AUH Process
Star Member
- Feb 11, 2010
- 2
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- LANDED..........
- April 2007
Dear Max,max_lee said:If your husband enters Canada even after the 3 yr has elapsed he will not lose his residency provided he goes for renewal after staying in canada for 730 days. Understand he might have his PR card expired but still the rule is one has to have been in canada for a total of 2 yrs in the last 5 yr period, so he can still renew even if his card has expired provided he shows 730 days of continuos stay in the last 5 yrs.
Thanks for your messages, however, there is still a confusion regarding the date of examination:
As per the above example, your friend's PR card must have expired in September 2009, and he did not have a legal travel document from Sept 09 till Nov 09---What if he had to leave the country for an emergency?max_lee said:I know my friend renewed his PR in November 2009, but moved to Canada in November 2007 and his initial 5 yr period was expiring in Sept. 2009.
See the below quotes from the link you have posted and questions it raises:
"it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to
meet the residency obligation in respect of the five-year period immediately after they became
a permanent resident;"
Question : This means that if someone lands in year 4 of the first 5 year period, he will not be able to demonstrate that he will be able to meet the residency obligation, which is in contraciction to the below:
"For the purposes of determining the date of the examination of residency status, a visa officer
shall use the date that an application is officially received in the visa office"
Question : When is the date of examination of residency status?...5 years from the first date of landing for the resident? or 5 years from the date of issuing the PR card (PR expiry date)? or whenever the resident feels he wants to travel out of Canada and applies for a PR card, even if it is after 1 year of expiry of his first PR card??....In other words, when is an application required to be officially received in the visa office??...and which visa office?
It is unclear exactly what application they are referring to?, and when the application should be submitted?, and to whom/which office?max_lee said:An officer is not permitted to consider
just any five-year period in the applicant's past, but must always assess the most recent five-year period preceding the receipt of the application.
Quote from the link:
"Even if a person resides away from Canada for up to three years following the date of first arrival
in Canada, that person will retain permanent resident status as long as they still have the
possibility of complying with the 730-days-in-Canada rule"
Question: Does this mean that even if his entry is theoretically on the last day of the 5 year period, the resident will be granted admissability into Canada, and the next day will be able to apply for another PR card with a 5 year validity?
Another Quote:
"An officer is not permitted to exclude the possibility that an applicant who has resided abroad for
three years may still be able to comply with the residency obligation during the remaining two
years of the five-year period"
Does this mean no admissability into CA if 3 years of no entry while being a PR?
Thanks,