Options after 36 month obligation passes

[kennykill]

I was granted permenant residency in March 2009 (landed and PR card issued; expires March 2014). I only went to activate the card as I was in Uni and between the duration of the Uni course and subsequent work, I haven't been back to Canada since. The trip was max 10 days. I'm looking to return to Canada to start a new life for myself, but from what I read on the various threads here there are certain obligations.

• The 36month period in the first 5 years. I understand that for the first PR term, the holder can't be out of the country for more than 36months consecutively from the activation date? I can still honour this obligation if I land before March 2012 but what I'm curious about is that what happens if I don't travel before then, i.e the 36month period passes. Will I still be able to travel and work for the remaining life of the PR card (up until March 2014) or do I lose PR completely?
• Secondly, about the renewal process. If I land in Canada with say 730 days left on my visa (i.e. just about honour the 36 month obligation by the skin of my teeth!), does that mean that I can only leave the country again for a total of 10 days if I want to renew my PR? Can I count the inital 10 day holiday when I activated my PR?
  
• Finally, if I have 730 days left on my PR when I'm in Canada, when can I apply for renewal? Can I apply prior to the 720 period expiring or do I have to be honour the 720 day period and then apply (i.e. I'll honour the 720 on the day my card expires)?

Thanks!

 

[Alabaman]

You can come back to Canada. Once you are here, I think it is safe to travel for short trips before the expiration of your PR card. Once your PR card expires, do not submit an application to renew until you have 730 days in the preceding 5 years.

 

[kennykill]

Thanks Alabaman!

This idea of staying on even after the PR card expires to get 730 days before applying for renewal seems strange to me. Do they not find out that you've not met the obligations within the specified 5-year term of your card if you apply for renewal months after the card expires? If that's the cause you could stay indefinitely without the authorities knowing (granted you could never leave the country!) and never renew your card. Seems a strange system to me, or are the conditions of stay for PR holders different to temporary residents? It would appear that the card is just identification to enter Canada, and to maybe helps to get proper (i.e. legal) employment. Should you stay with that employer from that point on and never want to leave Canada again then the PR card is not used for anything else. It would be a lifetime of in-country holidays but Canada's a big place! ;D I'm not for a second thinking of doing anything of that nature, I'm Irish and could never not come back here for at least a holiday now and then, but it seems a blatant infringement of the 730 day obligation.

 

[scylla]

You should be aware that when you return to Canada, the immigration official may make an assessment of whether or not your meet the residency obligation. If the immigration officer feels you have not met your obligation, they can report you. If you are reported, you will have to appear in front of a judge to argue why you should be allowed to retain your PR status.

I'm not saying the above happens often. But it CAN happen. So there are certainly risks to not meeting your residency obligation.

 

[kennykill]

Understood, but if I enter Canada in March 2012 (as per my situation outlined above), I'm still within the 36month obligation period plus I will have 730 days left on my PR card so I shouldn't have any issues. I can stay in Canada for the remainder of my card and then renew it when the days are accrude. The problem in my situtation will potentially lie with the renewal. From other threads here it seems the renewal takes awhile, and if I have to wait for the 730 day to pass then I will be within days of my PR card expiring. I wonder what happens then? One of the following I assume;

1) I'm entitled a bridging visa until the renewal application is approved or rejected
2) I must depart Canada until the renewal application is approved or rejected
3) Stay and proceed as normal until the renewal application is approved or rejected

From what I've read, #3 is possible but seems to me that I would be "overstaying" by not having any valid proof of current residence status.

 

[scylla]

Understood, but if I enter Canada in March 2012 (as per my situation outlined above), I'm still within the 36month obligation period plus I will have 730 days left on my PR card so I shouldn't have any issues. I can stay in Canada for the remainder of my card and then renew it when the days are accrude. The problem in my situtation will potentially lie with the renewal. From other threads here it seems the renewal takes awhile, and if I have to wait for the 730 day to pass then I will be within days of my PR card expiring. I wonder what happens then? One of the following I assume;

1) I'm entitled a bridging visa until the renewal application is approved or rejected
2) I must depart Canada until the renewal application is approved or rejected
3) Stay and proceed as normal until the renewal application is approved or rejected

From what I've read, #3 is possible but seems to me that I would be "overstaying" by not having any valid proof of current residence status.

Yes - it's #3. And no - you're not overstaying. Just because you don't have a valid PR card doesn't mean you still aren't a permanent resident. You can still work here, use health care and function just as any other normal PR (you just don't have a valid physical card during that period).

 

[kennykill]

Yes - it's #3. And no - you're not overstaying. Just because you don't have a valid PR card doesn't mean you still aren't a permanent resident. You can still work here, use health care and function just as any other normal PR (you just don't have a valid physical card during that period).

Right I see, so it is different to temporary status then.

I still have the problem of the 36month obligation. By the end of March 2012 I'll have been more than 36months out of Canada. So if I do back after March, I will either;

1) Pass through immigration without any issues and then do not renew card until I have 730 days accrude, or
2) Get questioned about my time abroad and if the border guard is suspicious then he'll report me and I will have to argue my case infront of a judge? (The border guard won't know how long I've been away for so I could say 3-4weeks? but run a serious risk if I'm caught out.)

 

[scylla]

1) Pass through immigration without any issues and then do not renew card until I have 730 days accrude, or
2) Get questioned about my time abroad and if the border guard is suspicious then he'll report me and I will have to argue my case infront of a judge? (The border guard won't know how long I've been away for so I could say 3-4weeks? but run a serious risk if I'm caught out.)

Yes - those are the two things that could happen.

Above all else, don't lie to the immigration officer about how long you've been away. This is an extremely bad idea. You would be shocked how much information they have access to in their computers (airlines share their manifests with Canadian immigration and the US border guards share their info too - my husband has seen first hand proof of this numerous times). If asked, be honest about how long you've been away. Say that you have returned to Canada for good. If possible, carry proof that demonstrates you are re-establishing yourself in Canada.

 

[kennykill]

Thanks very much for all your help

Depending on when I'll be going, I should have a job offer in hand and a shipping form for all my stuff so I'll be a pretty convincing permanent resident candidate!

Thanks again.

 

[scylla]

Sounds like a good plan! I'm sure everything will work out fine.

 

[kennykill]

Sorry Scylla, one more query!

What if I entered Canada in Feburary and stayed for about 10 days again? Would this technically meet the 36month obligation? I think I might have read on another forum something about time only accrudes if living in Canada?

Tanks