PR card Expires before the 730 days required

[bonaddictus]

Hello everyone, I just want to clarify something it is just because I have talked to a guy (US Citizen). Just a quick one,

I have stayed in Canada for technically 350 Days since we landed, now I am outside Canada since October 22 2013.

I might stay outside Canada for 2 years and 6 months STRAIGHT because of school.

QUESTIONS:
1. Do I need to have a "re-entry" so I can stay outside Canada longer than a year?
2. Do I need to come back at least once every year to keep my PR status?
3. Should I inform the immigration that I will be outside Canada longer than 2 years?

Regards,
Bon

 

[Leon]

Hello everyone, I just want to clarify something it is just because I have talked to a guy (US Citizen). Just a quick one,

I have stayed in Canada for technically 350 Days since we landed, now I am outside Canada since October 22 2013.

I might stay outside Canada for 2 years and 6 months STRAIGHT because of school.

QUESTIONS:
1. Do I need to have a "re-entry" so I can stay outside Canada longer than a year?
2. Do I need to come back at least once every year to keep my PR status?
3. Should I inform the immigration that I will be outside Canada longer than 2 years?

Regards,
Bon

1. No
2. No
3. No

However, you need to meet the RO (residency obligation) of at least 730 days in Canada (can not have been outside Canada more than 1094 days) in your first 5 years as a PR and after that in any rolling 5 year period.

If you meet the RO, there is no problem being outside for 2.5 years straight. If you don't meet the RO, you'd risk losing your PR and you'd still risk losing it even if you came back every year.

The rules for the US green card are different and involve coming back every year. Canada doesn't have that.

 

[Leon]

Hi leon
My situation is my PR expired at may 2010,that's my first PR card.during that PR card period I only stay in Canada for 3 months, after my PR card expired, I back in Canada through US at Sep. 2011 until Sep. 2012, then I go out Canada and came back again at May 2013 through US. I'm plan renew my PR card after June 2013 which technically I finally physically in canada over 730 days in the past 5 years period, but I'm not continued live in canada over 730 days after PR card expired. 1.Is that gonna be a ploblem when I renew my card? 2.or should I wait after June 2015 then renew my card with a continued over 730 days period? 3.or I'm not be able to renew my PR card anymore?

thank you very much for help me

If you accumulated 730 or more days in the past 5 years and can prove it, you can apply to renew. If they didn't catch you for not meeting the RO, they can only look at the past 5 years. If you spent Sept. 2011 'til Sept. 2012, that is one year. If you came back only on May 2013, you need until May 2014 to get your 2nd year and then you can apply to renew.

 

[Leon]

yes I can prove. every time when I drove in Canada, they just ask me some question such as where I live and do I have a job, then let me through, didn't let me sign anything or ever sent me anyting. so I'm guess they didn't catch me yet.
and yes I spent fully one year(Sept.2011--Sept.2012) in Canada, ren-entried on May 2013 planing renew after June 2014, so am I good to go?
and if I marry a girl with no Canadian status,am I gonna expose? when the girl return to Canada and told border officer she is here to be with her PR husband, am I at a risk to expose before I meet my RO?

thank you very much!!

You say every time so there were more trips between the US and Canada? You know towards the 730 days you can only count days spent in Canada. If you live and work in Canada but take a week trip to the US, then you lose a week from your days.

As long as you make sure you have 730 days in the past 5 years when you apply and preferably a few more to make up for calculation errors or mistakes, then you should be good to renew.

If you marry a girl who has no status in Canada, you don't have to notify anybody in Canada but your wife does not automatically get any status. If she is visa exempt to Canada, she can come with you for a visit but it must be clear that it is a visit for her and that she will return. She does not have the right to move to Canada just because she is your wife.

In the future, you will have to sponsor her for PR but you can not sponsor her while you do not meet the RO yourself because then you would make immigration aware that you do not meet it.

 

[Leon]

everytime I mean both time I drove in Canada, as Sept.2011 and May.2013,only these two times. because according to your previous reply, I should continued live in Canada for over 730 days, then would be good to renew. but there is a huge gap between Oct.2013 to Apr.2013, so I'm worried.

She is hongkongness,so she is visa exempt. I only worried if I register now, it's goverment thing and I havn't meet my RO now

I know she won't automatically get any status and have to leave, the thing bothers us is this time she stays too long(normally visa free have a 6 months stay period and she stayed 5 and half month),so we think border will possiable refuse her come in again. so if she told border she is here to be her PR husband,will border invesgating my status?

You need to accumulate 730 days. It does not need to be a continuous stay so 1 year + 1 year is fine.

The rule of thumb for visiting Canada is not staying in Canada longer than not so if she stayed for almost 6 months, she should be outside for the next 6 or if she is currently with you, you could apply to extend her status as a visitor stating that you plan to apply for sponsorship as common law so you need to live together for another 6 months. By the time those 6 months have passed, you will meet the residency obligation again, you can apply to sponsor her either as a common law or get married and apply as a married couple.

I do not think there is a risk for you that she says she is visiting a PR husband or even if you say that you are living as common law. You do not have to give an address or travel history for that so I do not think they would investigate you.

 

[Leon]

Yes, 2-3 months outside, she might get away with visiting again but when a visa exempt person is visiting Canada, it is always up to the immigration officer if they let them enter. If they think she is staying in Canada too much, they can deny entry.

 

[Leon]

thanks for this reminder. one last question, if we get married now, am I at a risk of expose myself to goverment that not meet RO?

No, there is no check on you just because you get married. You don't even have to tell immigration that you got married. They will find out only when you apply to sponsor your wife.

If your wife comes to visit you after you are married and tells the immigration officer that she has come to visit her husband, she should be clear to stay that she is not coming to stay, just to visit. She is still not allowed to move to Canada just because she is married. If they ask why you are not sponsoring her for PR, she can say that you are working on getting the application package together. It is plausible because there are many forms to be filled out, you need to get her police records from every country she's lived in etc.

 

[singh_king1234]

dear leon,
i landed canada on 27 nov 2013 and leaving country on 3 feb 2014. because m getting married in march 2014. till now i havent recieved my pr card. well if i don't receive it my relatives will send it through courier to india. can i stay 3.5 months in india after marriage and can come back to canada. is there any minimum requirement that you have to stay once u landed. thanks

 

[Leon]

dear leon,
i landed canada on 27 nov 2013 and leaving country on 3 feb 2014. because m getting married in march 2014. till now i havent recieved my pr card. well if i don't receive it my relatives will send it through courier to india. can i stay 3.5 months in india after marriage and can come back to canada. is there any minimum requirement that you have to stay once u landed. thanks

Yes, the minimum requirement is staying 730 days in the first 5 years after you landed and after that any rolling 5 year period.
3.5 months is fine but you need to come back to Canada before you can apply to sponsor your spouse.

 

[Sanket]

Hi;

I am Sanket currently in India. I received PR under skilled worker category in year 2011 Dec. I landed in Canada in May 2012 and stayed there for 3 months. during this period i completed all my formalities got a job in my field of expertise and served in that company for three months. Than i had to return to india for some family problems. In my PR card its mentioned that i can travel any number of times upto 2017 but i need to show a stay of 1070 days before i can renew my PR.

Fact is i cannot move back to canada before two years i.e 2015. then when i enter in canada would i face some difficulties at the time of immigration? if yes what proof should i carry and how to tackle this issue. also by the time my present PR card expires i wont have completed a stay of 1070 days in canada. what should i do in this case to renew my permanent residency and continue my stay in canada.

Hope to have a quick reply.

Hi;

I first landed in Canada in May 2012 under FSW, I got a job and worked in Winnipeg for three months, unfortunately due to my mothers deteriorating health conditions i had to return back to India in September 2012. Now i am going to return to Canada on 29th September 2014. I have my PR Card with me which is valid till July 2017

I wanted to know whether there would be any inquiry or problems from Immigration authorities upon my return to Canada, Also what precautions and preparations i should make to enter Canada smoothly.Any documents that i need to keep handy at the time of landing etc.

Also i would like to know that as i had stayed for good 4 months in Canada in 2012, can i return to India for 15 days every year as a vacation and still continue to hold my PR and renew it once i have crossed stipulated requirement of 730 days out of every 5 year period.

Hoping to have a quick reply.

Regards

Sanket Vohra

 

[shella_33]

Hi I really need an advice as this is an urgent please.. I stayed in Canada since Aug 2010 for about 290 days and my PR will be expired in Oct 2015 but if I go now to Canada as I am outside and stay until 2015 Oct I still need two months to get the 730 days done. I was reading some friends questions and the answers and I totally understand the issue of staying in canada until i complete 730 days but what I do not understand is : what does that mean when it is said : if the immigration officers reports me when i enter ? and the word ( appeal ) ???

does that mean that the immigration will call me when my PR is expired and deport me out of canada as I could not complete that 730 days because i need to stay 2 months after my pr is expired .!!! please help I do need your advice. Regardss

 

[Alurra71]

Hi I really need an advice as this is an urgent please.. I stayed in Canada since Aug 2010 for about 290 days and my PR will be expired in Oct 2015 but if I go now to Canada as I am outside and stay until 2015 Oct I still need two months to get the 730 days done. I was reading some friends questions and the answers and I totally understand the issue of staying in canada until i complete 730 days but what I do not understand is : what does that mean when it is said : if the immigration officers reports me when i enter ? and the word ( appeal ) ???

does that mean that the immigration will call me when my PR is expired and deport me out of canada as I could not complete that 730 days because i need to stay 2 months after my pr is expired .!!! please help I do need your advice. Regardss

No it means that when you are coming into Canada if the CBSA agent at that time decides to report you because you do not meet the residency requirement you will then have to appeal to keep your PR. If you are not reported, then you sit tight in Canada until you have your 730 days or more so you can renew your card. You can remain in Canada even when your PR card is expired as the card is ONLY for traveling.

 

[shella_33]

Hi I landed in 2010 and till that time until now i have been traveling in and out of Canada and I stayed only for about 290 days and my PR will be expired in Oc 2015. The question is if i enter canada and stay till my pr expired i still need two months to complete the 730 days. i have read many questions and answers here on the board but I need to know what does it mean by if the immigration officer reports me when I enter !!! does that mean that that the immigration will ask me to leave canada or deports me when my pr will be expired so i will not be able to complete that 730 days as i need the two months to complete it..

Please help ! I do appreciate your advice

 

[Leon]

Hi I landed in 2010 and till that time until now i have been traveling in and out of Canada and I stayed only for about 290 days and my PR will be expired in Oc 2015. The question is if i enter canada and stay till my pr expired i still need two months to complete the 730 days. i have read many questions and answers here on the board but I need to know what does it mean by if the immigration officer reports me when I enter !!! does that mean that that the immigration will ask me to leave canada or deports me when my pr will be expired so i will not be able to complete that 730 days as i need the two months to complete it..

Please help ! I do appreciate your advice

If you get reported, the IO has recognized that you don't meet the RO and starts proceedings to revoke your PR status. You can appeal this based on your reasons for not having been able to meet the RO. However, keep in mind that self serving reasons like choosing to study overseas or not wanting to give up a good job are not considered good reasons while if you had humanitarian grounds like taking care of a sick relative or serious medical problems of your own, you have a better chance.

If the IO reports you, they will let you enter Canada and you will have 30 days to appeal for your PR status. If you do not appeal, your PR will be revoked and you will be asked to leave. If you do not leave within a set time limit, they will deport you. If you do appeal, you will have the right to continue to stay in Canada as a PR while they process your appeal which can take 1-2 years. However, time stayed while under appeal will only count towards the RO if you win so you can not appeal, stay 2 months and then say you meet the RO again.

If you do not get reported, keep in mind that if you have been a PR for more than 5 years, it is not the time since you became a PR that counts but the past 5 years so time you stayed in Canada right after your landing will have moved outside that 5 year window and will not be counted. If you have been outside Canada for more than the past 3 years, you will not meet the RO again until you have been in Canada for a full two years. If you don't get reported, you are still a PR even if your card has expired so you can continue to stay and work. You should however not attempt to renew your PR card while you do not meet the RO.

 

[Sanket]

Hi;

I first landed in Canada in May 2012 under FSW, I got a job and worked in Winnipeg for three months, unfortunately due to my mothers deteriorating health conditions i had to return back to India in September 2012. Now i am going to return to Canada on 29th September 2014. I have my PR Card with me which is valid till July 2017

I wanted to know whether there would be any inquiry or problems from Immigration authorities upon my return to Canada, Also what precautions and preparations i should make to enter Canada smoothly.Any documents that i need to keep handy at the time of landing etc.

Also i would like to know that as i had stayed for good 4 months in Canada in 2012, can i return to India for 15 days every year as a vacation and still continue to hold my PR and renew it once i have crossed stipulated requirement of 730 days out of every 5 year period.

Hoping to have a quick reply. Need your urgent reply

Regards

Sanket Vohra