 2006 to February 2011, he is in Canada Feb-Nov 2006 which is 8 to 10 months depending on the actual travel dates. Then he is in Canada again for 10 to 12 months in 2008 and 2009. Since he has maybe 20 months in Canada now but needs 24, he will be refused a travel document because he does not meet the residency requirements. If he had good reasons for not being in Canada such as taking care of a close relative on their dying bed or something like that, he can appeal on Humane and Compassionate grounds. If he had applied for a travel document a few months ago when he still met the residency requirements, he would have gotten it. If he wants to try it, he should apply asap. Better to apply now when he is only 4 months short than to wait 2 months and be 6 months short.

 

[kknl]

Hi Leon,

He stayed in canada for 32 months starting from Nov 2004 to August 2009.In between he went out of canada and came.He completed 5 years PR in Nov 2009 but he is not in canada now.

its more than one year he is out of canada due to his personal family issues.Can he apply for PR extension now.if you see 5 years roll back then how they calculate,technically he stayed in canada for 32 months and just 4 months short of 3 years.

This is looks tricky and he is almost 74 years old,will they consider for renew.

Thanks

kk

 

[scylla]

kknl -

The five years is rolling.

As Leon has explained, this means they will ONLY look at the last five years (February 2006-February 2011) to see if he has met the residency requirement. In other words, to meet residency requirements, he must have lived in Canada for a minimum of two years from Feb 2006 until now. The period from November 2004 to January 2006 won't be counted.

 

[Leon]

Right, the 5 years is rolling. How long he stayed in 2004 and 2005 is completely irrelevant. That is water under the bridge and will not be considered for his PR. He should apply for a travel document now and list his personal reasons for why he hasn't met the requirements. If they consider them valid Humane and Compassionate grounds, they may give him a travel document.

If he gets it, he should go to Canada before they change their minds and stay in Canada at least until he meets the residency requirements again and make sure he meets them in the future as well. Immigration has very little patience with people who apply to appeal but still don't move to Canada and end up not meeting the residency requirements again.

 

[saannto]

Leon,
Interesting.

I landed on Nov 01 2007, but then left after 10 days. I then landed back for good on Aug 21 2010. Now i need to stay here for 730 days to renew my PR. My PR card expires Feb 2013.

Now just ignore the 10 days i stayed already prior to Aug 21 2010. Assume this 730 days starts from Aug 21 2010.

Do i need to stay 730 days before my 5 th year anniversary (Nov 01 2012) or 730 days before my PR expiry date (feb 28 2013)??

I am confused. please clarify...

 

[Leon]

You need to stay 730 days between Nov 1st 2007 and Nov 1st 2012 and for each rolling 5 year period after that.

 

[saannto]

Leon,

1. Say if i do not meet 730 days on Nov 01 2012 (still 60 days short), but i am still inside canada, and applied my PR renewal on Jan 01 2013 (after i make up that 60 days..also my PR card is still valid at this point feb 28 2013), CIC will lonly ook the previous 5 years, am i right?
so Jan 01 2008 to Jan 01 2013 ...correct me if I am wrong....


2. so in this case, If a PR comes back jsut before an expiry date, and if the immigration officer let him in (if lucky), he can stay 2 years from that day without leaving and apply for renewal? how it will be possible???

 

[Leon]

1. Yes, don't apply to renew until you have 730 days in the last 5 years. They will only look at the last 5 years.

2. Yes, if they get in, they can do that.

 

[kknl]

Hi Leo,

As I told you I didn't maintain my status staying for 2 years in canada.You advice me whether I apply for travel docmument or reapply under PNP.

Now One of the top IT company offering me a job and I am not sure whether Immigration authorities will consider my application for renewal or allow to come back to canada.I want to move once I get my offer letter from canadian company.

what are the best ways to protect my PR now,my 5 years ended in FEB 2011 or should go for PNP novo scotia or montoba etc.

can you please give your advice

thanks
kknl