Minimum how many days need to be renew PR Card
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No, he has already NOT met the residency requirements to maintain PR status. If he tries to enter now, CBSA will issue a Section 44 report and refer him to the IRB for an admissibility hearing which he will likely lose.Alabaman said:
On the extremely thin chance that CBSA does not check him out when he enters Canada, he would have to stay in Canada for at least the next 2 years (not leaving for even one day) to meet the residency requirements. There is no more 5 year window for him.
I do not know how likely it is that people are checked out by CBSA when they arrive or not but I hear all the time about people who have gotten into Canada without meeting the residency requirements. If he cares much about keeping his PR, he should come to Canada ready to stay for 2 years without a break. If he gets in, he can do that, arrange his drivers license, health card registration etc. before his PR card expires, then let it expire and stay in Canada for the 2 years until he meets the residency requirements again. Then he can apply to renew his PR card again based on staying in Canada for 2 years in the previous 5.
If he does get checked by CBSA when he arrives, they can start the process to revoke his PR and he may appeal that if he wants to but without good reasons for not meeting the residency requirements, he wouldn't have much chance of winning the appeal and will lose his PR.
If he does get checked by CBSA when he arrives, they can start the process to revoke his PR and he may appeal that if he wants to but without good reasons for not meeting the residency requirements, he wouldn't have much chance of winning the appeal and will lose his PR.
Because it's CBSA's job to check for residency obligations. As Leon mentioned, they don't do it ALL the time. There are people who slip through but I hear about the other side, those who don't slip through and are referred for admissibility hearings. Leon's right. They don't often win. And I tend to err on the side of caution. The 80/20 rule applies with most things in life. Using that, you could say that 80% of the time CBSA will check and 20% of the time, they won't. Since it's in their job description, you can't flip this rule around the other way.Alabaman said:
The OP's father might get lucky and be one of the 20%. But he should be prepared to be one of the 80% as well.
It's THIN not THING and I don't know about you but I believe a 20% chance (or less) is extremely thin. If I see something written in someone's job description I expect them to DO it. So if you think it's of my own making you would be wrong as it is the Minister of Public Safety's (Vic Toews) making. His department oversees CBSA and I'm pretty sure he expects all of the officers to do their jobs as outlined here:Alabaman said:
http://www.cbsa-asfc.gc.ca/agency-agence/legislation-eng.html
I wouldn't know if it's really 80/20. In fact I have absolutely no idea how likely it is that they will pull you out and tell you that you don't meet the residency requirements. From what I've seen people on this forum say, there are some that this happens to and there are some that get in without questions. Without having made a note of how many of each there were, I'd guess at 50/50. It can also be dependent on what people say to them. If they come and volunteer the information that they haven't been in Canada since they landed and their PR card is expiring, it is obvious that they don't meet the residency requirements but if they have visited Canada once a year, they can always say truthfully that they were only gone for a year.
I think it is also quite possible that the immigration officers to not have full access to all information from everywhere right that moment. They may know about your entries but not when you left. They may be able to get more information by working with border services of other countries or pulling information from somewhere like the tax and revenue but this may not be accessible to them at the time you are standing there seeking entry. They would still be doing their jobs perfectly with the information they have at the time but if they really do not have instant access to your leaving dates, they can only see that you have entered once a year and they would not know if you have entered to take a short vacation in Canada or if you were coming home to Canada after a short vacation in another country.
I think it is also quite possible that the immigration officers to not have full access to all information from everywhere right that moment. They may know about your entries but not when you left. They may be able to get more information by working with border services of other countries or pulling information from somewhere like the tax and revenue but this may not be accessible to them at the time you are standing there seeking entry. They would still be doing their jobs perfectly with the information they have at the time but if they really do not have instant access to your leaving dates, they can only see that you have entered once a year and they would not know if you have entered to take a short vacation in Canada or if you were coming home to Canada after a short vacation in another country.
Well said Leon.
Now, my point is some people take whatever information on this forum and run with it (not that it is right to do so). Also, some people (and in most cases families) have so much at stake in keeping their PRs. I have witnessed how some contributors on this forum discourage and sometimes scare people based on "what they think". I think it is just fair to say what you know based on facts... and in cases where you don't know, make it clear that you are not sure. It is easy to type "extremely thin chance" and go to sleep... but you don't know who is reading and what effect it has. You should have added "I am not sure but I think..." to that. Then it is up to the person reading to do more research and then decide.
I have not seen one person on this forum say that he was pulled aside at a POE for not meeting residency requirement... except for one person that actually told the officer that he didn't meet the requirement. If you see one please post in your reply. As a matter of fact, when you travel through land borders in a private car you don't require a PR card...that is the law.
Now, my point is some people take whatever information on this forum and run with it (not that it is right to do so). Also, some people (and in most cases families) have so much at stake in keeping their PRs. I have witnessed how some contributors on this forum discourage and sometimes scare people based on "what they think". I think it is just fair to say what you know based on facts... and in cases where you don't know, make it clear that you are not sure. It is easy to type "extremely thin chance" and go to sleep... but you don't know who is reading and what effect it has. You should have added "I am not sure but I think..." to that. Then it is up to the person reading to do more research and then decide.
I have not seen one person on this forum say that he was pulled aside at a POE for not meeting residency requirement... except for one person that actually told the officer that he didn't meet the requirement. If you see one please post in your reply. As a matter of fact, when you travel through land borders in a private car you don't require a PR card...that is the law.
I have definitely seen a couple of people say that this happened to them or somebody in their family but I can not be bothered to go back to the search and look for those posts. One of them was a woman who was trying to keep it by travelling to Canada regularly and surely she did not volunteer the information that she didn't meet the residency requirements but at some point, they told her that they didn't believe she is living in Canada and gave her an RQ to fill out. Another one was somebody's son who was studying overseas and they actually took his PR card from him. I don't even think they are allowed to do that and I think he hadn't even lost his PR yet because he could still meet the residency requirements although it was close. I know a woman personally where the IO wanted to take her PR card away but she refused to give it up. Maybe they check less at the land border.Alabaman said:
I woulld like to add that:
Each person crossing the border is recorded into Boreder Agency record and one can obtained his/her own record by writing to their ottawa office
Now a days such record is asked in citizenship obligation list, I myself provide the same
Each person crossing the border is recorded into Boreder Agency record and one can obtained his/her own record by writing to their ottawa office
Now a days such record is asked in citizenship obligation list, I myself provide the same
This is news to me. Have you done that and did they send you a list of your comings and goings? Do you have a link or you have the address? Do you have to pay for this service?internee said:
This would be a good option for people who have travelled but not kept track of their travel dates and have to try to recall them when applying for PR renewal or citizenship.
Ok, here's some law and research for you. These cases are for just for one year (2009-2010):Alabaman said:
http://www.canlii.org/eliisa/search.do?language=en&searchTitle=Search+all+CanLII+Databases&sortOrder=relevance&searchPage=eliisa%2FmainPageSearch.vm&text=immigration+%2B+%22residency+obligation%22+%2B+dismissed&id=&startDate=2009&endDate=2010&legislation=legislation&caselaw=courts&boardTribunal=tribunals
No matter what you believe, I am not stating this to "scare" anyone. I am stating what is allowed in LAW. Here's some more research:
http://laws.justice.gc.ca/eng/I-2.5/page-3.html#anchorbo-ga:l_1-gb:l_3
Scroll down to Section 28 which states:
Residency obligation
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;
(b) 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;
(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
The CBSA website states for non-Canadians: http://www.cbsa-asfc.gc.ca/security-securite/admiss-eng.html
If you are a permanent resident of Canada or the U.S, you should bring your Permanent Resident Card with you.
The Canadian Foreign Affairs website states: http://www.voyage.gc.ca/abroad_a-letranger/return-canada-retour-eng.asp#2
Permanent residents (immigrants living in Canada who are not yet Canadian citizens) travelling outside Canada need a valid permanent resident card to return to Canada. Travellers are reminded to check the expiry date on their card.
@Leon, when I was discussing the 80/20 rule I was talking about life in general and should have made that more clear. I'm not discussing CBSA's practices, just what I generally think about how most things work.
And @Alabaman, I have to say that using this forum as your ONLY point of reference for legal information is a bad idea. If you think that every person (or even the majority of them) who have an immigration issue regarding residency obligations comes on this forum, you are very sadly mistaken. They are sitting in law offices or on the phone with their lawyers and consultants trying to prove that there are Humanitarian and Compassionate grounds to get their loss of PR status overturned at the IAD or by Judicial Review.