How to renew a PR card not meeting the residency obligations?

[EMG]

Hi Everyone,

The question about the residency obligations has been discussed many times. But I still need some clarification on my situation. I got my Permanent Resident card for myself and my son in February 2008. Since then I live in Canada but my son had to go back to France to continue his studies at University there. However, he returns to Canada every vacations ( winter and summer) twice a year. Also in 2010 he opened a canadian bank account and got a driving license and a cell phone with Rogers. This year he finishes his studies and will come to work and live in Canada. His PR card expires in March 2013 and by that time he won't be able to meet the residency obligations (730 days within 5 years). He would spend in Canada only about 500 days.

My question is should he apply for a renewal before expiry date and explain to the immigration authorities his situation and maybe his card will be renewed? Or it's better to stay in Canada for more 230 remaining days after the expiry date (March 2013) to meet the residency requirements and to apply for renewal when he got overall 730 days staying in the country?

Thank you very much in advance for your answer.

 

[AllisonVSC]

Hi Everyone,

The question about the residency obligations has been discussed many times. But I still need some clarification on my situation. I got my Permanent Resident card for myself and my son in February 2008. Since then I live in Canada but my son had to go back to France to continue his studies at University there. However, he returns to Canada every vacations ( winter and summer) twice a year. Also in 2010 he opened a canadian bank account and got a driving license and a cell phone with Rogers. This year he finishes his studies and will come to work and live in Canada. His PR card expires in March 2013 and by that time he won't be able to meet the residency obligations (730 days within 5 years). He would spend in Canada only about 500 days.

My question is should he apply for a renewal before expiry date and explain to the immigration authorities his situation and maybe his card will be renewed? Or it's better to stay in Canada for more 230 remaining days after the expiry date (March 2013) to meet the residency requirements and to apply for renewal when he got overall 730 days staying in the country?

Thank you very much in advance for your answer.

It's better to stay in Canada for more 230 remaining days after the expiry date. Don't apply before he qualifies as he would run the risk of being denied PR status for not meeting his obligation. I don't think they would be lenient just because he was studying.

 

[Leon]

I agree with Allison. He chose to study outside Canada. Nobody forced him to so they will not consider that has a H&C reason for staying outside. He should wait until he he meets the requirements.

On the day he applies, he should be able to fill out his application and say that he has not been outside Canada for 1095 or more days in the previous 5 year period. Only the previous 5 years before his renewal count. If he is already a PR for longer by then, time in or outside Canada more than 5 years ago is irrelevant.