PR card Expires before the 730 days required

[human53]

Hi Leon

I have been in and out of Canada for about 3 1/2 years since my landing in 2007. Currently, i am staying permanently since one year. I still need about 9 months to fulfill the required 730 days to renew my PR. Can I stay with my expired PR until I fulfill the 730 days ?. I have a valid passport and a valid Canadian driver license. In case that the best for me is to wait till I complete the 730 days, Will I be subject to question about my absence by the officials, on applying for renewal? And what should I prepare if this will be the situation ?. I really appreciate the help and advice you and the others are offering to the new immigrants
N.B. My family were staying in Canada during the periods of my absence.

thank you and have a good day.

 

[Leon]

There is no problem staying with an expired PR card. If anybody asks you why you haven't renewed it yet, you can say you haven't gotten around to it or you can say that you have sent in the application but it is taking a long time (which could be true, sometimes happens). If they get aggressive with you which I think extremely unlikely, you can ask them to show you the law that says you must have a valid PR card to live in Canada. There is no such law so that should shut them up.

However, you should not leave Canada and you should not apply for anything from immigration until you have your 730 days in the past 5 years. After that, you can apply to renew your PR card. Keep in mind that they only look at the 5 year window immediately before you apply to renew so days you stayed in Canada just after your landing will have expired and moved outside that window by the time you are ready to apply and will not count. Make sure you do not apply to renew unless you really have at least 730 days in the past 5 years at that time, preferably more.

Immigration own operational manuals say they can only consider the past 5 years so they can not ask you about anything further back in time.

 

[human53]

Hi Leon,
Thank you so much for your prompt response and valuable advice. From what you mentioned, I get that I will be questioned. The alibi that I have sent the application and for some reason it did not reach, is a good one. But, the point is that the fees should has been paid at the proper time as a proof for my claim, right ?. Also, my old expired passport , which contain the landing visa, will show that I was out of Canada for about 3 1/2 years. So I think your second advice , show me the law, is more suitable. I am not sure for how many days is it allowed to stay with an expired PR card?. According to your valuable information, there is no law regulating that, is my understanding correct ?. So, they have no legal base to deny me the renewal of my PR, am I right ?. What should I prepare, other than the requested on their website, to convince them that I was actually resident in Canada when I fulfill the 730 days or more ?.
I appreciate your expert help and I am sorry for repeating some questions. I just want to be sure that I have strong stand by consulting kind experts like you and the others . Thank you.

 

[Leon]

You will not be questioned about this when you apply to renew your PR card if you do it after you have 730 days. Then they will have no legal base. However, if you have any contact with immigration before then like you leave and try to re-enter Canada or try to sponsor a family member or try to apply for a PR card renewal too early, you can expect that they will look at the past 5 years counting from the date that happens and if you do not meet the residency requirements during the period, you could lose your PR.

To prove that you have your 730 days once you do, if you have a passport stamp from the last time you arrived, that will show that you arrived. Otherwise, airline ticket, boarding card? To show that you stayed since then, have you worked, do you have any place you regularly go, do you have a doctor or a dentist you visit on a regular basis? There are a lot of statements you can get from people who can verify that you were in Canada. Even a neighbour, especially if they have a respectable job like a doctor, dentist, lawyer, judge etc. You can also show bank records, especially credit card purchases and ATM withdrawals although that doesn't show without a doubt that you were the one using the card.

 

[human53]

Thanks a lot Leon. God bless you.

 

[salam alsalam]

Enter to Canada

Hi Leon,

I landed in Canada in 2009, I stayed 8 days, and then I went back to my original country to complete my studying, I returned back to Canada in 2010 and I stayed 7 weeks thats all.
My PR will expire in Jul 2014, now I want to go back to Canada to live, will I be able to enter Canada ? and what will happen to my PR when I enter ? and what should I expect to happen when I enter the border ? also what should I do when I enter with my PR ?

I am confused and I really need an advice, I don't want to make a move to canada without knowing what will happen to my PR and how long do I have to stay in Canada ? I know I have to live 730 days to renew my PR but in my case what will happen ? and what should I do ?

Thanks and have a good day

 

[Leon]

When you enter Canada, it is possible that immigration knows or suspects that you did not meet the residency requirements and will ask you about it. It is also possible that they don't. If they do, depending on how they like your answers, they may lecture you about not meeting the residency requirements and worst case scenario, they could report you for it. If they report you, you will be allowed to enter Canada for 30 days and will have to appeal for your PR if you want to keep it. If that happens, you will have to list the reasons why you could not meet the requirements. If they consider you to have had good reasons, they may let you keep your PR. However, it is not that common to get reported.

If you are able to enter without getting reported, you must stay for 730 days without leaving. That's 2 years. Your PR card may expire in the meantime but that is not a problem as long as you stay in Canada. Make sure to stay out of the way of immigration, for example do not try to sponsor any relatives until you have completed your 2 years. Once you have completed your 2 years, you can apply to renew your PR card. Since they only ask for the last 5 years at the time you apply, they will see 2 years in Canada, 3 years outside and they must renew.

In order to prove your time in Canada, it is best to keep your boarding card and flight ticket from the time you arrived, rental agreement, utility bills and best try to get a regular job as soon as you can so after you complete your 2 years and apply to renew, you can prove your time in Canada with an employment letter plus copy of boarding card, flight ticket etc.

 

[Leon]

I have no idea which one is more strict. I also have no opinion on what you should tell them. The problem is if you have been away for more than 2 years and you tell them 2 years, if they have something in their computer that shows something different, you may have a problem. Then again, if you tell them the truth, they will know you don't meet the residency requirements.

 

[salam alsalam]

Thank you so much for your help.

 

[salam alsalam]

Hi Leon,
How long does it take to renew the PR ? And the time while renewing the PR does it count for the 1095 days which is the citizenship residency requirement ??

Thank you and have a good day

 

[Leon]

It currently takes 3 months to renew a PR card, see http://www.cic.gc.ca/english/information/times/perm-card.asp

Any days stayed in Canada within a 4 year period of applying count towards citizenship so if you arrive and stay 730 days, even if your PR card expires in the meantime, those days will count towards your 1095 days for citizenship.

 

[salam alsalam]

Thank you so much

 

[meena]

Hi Leon,

Similar situation I have for my brother. He stayed in Canada only for 1 week and then went back and now his PR Card will expire next year in November.

I read your abve post and quite happy to know that. Can you please provide me the link of the website where we can find this formation.

I m in urgent need of this.

Thanks in advance.

Meena

 

[Leon]

Similar situation I have for my brother. He stayed in Canada only for 1 week and then went back and now his PR Card will expire next year in November.

I read your abve post and quite happy to know that. Can you please provide me the link of the website where we can find this formation.

I m in urgent need of this.

If immigration realizes when he enters Canada that he does not meet the requirements and they report him for this, he would have to appeal for his PR and unless he has good humane and compassionate reasons why he could not meet the requirements, he will probably lose his PR. If they do not report him as he enters, he can stay for 2 years and then apply to renew. You can find this here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

Look at page 7 where it says:

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.

 

[meena]

Hi,

Thank you sooo much Leon.

I would read these details and may contact you if I need any aother info.

You have been so helpful while I applied for my Canada Immigration too. I am also in Canada and enjoying happy life here.

Thanks much..

Meena