PR card residency issue

[Zoyla]

Hi,
I am currently a PR card holder.My card will expire in May.By May my total days present in Canada will be 680 days and i do require 60 more days to fullfil the residency obligation.Now i have some queries :
1.As i got married last year so spend some extra time back home ,should i mention that reason in my Pr Card renewal application inorder to justify my short stay and would they accept this a genuine reason?
2-I am also in a process of sponsoring my spouse from backhome,if i face any hard time during my pr card renewal application,would that effect my sponsorship for my spouse?

I need my PR card as i want to travel back home in Dec.2013.

I hope i will get help through this forum to make a right decision.

Thanks
Zoyla

 

[zardoz]

OK, first, you should stray in Canada until you have completed the required number of days. Do not leave the country until you have renewed.
Secondly, as a PR, you obviously must be residing inside Canada to sponsor your spouse at all, so it shouldn't be a problem.
Assuming that you can gain the required number of days before you actually need to renew your card, you should be OK.

 

[canadianwoman]

1.As i got married last year so spend some extra time back home ,should i mention that reason in my Pr Card renewal application inorder to justify my short stay and would they accept this a genuine reason?

I doubt they will accept this reason.

2-I am also in a process of sponsoring my spouse from backhome,if i face any hard time during my pr card renewal application,would that effect my sponsorship for my spouse?

Definitely. If CIC decides you have not met the residency requirements, they can withdraw your PR status, in which case you will have to go home and won't be able to sponsor your spouse.

Agree with zardoz's advice here: stay in Canada until you have the required number of days. Don't leave. Once you have the required number of days in the last 5 years, then apply for a renewed card.

 

[CharlizeRai]

From what I've understood, Zoyla is in Canada, and if she stays in Canada continued through until May, she will reach her 680 days until the expiry of her PR. She will still need another 60 days in the country, and she doesn't have anytime to make them up.

Out of curiosity, if I have understood correct, then she is short and will be unable to renew her PR regardless? Or is the government more willing to flex the amount of needed days for PR renewal?

 

[zardoz]

The way I understand it, is that PR is not automatically revoked, so as long as you don't cross a border, you can attempt to get back to 730 days in the previous rolling 5 year period. If however you invoke any immigration function, they can report you for possible revocation. Of course it's possible to make matters no better if all your existing days are at the beginning of the 5 year period as the new days simply replace those that are dropping off the end. It would then take 2 full years to catch up.

 

[Zoyla]

Thanks friends for the advise.
One more question if I apply for a visit visa
For my spouse ,would that effect the sponsorship
Process ?
Zoyla

 

[CharlizeRai]

The way I understand it, is that PR is not automatically revoked, so as long as you don't cross a border, you can attempt to get back to 730 days in the previous rolling 5 year period. If however you invoke any immigration function, they can report you for possible revocation. Of course it's possible to make matters no better if all your existing days are at the beginning of the 5 year period as the new days simply replace those that are dropping off the end. It would then take 2 full years to catch up.

Thanks for the clarification.

 

[truesmile]

I doubt they will accept this reason.Definitely. If CIC decides you have not met the residency requirements, they can withdraw your PR status, in which case you will have to go home and won't be able to sponsor your spouse.

Agree with zardoz's advice here: stay in Canada until you have the required number of days. Don't leave. Once you have the required number of days in the last 5 years, then apply for a renewed card.

Agreed. It's black and white... you either "meet" the # of days requirement OR, you do NOT. This part of it is not flexible. But 'zardoz' is correct, keep track your # of days for the last "rolling" 5 years, and apply to renew your PR card once you exceed the required # of days. It's a good point though, the days you are counting when you first landed will be coming off as your new days are being added on, so be very careful of your calculation, reapplying early could end up costing you your current status.

 

[Zoyla]

Hi,
Yes , I have also found this tricky as I am intending to go over
My 730 days to be present in Canada by applying in August so I can cover my
60 days but still my absent will be more than 1095.Although by applying for renewal of
MyPR card in July,my present days will be more than 730.
Hope this make sense as I stayed about 11 months in the begining
Of 5yrs rolling and then I came back the 4th and 5th year.
Zoyla

 

[canadianwoman]

Note that what counts is how many days you stayed in the last 5 years, going back from today. So if it is now more than 5 years since you first landed, those first days in Canada can no longer be counted.

 

[truesmile]

The previous post is very well and simply put.

But I love a little math challenge, so let's see how this goes for you. You said you stayed 11 months at the beginning, let's say that's exactly 330 days. You also said you would have 680 by May. That means that you have 350 days most recently (give or take how much I am off on the original 330). SOOOO, that means you have to stay 380 days past 'May' to get to the 730 threshold (330+380=730) with-in the "PAST" five years, measured from unsaid date in May. Correct us with more specifics if you wish, but it seems to me you will want to wait until June of 2014 to renew your PR card.

Understand what we're getting at?