Outside of Canada - PR Card Expiring Soon

[canadauk1]

Hi

I'm a UK citizen and currently back living in the UK. My Canadian PR card expires in May 2016. By May 2016, I "technically" meet the 730 days in 5 years by:
1) 1 year in Canada - being in Canada from mid-2012 to mid-2013. After that, I came back to the UK. I wasn't working during this time in Canada (taking some time off ) so what evidence would I need?
2) About 30 days trips back to Canada
3) 1 year accompanying a Canadian citizen from Mar 2015 to future date of Mar 2016 - When I went back to UK, I went with my then girlfriend. We got married this year in March so by March next year, that gives another year to meet the residency requirements in full.

In the next 5+ years, we will probably stay in the UK during that time but want to be able to go back to Canada for visits. In the future, we might move back but that is years away.

The problem now stems from these new rule changes:

Starting March 15, 2016, if you are a permanent resident of Canada and a citizen of a visa-exempt country, you will need to travel with your Canadian permanent resident (PR) card or PR travel document when flying to Canada. Otherwise, you may not be able to board your flight to Canada. PRs who are citizens of visa-required countries will continue to need to show their PR card when boarding a flight to Canada.

Given that my PR card is expiring and we were looking to go to Canada in May 2016 to visit (unfortunately around the same time as my PR card expiring), should I on a general level, look to continue to renew my PR card or ask denounce my PR status?

If I denoucne my PR status, in the future, can I easily reapply via my spouse if we were to move back over and will it harm my application if I was to denounce it?

If I was to renew my PR card, given that I won't hit the 730 days till March 2016, do I need to wait till then to apply? Which given the 146 days processing times, I wont be able to go to Canada in May 2016 then for a visit?

How would the actual renewal work if I am outside of Canada?

If I did renew and another 5 years was spent outside of Canada, although I will be with my wife, it seems a bit wrong to then reapply again?

Any advice or guidance appreciated. Basically we don't want to jeopardise and burn any bridges if we were to move back to Canada - we just dont want to do for a good few years so also be able to visit Canada without any problems.

Thanks

 

[Msafiri]

1. The Residence Obligation (RO) requires a PR to have 730 days of physical presence in Canada (or other allowable exemption - see 5) in each 5 year rolling period with reference to the 'landing date' and the 'examination date'. As a rolling concept it means the RO window moves forward one day each day. As such days that you can use for your RO today may no longer be used tomorrow if they fall out of the window. This is the major error when PRs are reviewing their RO then mistakenly and/or intentionally use their PR Card expiry date as a reference point.

2. Examination = any interaction with CIC/CBSA that requires your RO to be reviewed so Port of Entry admission, PRTD application, PR Card renewal application, Sponsorship.

3. If you have been a PR for 5 or more years then you must meet the 730 days in the time period between the 'examination date' and 5 years prior to this examination. (historic looking)

4. If you have been a PR for less than 5 years then you must be able to meet the RO on the 5th year anniversary of your landing date (forward looking).

5. Any days a PR is accompanying a Canadian Citizen spouse abroad are deemed to be 'in Canada days' for purposes of complying with the RO. Spouse includes a common law relationship so it seems you have more than just the 1 year you can consider to count towards your RO. So check your own 'in Canada days' and 'accompanying days' then total these up for the 5 year window period to the dates of your next entry into Canada and PR Card renewal. If you have the 730 days at each of the dates then you are good.

6. The eTA will just be a problem for PRs who are in breach of the RO. Currently if you hold visitor visa exempt passport to Canada as you have its 'easier' to sneak back into Canada when in breach of the RO. With eTA application process enquiring into your Canadian status the visit visa exempt PR who doesn't have a PR Card seems more likely to be questioned at the border as to why they don't hold a valid PR Card. If you meet the RO its not a big deal.

7. Your PR Card renewal application should originate in Canada. This means you can mail it to someone in Canada who then mails it onwards to CIC. You will likely have to pick your PR Card up in person. The application form and guide will detail the evidence required as proof of your physical presence in Canada and that of 'accompanying' days.

Good luck

Not sure why the mods don't set up an FAQ for the repetitive questions on here?

 

[canadauk1]

Thanks for that Msafiri.

7) If I needed to pick up the PR card in person, how can this be done if I am out of the country and can't get in?
6) On your bit where you said "If you meet the RO its not a big deal". Did you mean when applying for the PR card or explaining myself at border control why I don't have my PR card or expired one?

 

[Msafiri]

..6) On your bit where you said "If you meet the RO its not a big deal". Did you mean when applying for the PR card or explaining myself at border control why I don't have my PR card or expired one?

Correct. You are guaranteed admission into Canada regardless of RO compliance as per the Constitution once its clear you are a PR. You will not be reported if in RO compliance. Likewise you are also guaranteed PR Card renewal if you are in RO compliance. You can apply in advance of your current PR Card expiring and hold onto the current PR Card. Check the forms and guides for instructions you may be able to apply with a timeline that has your new PR Card ready for collection when you are next in Canada.

.....7) If I needed to pick up the PR card in person, how can this be done if I am out of the country and can't get in?

Seems with eTA that the only options for visit visa passport holding exempt PRs with expired PR Cards have to get to Canada is to apply for a PRTD or enter via the US/Canada land border. This is the same hassle that non visit visa exempt passport holding PRs have had to live with.