PR Card obligation

[Ashisha04]

Hello Senior Members, I need your help!

I want to know the status of my PR card:- I hold a Canadian PR card from April 2010 till April 2015. I first time travelled to Canada in July 2010 and completed all my formalities in July. From July 2010 till now i only stayed for 3 months till now.

Now i wanted to stay in Canada fore ever and hence would lilke to travel to Canada most likely in Feb 2014 to Continue my PR.

Few Questions /Clarifications i wanted to clarify:-
1. Will be there any problem if i travel in Feb 2014 from Canadian Authorities and continue to stay there forever?
2. If i Travel in Feb 2014 to canada. Will i able to meet my PR status and if not what will be alternative available to save my PR status.
3. When should i renew my PR card as my PR card getting expired on April 2015
4. Will be there be problem if i continue to stay in Canada by not getting my PR card renew ? Will that be illegal to stay in canada without renewing the PR card timely?

Am Citizen of India and currently in India.

I would really appreciate if you can help with me the above questions and am too much worried about it.

 

[Kkd]

You can enter Canada with your pr card valid till April15.but even if you stay till April 15 you can't meet your RO.
YOU MAY CONTINUE to stay till you meet your RO IN NOVEMBER15 (even if your card expires in April15)and then proceed for renewal the same ,some time in December15.
It is not illegal to stay without a valid card, if you retain your PR status.PR card is more of a travel document rather than a proof of PR status.

 

[Leon]

Few Questions /Clarifications i wanted to clarify:-
1. Will be there any problem if i travel in Feb 2014 from Canadian Authorities and continue to stay there forever?
2. If i Travel in Feb 2014 to canada. Will i able to meet my PR status and if not what will be alternative available to save my PR status.
3. When should i renew my PR card as my PR card getting expired on April 2015
4. Will be there be problem if i continue to stay in Canada by not getting my PR card renew ? Will that be illegal to stay in canada without renewing the PR card timely?

1. If the immigration officer realizes when you enter Canada that you don't meet the RO (residency obligation) they can report you for it. If they do, they will let you enter but you will have to appeal for your PR. If you lose the appeal, you lose your PR. It is by no means guaranteed that the immigration officer will realize it and even if they do, there is no guarantee that they will report you. You will just have to hope for the best.

2. If you get in without being reported, you should stay in Canada until such a time that you have your residency requirements met for the past 5 years. Worst case, that might not happen until Feb. 2016, depending on when you stayed your 3 months.

3. You should not apply to renew your PR card until you meet the residency requirements.

4. Nothing bad will happen if you are in Canada and let your PR card expire. For the most part, you don't need a PR card to live in Canada. You may be asked when you apply for a drivers license and health care but you will already have that covered way before your PR card expires.

 

[nikcho]

but the question is this
1) if one completes one year and 6 months in previous five year circle and then he stays next required six months during his next five yr circle , will they accept it and renew the pr card ?

 

[Msafiri]

but the question is this
1) if one completes one year and 6 months in previous five year circle and then he stays next required six months during his next five yr circle , will they accept it and renew the pr card ?

You need 730 days in the 5 year period prior to 'examination' where examination is any interaction with CIC/CBSA eg PR Card renewal, sponsorship, seeking admission at a Port of Entry. This is where you have been landed for 5 or more years. If you are landed less than 5 years then you must be able to get 730 days by the 5th anniversary.

 

[NeedleArtist]

but the question is this
1) if one completes one year and 6 months in previous five year circle and then he stays next required six months during his next five yr circle , will they accept it and renew the pr card ?

So many seem to have difficultly understanding the 730-rule that I've found explaining it this way sometimes seems to help ...

Every single morning when you wake up, you should be able to say to yourself,

"during the last 1825 days (5 years), I have been physically present in Canada for at least 730 days."

EVERY SINGLE DAY!!! Without Exception.

If you cannot truthfully make this statement each and every day, then you are in contravention of PR residency requirements. That's all there is to it.

*Obviously, the only exception is during the initial five-year period after landing, when you have a full five years in which to accumulate the needed 730 day minimum. But once day number 1826 has come (5 years + 1 day after landing), and on every single day thereafter (at least until you become a Canadian citizen!), you must be able to make the previous statement.

 

[Leon]

but the question is this
1) if one completes one year and 6 months in previous five year circle and then he stays next required six months during his next five yr circle , will they accept it and renew the pr card ?

Ideally, you should always have 730 days in the past 5 years like NeedleArtist said but if you didn't and you managed to enter Canada without being reported, you should not apply to renew until such a time that you do have 730 days in the past 5 years because then you will meet the RO (residency obligation) again.

Immigration will ONLY consider the 5 year period immediately preceding the application date.

They will NOT go back in time and say you lost your PR because you did not meet the RO in your first 5 years as a PR or some other 5 year period if they didn't catch you at that time, for example by reporting you on entry.

Immigration will ONLY consider a 5 year period. You can not count 5 years and a month or 5 years and 6 months etc. Once you have been a PR for more than 5 years, they only look at the past 5 years. Time spent more than 5 years ago is outside the window and is not counted any more.

 

[Aspat]

Leon has mentioned in numerous posts that if you do not meet the residency obligation before the expiry of PR card, you can still accumulate the 730 days (provided you are in Canada and don't leave the country for the duration) and then apply for renewal, since CIC only looks at the previous 5 years.

I've read the same in the immigration manual link posted by Leon.

I would like to hear from people who let their PR card expire, accumulated 730 days, applied for renewal and got it. Were there problems faced? Please share your experiences. Thanks.

 

[Hasher]

I would like to hear from people who let their PR card expire, accumulated 730 days, applied for renewal and got it. Were there problems faced? Please share your experiences. Thanks.

Interesting to know, I am planning to apply but still feel shaky after 30 months of continuous stay in Canada with around 18 months over expiry, there are so many stamps of middle east and Asia on my two passports that I wonder that would confuse CIC, some of the Saudi Arabia and middle east stamps are not legible and I cannot get the translation of that, then I have one lost passport in between, then I have my job mingled between three provinces while residing in one province only.
If somebody have PR card without problem after long expiry then it would also encourage me to apply as I have desperate need to travel abroad

 

[Aspat]

My kids and I meet the RO but my husband would not when our PR cards expire in June 2014. He also has jumbo passports filled with visas and stamps from various countries, many from the Middle East. He also has an active UAE resident visa on his passport. How important is it to get it cancelled?

 

[nikcho]

DEAR
MY QUESTION IS
IF I DONT FULLFILL MY RESIDENT OBLIGATIONS , CAN I APPLY FOR MY RENEWAL OF PR CARD ON COMPLETION OF 5 YRS TIME.
CAN I EXPLAIN MY POSITION TO AUTHORITIS?
BUT I DONT FIND ANY COLUMN IN PR RENEWAL APPLICATION FORM.
IN WHICH COLUMN I SHOULD WRITE MY REASONS FOR NOT COMPLETING THE PR DAYS ?

I AM IN INDIA NOW AND GOING BACK ON MARCH 25. 2015 . MY PR CARD IS EXPIRING IN MAY 2015 . WILL THERE BE ANY PROBLEM IN ENTERING CANADA ON THE SAID DATE AS I DONT MEET MY RESIDENT OBLIGATIONS . I SPENT MORE THAN ONE YEAR IN CANADA.

CAN I COME BACK AFTER APPLYING FOR PR CARD RENEWAL ?
PL ANSWER.

 

[Leon]

DEAR
MY QUESTION IS
IF I DONT FULLFILL MY RESIDENT OBLIGATIONS , CAN I APPLY FOR MY RENEWAL OF PR CARD ON COMPLETION OF 5 YRS TIME.
CAN I EXPLAIN MY POSITION TO AUTHORITIS?
BUT I DONT FIND ANY COLUMN IN PR RENEWAL APPLICATION FORM.
IN WHICH COLUMN I SHOULD WRITE MY REASONS FOR NOT COMPLETING THE PR DAYS ?

I AM IN INDIA NOW AND GOING BACK ON MARCH 25. 2015 . MY PR CARD IS EXPIRING IN MAY 2015 . WILL THERE BE ANY PROBLEM IN ENTERING CANADA ON THE SAID DATE AS I DONT MEET MY RESIDENT OBLIGATIONS . I SPENT MORE THAN ONE YEAR IN CANADA.

CAN I COME BACK AFTER APPLYING FOR PR CARD RENEWAL ?
PL ANSWER.

You can apply to renew your PR card if you don't meet the RO but you should prepare for your application taking a long time and that you could possibly be refused and you may lose your PR. It depends on your reasons for not being able to meet the RO though.

When you arrive on March 25th, it is possible that the immigration officer reports you for not meeting the RO if they suspect that is the case or if you admit to it yourself. If they do, you can appeal this with your reasons. The appeal can take 1-2 years to process during which time, you would be allowed to renew your PR card for 1 year at a time. It is however very detrimental to an appeal if you leave Canada right away as immigration will feel that you have not met the RO and you are still not ready to settle in Canada and as such, you do not really need to keep your PR.

The safest thing if you want to keep your PR would be if you get in without getting reported to stay until you meet the RO again and only then apply to renew.

 

[SUZROA]

Hello Leon and other experts,
Is there a method of checking PR status without asking at the border please?

I have requested GCMS file, which I hope dates back to 1977, which was my Landing year.

I do not meet RO, and tried to gain PR through FSW program and was not accepted ( reason still unknown until application arrives back in the mail), as I presumed I had my PR revoked when I did not return as a PR in 2004 after 24 months of a Returning Permanent Resident Permit.
I have visited 3 times a year on Visitor Status, without any mention of PR.
My family and I wish to be together again now that my parents have passed away, and have applied for FSW, and Family Sponsorship both unsuccessful. I am thinking of applying for Super-visa, or arriving as Visitor Status and extending visit.
I have read your comments, and am concerned that if I do have PR that I am going to jeopardize the status by approaching CIC with request. If I do have PR we are all prepared to stay for the duration before applying for PR card, which was not in effect until after I left in 2002.
Thank you for any assistance,
Regards, Suzroa

 

[Leon]

If your PR was never officially revoked, you might still have it. When you applied under FSW, they should have told you that you are already a PR and refused your application.

However, I don't know of a way to check it without contacting CIC and you are right, contacting them will jeopardize your PR if you still have it.

Hello Leon and other experts,
Is there a method of checking PR status without asking at the border please?

I have requested GCMS file, which I hope dates back to 1977, which was my Landing year.

I do not meet RO, and tried to gain PR through FSW program and was not accepted ( reason still unknown until application arrives back in the mail), as I presumed I had my PR revoked when I did not return as a PR in 2004 after 24 months of a Returning Permanent Resident Permit.
I have visited 3 times a year on Visitor Status, without any mention of PR.
My family and I wish to be together again now that my parents have passed away, and have applied for FSW, and Family Sponsorship both unsuccessful. I am thinking of applying for Super-visa, or arriving as Visitor Status and extending visit.
I have read your comments, and am concerned that if I do have PR that I am going to jeopardize the status by approaching CIC with request. If I do have PR we are all prepared to stay for the duration before applying for PR card, which was not in effect until after I left in 2002.
Thank you for any assistance,
Regards, Suzroa

 

[SUZROA]

If your PR was never officially revoked, you might still have it. When you applied under FSW, they should have told you that you are already a PR and refused your application.

However, I don't know of a way to check it without contacting CIC and you are right, contacting them will jeopardize your PR if you still have it.

Thank you Leon, I am awaiting my application return for FSW, that may hold some key information.
Suzroa