PR Card - Renewal - HELP & Advice Needed..

[Spidey]

Hello everyone..

I stumbled on this great website & resource for many people seeking help and advice. Thanks for all your inputs and advice. Appreciate it greatly.

I am PR card holder in Canada, immigrated in 2009. Since then I have moved in & out of Canada due to my job back in my country & not finding anything appropriate/similar job in Canada.

I had a child born in Canada in 2012 during one of my to & fro visits to Canada. I stayed for 6 months then and again went back to my country due to my employment.

I have accumulated almost about 600 days (out of the 730 days required for PR Renewal) in Canada in the past 5 years of PR in Canada. My PR card will be up for renewal in 2014 & I am planning to return to Canada(1-2months) before it expires for renewing it.

My question is:

1. Can I apply for PR card renewal 6 months before my PR expiry date or have to do it only a month or two before?

2. Since my son is a born Canadian and also dependant, I travelled back to my home country accompanying him due to my employment. Can this period (Away/Outside from Canada) be considered in the PR Card residency requirement for my PR Card renewal?

If No, please explain, why? And if Yes, please let me know if I have to indicate this in written form when applying for PR Card renewal in 2014.

Appreciate all your response(s) in detail.
Thank you

 

[scylla]

1. Yes - you can apply six months in advance.
2. No - you can't count the time spent outside of Canada towards your residency requirement because your son is Canadian and also a dependent. If your spouse was a Canadian citizen then you could count the time spent outside of Canada towards your residency requirement if accompanied by your spouse. This rule only applies if you have a Canadian citizen spouse. Having a Canadian citizen child counts for nothing.

Don't apply to renew your PR card with only 600 days in residency. Wait until you have 730 and meet the requirement.

 

[Spidey]

Thanks for answering my questions. Appreciate it. I had the same intuition but wanted to confirm. Anyone else think/know the same or have a different opinion?

Also, since my stay in Canada was in parts & hence I had some part-time to no income in the months that I stayed here. No child schooling info. too. I did file for tax returns every year but the child support that I was getting from Govt. was also returned back.. Not sure why they asked back but I did payed back all of it. Does this mean... Rev. CAN knows that I am out of Canada and hence asking back the child support..??

And my financial transactions were also very few in those months but I do get monthly or quarterly bank statements.

What documents can I show/submit as supporting documents when filing for my PR card renewal..?
OR
Should I go/state for any of H&C grounds?

Appreciate all the responses.
Thanks

1. Yes - you can apply six months in advance.
2. No - you can't count the time spent outside of Canada towards your residency requirement because your son is Canadian and also a dependent. If your spouse was a Canadian citizen then you could count the time spent outside of Canada towards your residency requirement if accompanied by your spouse. This rule only applies if you have a Canadian citizen spouse. Having a Canadian citizen child counts for nothing.

Don't apply to renew your PR card with only 600 days in residency. Wait until you have 730 and meet the requirement.

 

[Leon]

I agree with scylla, you should try your best to make sure you have 730 days in Canada in your first 5 years as a PR and if you don't but you get in without being reported anyway, you should wait until you have 730 days in Canada in the previous 5 years.

Days spent outside Canada with a Canadian child can not be counted towards the residency requirements. It was not your child who moved outside Canada and took you with him. It was you who chose to live outside Canada, taking your child.

By child support, I suppose you mean Canada child tax benefit. You are not entitled to these payments unless you are residing in Canada with your child. CRA has made you pay it back because you are not residing in Canada.

 

[Msafiri]

Spidey,

In addition to Scylla's and Leon's comments which I second note that:

1. PR renewal form and guide will tell you the required documents - go the CIC site and download the current versions to see what they require. They will be changed in 2014 - e.g. I'm expecting a biometric (fingerprinting) regime sooner rather than later for PR Card renewal.

2. You should not apply with H&C reasons to cover your days shortfall. Your absences are a lifestyle choice and won't fly with the judge. Sit tight till you get 730 days.

3. If getting the 730 days means you move into a different 5 year period (rolling obligation) then you may find that you have a significant number of days to make up as your initial days fall out of the initial 5 year period. Someone on this forum found they had to spend 2 years in Canada to make up a shortfall of 30 days for a citizenship application due to their absences being in the first year of the qualifying period.

 

[Spidey]

Well... Taking the CTB without residing in Canada was not my plan or intention & hence payed it back FULL. But I am not sure if that was the reason why CRA asked back the money..? Could it be any other reason..? Does anyone else had such experience? I will call & find out when I return back to CAN in a month.

And yes, I still have time to make-up the 730 days in the past 5 years but I was only inquiring for H&C ground as I am very close to the requirement of 730 days and if at all I fall short of a couple of days of the 730 days requirement...?

One of my friend(s) who has only 300 or less days in Canada is planning on using the H&C grounds to make an appeal for the PR card renewal through a lawyer and advised me the same if I fall short of days and hence I put forward the question in this forum. Its not that I don't have a H&C ground to make an appeal and also I am not trying to make-up a false reason but I just wanted to know if I have an option of using it only if needed..??

Lastly, I tried searching CIC website but could not find the "Supporting Documents" for PR Card renewal.
Appreciate if anyone can put a direct link for the supporting documents required when filing for a PR Card renewal.

Thanks in advance..

 

[Msafiri]

1. CRA usually leave you alone after you give the money back - they could chase you up for fraud but its small potatoes compared to the legal costs although they could hit you with these if they wanted to and judge probably will grant it. CRA have their means of finding out you are not resident...I understand one method involves checking clinic visits for infant shots/vaccinations...unless you don't care about your kid you normally show up for this...not showing up means you/your kids are probably not in Canada.

2. H&C reasons are person specific but there is case law...they must be compelling e.g. you had multliple fractures and were hospitalized for 3 months. If you find they are valid enough sure go ahead and apply with them but you need to back this up with documentary evidence. Its better to get 730 days though that way any burden of proof issues about your application shift to CIC.

3. http://www.cic.gc.ca/english/information/pr-card/index.asp

 

[Spidey]

Ok.. I have calculated my days in and out of Canada and it looks like I am just right there (1071 days out) at the requirement of not exceeding 1095 days out of Canada in the past 5 years & hence should be applicable to apply & renew the PR Card. And I still do have about 6 months for the current PR card to expire. But since I can apply for renewal upto 6 months before the card expires and the current processing time for PR card is above 3 months.. ~ 4 months.. I would like to go ahead and apply for the PR renewal procedure.

Any advice & or suggestions are greatly appreciated....

Also, do I need any guarantors in/on my PR Card renewal application..?

Also, I want to know... If the children under 18 have to apply seperately or can be just included in the parents application form? And what is the appropriate fees for children?

Appreciate all responses.. Thanks in advance..

 

[Hasher]

Are you from Visa exempt country?

Just remember,

CIC can flag your application for many reasons you already have, your application may go for process for three years - not 3 to 4 months. You don't have a constant job, no school going childeren and frequent in/ out from Canada are enough for them to flag your application. Showing that you were in Canada for 600 days and didn't work at all would be another point of concern to them, did you mention about your out of Canada job in Tax documents?

I suggest be relaxed and plan yourself very good before going for renewal, any attempt to renew PR Card in prevailing situation would likely land you in hot water, choice is yours. You need to make clear choice between Canada and your job. However, if you are lucky you would still get through.

For CRA - if you paid back your CTB then nothing to worried about, becoz they will not inform you or CIC their source of information, but I suggest do not unnecssary call them otherwise they could come back with some more claims /charges on you, as Leon/ Msafiri said it is not legal to claim child benefit while your child is not in Canada. Your ignorance to law doesn't means you didn't comit any offense.