PR 730 day requirement

[neuroticdan]

Good evening;

I landed in Canada in Feb'06, my first five years will be up on Feb'11. I have only logged 1 year in Canada (not in Canada now)... I had to leave for personal reasons.

Now, I would like to know if I can appeal the revocation of my PR status. First, can I re-enter Canada? Second, if I do, how do I apply for a PR card renewal without meeting the residency requirement of the first five years?

Thanks!

 

[neuroticdan]

Can anyone please help with my question?

Thanks!

 

[Leon]

You can try to enter Canada. If they let you in without any questions, you should stay for 730 days and then apply to renew your PR card. If they figure out when you enter that you don't meet the residency requirements, they may start proceedings to revoke your PR. If they do that, you have 30 days to appeal their decision. Winning the appeal will depend on if they consider you to have had a good reason why you didn't meet the residency requirements. If it was because you were taking care of a sick relative, that is a better reason than if it was because you got a good job.

 

[toby]

You can try to enter Canada. If they let you in without any questions, you should stay for 730 days and then apply to renew your PR card. If they figure out when you enter that you don't meet the residency requirements, they may start proceedings to revoke your PR. If they do that, you have 30 days to appeal their decision. Winning the appeal will depend on if they consider you to have had a good reason why you didn't meet the residency requirements. If it was because you were taking care of a sick relative, that is a better reason than if it was because you got a good job.

Leon: As I understand it, if the PR is questioned at the border, and proceedings to revoke his PR are started, he has 30 days to appeal. He should stay in Canada until the appeal is heard. But if he must exit Canada, he can aply for a special permission to re-enter Canada to attend the appeal hearing.

My questions are, how long until an appeal is scheduled, on average? And is the appeal located where the PR resides in Canada, or must he travel a (long) distance to attend the hearing?

 

[cooldoc80]

thnx again leon i'm learning alot from jumping to threads reading your comments

but in case they revoke the card would this guarantee to enter canada for appeal or they may even refuse to let him in ??

2ndly if somone enter and they didnt know at portal of entry you said he should live 2 years then apply but how would he live during these 2 years wouldnt he be an illegal resident and may get deported

 

[Leon]

thnx again leon i'm learning alot from jumping to threads reading your comments

but in case they revoke the card would this guarantee to enter canada for appeal or they may even refuse to let him in ??

2ndly if somone enter and they didnt know at portal of entry you said he should live 2 years then apply but how would he live during these 2 years wouldnt he be an illegal resident and may get deported

If the immigration officers are able to read their own publications they are supposed to go by, they should let the person in and start proceedings to revoke the PR. The person can appeal. However, all kinds of things have happened as people are entering at smaller border stations. The immigration officers may actually not know. It is possible that someone may be denied entry (unrightfully). It is possible that they would take their PR card away and not let them in or let them in as a tourist. It also happened in one case that the person was let in but was told that once they leave Canada, they should contact a Canadian embassy to give up their PR. Who knows.

If the person did enter Canada without being noticed, they are not illegal in Canada. They are a PR because their PR status has so far not been questioned or taken away from them. In this case, they are a PR without being able to renew their PR card because if they tried to, they know their PR status would be questioned because they didn't meet the residency requirements and probably would be revoked.