PR Card Renewal

[prashant19p]

Hi,

I came to Canada With my parents as Permanent Resident in July-2007 and then moved to USA for my further study in January-2008 after that i am living in US and now I am done with my study and want to go back to Canada, however the situation is my PR is expiring in Aug-2012 and if i moved now i will not meet the eligibility of 730 days. so what are the options do i have?

1.) if i moved back to Canada by the end of the month and stay there in Canada when can i apply for my PR card renewal?

2.) what are the possibilities of Rejection for renewal ?

 

[Leon]

1.) If you manage to enter Canada without raising any suspicions with immigration, you can renew your PR card after you have stayed in Canada for 730 days. That means you would have to let your PR card expire but that is ok.

2.) If you apply after 730 days in Canada that you can prove, they have to renew. If you apply with less days, they will ask if there is a good reason you didn't have 730 days. Studying is usually not a good excuse because it was by your choice that you decided to study in the US.

 

[prashant19p]

But .. As i know that i Have to stay in Canada for 730 Days in any 5 years of Period.. is that true???

 

[prashant19p]

can you please Explain how this 730 Days counted ?

 

[Leon]

But .. As i know that i Have to stay in Canada for 730 Days in any 5 years of Period.. is that true???

Yes but immigration isn't psychic and they don't have a GPS tracker on your person so they do not always know at the time that you have been away too long. If you manage to stay under the radar and get back into Canada without them realizing you have already lost your PR, you could stay 730 days and then apply to renew. According to immigration rules, they only check the last 5 years at the time you apply to renew. If you meet the requirements in those 5 years, you are ok.

can you please Explain how this 730 Days counted ?

Lets say you come back to Canada on July 31st 2011. You then stay for 2 years (730 days) and then apply to renew your PR card on July 31st 2013. They will then look at the period of the last five years, from July 31st 2008 until July 31st 2013. If you have 730 days in that period which you do, July 31st 2011 until July 31st 2013 is 730 days, you are ok. The way they count the days is that any part of a day spent in Canada is a day spent in Canada so July 31st 2011 if that is when you arrive will count as a day spent in Canada.

July 31st 2011 - 1 day
August 2011 - 31 days
September 2011 - 30 days
October 2011 - 31 days
November 2011 - 30 days
December 2011 - 31 days
Total in 2011 = 154 days

2012 is a leap year so you have 366 days there.

January 2013 - 31 days
February 2013 - 28 days
March 2013 - 31 days
April 2013 - 30 days
May 2013 - 31 days
June 2013 - 30 days
July 2013 - 31 days
Total in 2013 before you apply = 212 days

Total from July 31st 2011 to July 31st 2013 = 154+366+212 = 732 days

 

[prashant19p]

thanks Leon,

sorry to bother you more ... but i have some more questions in mind .

1.) once i moved to to Canada by the end of this month and and my cad will expire in aug-2012. so after that can i legally stay in canada without renewing my PR CARD.

2.) if i can legally stay in canada then can i legally work ???

3.) once i enter in canada i cannot leave the country untill i finished my 730 days in canada .. is that right ??
4.) between lazt 3 years when i enter into Canada from US i used my PR card and at the time going back to US I show my password . so how both the country track the record of how many days i stayed in each cointry ???

 

[Leon]

1.) Yes

2.) Yes

3.) If you leave and re-enter, you take the risk that you will be caught when you enter.

4.) Canada and US immigration work together, each has half of the picture, put together it becomes whole but I do not think they have instant access to each others information but can ask for it. Therefore, they might not know when you try to enter Canada how long you were in the US but if they suspect something and start to investigate you, they might have all that info available.

 

[prashant19p]

thanks once again ...

now when i was planning to go back to Canada i tought that i will go to immigration services and show themmy situation that till the time my PR will expire i wont be able to meet 730 days period and what can i do for that ?? as i was out of county because of my study purpose ....

what do you suggest me in this case ???

should i have to go to them once i entered in Canada ??? if yes ... how will it help in my situation ..

and if no .... why ???

 

[Leon]

thanks once again ...

now when i was planning to go back to Canada i tought that i will go to immigration services and show themmy situation that till the time my PR will expire i wont be able to meet 730 days period and what can i do for that ?? as i was out of county because of my study purpose ....

what do you suggest me in this case ???

should i have to go to them once i entered in Canada ??? if yes ... how will it help in my situation ..

and if no .... why ???

If you get in without questions, then you can just stay for 2 years and your status is good again. Simple.

So why would you want to tell them when you enter that you don't meet the residency requirements? You are basically inviting them to revoke your PR if you do.

 

[prashant19p]

thanks Leon,

i am still confusing a little .... what is the main purpose to holding a valid PR card while staying in Canada.

as you already said that ... with expire PR card i can legally stay in Canada nad legally work too.
...

and as you said i wont tell them that i dont them that my PR card is expiring. is there any way that they found out i am staying in CANADA without holding a valid PR card???
if so ... what would be the outcome ??

 

[Leon]

The PR card is only necessary for travel and sometimes to prove your status. If somebody steals your PR card or you lose it, you are still PR. If you are in Canada it is not a problem if you don't have a PR card as long as you are not travelling. There is no law in Canada that says that a PR must always have a valid PR card.