plz help

[ea]

hello,
I have obtained my PR card in 26/1/2006 and it expired on 26/1/2011.
I came to Canada in august 2009 and till august 2011 have met the 730 days requirement to renew my pr.
the problem is I applied in December 2010 for renewal, but i withdrew it because i realized i have to stay in Canada for 730 days. now I am planning to apply for renewal. However, would they penalize me because i didn't spend the 730 days within the 5 years period of the first pr.
your help would be appreciated
thanks!

 

[Leon]

No, they will not penalize you for that because it is in their own rules that they can only look at the previous 5 years from your renewal application date.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.
Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. 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.

 

[toby]

No, they will not penalize you for that because it is in their own rules that they can only look at the previous 5 years from your renewal application date.

Leon, you must get tired answering the same question repeatedly! You deserve kudos for patience.