Min 2 years clause

[rajeshwarp2002]

Hi, I had entered Canada to receive my first PR in 2019. And later couldn't return to Canada due to COVID. Can I enter in Canada now, my PR is still valid for 2 more years. In last 3 years of my Permanent residency, I have stayed only 20 days in Canada. Is my PR still valid? And in order to renew my PR, if i enter Canada just 2 years before expiry of card and then apply for renewal, does it work?

 

[armoured]

Hi, I had entered Canada to receive my first PR in 2019. And later couldn't return to Canada due to COVID. Can I enter in Canada now, my PR is still valid for 2 more years. In last 3 years of my Permanent residency, I have stayed only 20 days in Canada. Is my PR still valid? And in order to renew my PR, if i enter Canada just 2 years before expiry of card and then apply for renewal, does it work?

Your "PR status" does not expire. Your PR card does expire.

The relevant test for the residency obligation for your first five years as a PR is counted from the day of landing (the day you became a PR), NOT the validity of the PR card. (After the first five years it is looking back five years from any given day).

So we cannot tell you from above whether you are still compliant with the residency obligation.

Easiest calculation for you is count the number of days outside Canada from the day you became a PR - if that is less than 1095 days, you are still in compliance. (This is just an arithmetic restatement of "minimum 730 days in Canada in first five years" (to which you would have to add days remaining until end of that five years) as "no more than 1095 days outside Canada.")

If you have been outside Canada more than 1095 days (or will have been by day you arrive to Canada), all is not lost - you can return to Canada and when asked explain why you couldn't return earlier. (Ideally a bit more detailed than 'because Covid'). If you do this SOON, chances are decent you will be let back in without being reported or any issues. (If you are reported, you can appeal and remain in Canada while appeal proceeds`).

As for renewing your PR card: if you are in compliance, you can apply nine months before the card expires. You should NOT apply before you are in compliance (ie if you are out of compliance when you return to Canada, you will have to wait two full years to get in compliance).

Good luck.