Further questions into my PR Renewal case

[bg2392]

Hello,

I would like to inquire about the PR Renewal and the PRTD process. My PR card expires in September 2024 but I will only meet the Residency Obligation (730 days) by February 2025. I will be applying for my PR Renewal first week of March (a week's buffer). I have my brother's wedding coming up in March 2025 that I will need to attend in India.

The idea is to travel to India for 2 weeks in March 2025 and apply for PRTD so that I can come back to Canada. For context, I have a Full-Time job for which I am required to be back in Calgary starting April 2025.

Given my PR renewal will be filed 6 months after it's expiry, I would like to understand if applying for PRTD would be a risky move that might trigger further investigation into my case; therefore further delaying my PRTD process. How likely is that? Or is it recommended I only leave Canada once I've received my renewed PR card?

Thank you!

 

[steaky]

Hello,

I would like to inquire about the PR Renewal and the PRTD process. My PR card expires in September 2024 but I will only meet the Residency Obligation (730 days) by February 2025. I will be applying for my PR Renewal first week of March (a week's buffer). I have my brother's wedding coming up in March 2025 that I will need to attend in India.

The idea is to travel to India for 2 weeks in March 2025 and apply for PRTD so that I can come back to Canada. For context, I have a Full-Time job for which I am required to be back in Calgary starting April 2025.

Given my PR renewal will be filed 6 months after it's expiry, I would like to understand if applying for PRTD would be a risky move that might trigger further investigation into my case; therefore further delaying my PRTD process. How likely is that? Or is it recommended I only leave Canada once I've received my renewed PR card?

Thank you!

It might not be enough time for you to get the new PR card nor PRTD. Do you have a US visa so you can return at the land border (using your expired PR card) just in case you don't have your valid PR card / PRTD?

 

[bg2392]

It might not be enough time for you to get the new PR card nor PRTD. Do you have a US visa so you can return at the land border (using your expired PR card) just in case you don't have your valid PR card / PRTD?

Yes, I do have a US Tourist Visa and I can return by car.
What documents do I need to carry along?

 

[armoured]

Yes, I do have a US Tourist Visa and I can return by car.
What documents do I need to carry along?

Passport, expired PR card.

 

[canuck78]

If you leave for 2 weeks are you going to be out of compliance again?

 

[bg2392]

If you leave for 2 weeks are you going to be out of compliance again?

I believe so. But isn't the requirement to complete 730 days at the time of the application?

Or are the days after the application is submitted, taken into consideration as well?

 

[armoured]

I believe so. But isn't the requirement to complete 730 days at the time of the application?

Or are the days after the application is submitted, taken into consideration as well?

Residency obligation is an ongoing thing and can be looked at on any date, if they are examining.

Will they look at it as of the date of the PR card renewal and stop inquiring further (for purposes of the PR card renewal)? Possibly. Hard to say. If you were to remain in Canada afterwards, wouldn't be an issue, and even if they had some doubts, they might just take longer to process and/or ask you to pick up your card at an office in Canada. (Which would mean you'd be stuck if you were abroad and had no way to get to a border other than applying for PRTD, which...).

PRTD: they will DEFINITELY look at it as of the date of PRTD application, and far more likely to consider as of any date they happen to look at it (for PRTD apps, the presumption is that you are not in compliance, basically). PRTD apps for those out of compliance can take a LOT longer.

When you come back to border (eg by travelling through USA) they may or may not look into it, they may or may not take you applying for PR card renewal at face value. But with only two weeks out of compliance, your chances are far better at border than with PRTD application - indeed if otherwise well settled in Canada, your chances might be rather low of having problems; not zero, but low. And of course, if you had some issue at the border, they'll still let you in and you can work etc (possibly having to deal with an appeal - but with only two weeks out your chances at appeal would be decent).

But yes, out of compliance is out of compliance at any date of examination, and they can delay or inquire further esp if still out of Canada. Not zero risk.

That said, if you do return via land border with only two weeks out of compliance or so, probalby not so much of an issue. If you get stuck abroad or 'things happen' that delay your return, it gets more uncertain. (Tales of such cases here abound)

 

[canuck78]

I believe so. But isn't the requirement to complete 730 days at the time of the application?

Or are the days after the application is submitted, taken into consideration as well?

As already stated after the first 5 years RO is a rolling count so on any day you must have been in Canada for 730 days on the past 5 years to be compliant