PR Card will expire on sept 2015 and i dont meet residency obligation...Urgent !

[amskmt]

Hi Everyone who can help me out... please !!!

My wife, son and myself landed on July 29th, 2010. My wife and son met the residency obligation. My wife took the citizenship test last month june 20th, 2015 and past the test. Now she is waiting from the immigration a letter for the date of ceremony oath. However, I dont meet the residency obligation because I have been in and out of the country. From 2010 to 2015 I have only 1 year and 2 months accumulated and my PR card will be expire on sept 26,2015. I just returned to Canada june 25, 2015 and the immigration custom from the airport asked me if I met the residency obligation and I said no. But he was so kind to suggest me to renew the pr card before expiration. Please need your advices, what should I do? If I go and renew the pr card, it will be very obvious that i dont meet the residency obligation and i have no ground reason as to be forgiven. But what happen if I leave the pr card expired and just remain in canada for 2 years, would it be illegal and i will get in big trouble ?How certainty I can maintain my status by doing this way ? THank you for your soon reply ....veery urgent !

 

[zardoz]

Hi Everyone who can help me out... please !!!

My wife, son and myself landed on July 29th, 2010. My wife and son met the residency obligation. My wife took the citizenship test last month june 20th, 2015 and past the test. Now she is waiting from the immigration a letter for the date of ceremony oath. However, I dont meet the residency obligation because I have been in and out of the country. From 2010 to 2015 I have only 1 year and 2 months accumulated and my PR card will be expire on sept 26,2015. I just returned to Canada june 25, 2015 and the immigration custom from the airport asked me if I met the residency obligation and I said no. But he was so kind to suggest me to renew the pr card before expiration. Please need your advices, what should I do? If I go and renew the pr card, it will be very obvious that i dont meet the residency obligation and i have no ground reason as to be forgiven. But what happen if I leave the pr card expired and just remain in canada for 2 years, would it be illegal and i will get in big trouble ?How certainty I can maintain my status by doing this way ? THank you for your soon reply ....veery urgent !

You do NOT require an unexpired PR card to legally reside in Canada. In fact, you don't NEED a PR card at all. You should stay in Canada until you meet the residency obligation requirements again and only then apply for renewal.

 

[dpenabill]

Hi Everyone who can help me out... please !!!

My wife, son and myself landed on July 29th, 2010. My wife and son met the residency obligation. My wife took the citizenship test last month june 20th, 2015 and past the test. Now she is waiting from the immigration a letter for the date of ceremony oath. However, I dont meet the residency obligation because I have been in and out of the country. From 2010 to 2015 I have only 1 year and 2 months accumulated and my PR card will be expire on sept 26,2015. I just returned to Canada june 25, 2015 and the immigration custom from the airport asked me if I met the residency obligation and I said no. But he was so kind to suggest me to renew the pr card before expiration. Please need your advices, what should I do? If I go and renew the pr card, it will be very obvious that i dont meet the residency obligation and i have no ground reason as to be forgiven. But what happen if I leave the pr card expired and just remain in canada for 2 years, would it be illegal and i will get in big trouble ?How certainty I can maintain my status by doing this way ? THank you for your soon reply ....veery urgent !

Concur in observation by zardoz.


Longer, more in-depth answer:

So long as the border officers did not make a referral to the local office to initiate an investigation, your PR status is intact and not at risk . . . unless

-- you travel outside Canada and then you will be at risk again when you attempt to enter Canada, or if you need a PR TD to return to Canada, or

-- you make any kind of application to CIC (including an application to renew the PR card in particular) before you are in compliance

A PR does not need a currently valid PR card except for travel, or if you need to prove status for some benefit like health care coverage. Make sure you get a Canadian drivers license, apply for health care coverage, and so on, before the PR card expires (some provinces may accept the expired PR card, but there are reports some do not).

As a PR of course you can stay and work and live in Canada. Nothing illegal about that. Again, a PR does not need to have a valid PR card in possession.

Stay until you have 730 plus days within the preceding five years, and be sure you will continue to have 730+ going forward before you apply for the new PR card (remembering that days in Canada more than five years ago will no longer count . . . so if you are counting days back to the first year after landing, be cognizant that those days will fall out of the calculation when they are five years past).

Just because the officer at the border did not then and there issue a report does not mean there was no referral to a local CIC office. So be sure to collect and look at your mail in the next several months. It is very likely (although not for certain) that the officer did enter a note in your FOSS records . . . so CIC will be aware of this last entry and the questions about compliance with the residency obligation. So it is important not to do anything more which would trigger a residency review until you are in compliance with the PR Residency Obligation.

Sounds like time to finally settle down and make a life for yourself in Canada. Good luck.

 

[amskmt]

Thank you so much for your responses which have help me feel much relieve; however, I still have doubts and it will appreciate if you can clarify.

As you state: " Stay until you have 730 plus days within the preceding five years, and be sure you will continue to have 730+ going forward before you apply for the new PR card (remembering that days in Canada more than five years ago will no longer count . . . so if you are counting days back to the first year after landing, be cognizant that those days will fall out of the calculation when they are five years past)"

What happens after he has 730+ and then renew his PR Card, my husband will need to returned the expired PR Card where on the reverse of the card has the date he landed or perhaps the immigration has all his records of entries and exit Canada from July 2012 til July 2017. He will also need to fill a renewal application form where he will be asking so many questions such as: if he landed on 2010, where has he been between 2010 until 2012 ? How come he has waited so long and left expired 2 years in order to renew his PR Card ? How could you respond? and if you lie on the application, it will be an illegal act of dishonesty or so. Would it be worst scenario?

Or the officer is not allow to check the date he landed which is July 29 2010 until July 2012 ? Or their system will automatically erase these dates so that they cannot look back ?. What is going to happen if the officer,by any chance, found out that he didnt comply with the residence requirement ? Will he be deported and cannot return to Canada forever because he has done something illegal by leaving his PR Card expired and so living in Canada without legal status ?

Hope the questions are not confusing. Really appreciate your valuable advices

THank you

 

[scylla]

The fact his PR card is expired doesn't mean he will be living in Canada illegally. He will still be a PR after his PR card has expired and his status in Canada will still be legal.

As others have explained, he needs to wait until he has at least 730 days of residency in the past five years before he applies to renew his PR card. Provided he meets the residency requirement, he should have no issues renewing his PR card.

No - he should not lie on any application. No one here is telling you to do that. He must answer all questions about his immigration history in Canada truthfully. Again, as long as he has 730 or more days of residency when he applies, his PR card will be renewed.

 

[PatrickJane]

My apologies that I'm writing here, but in some reason I can't create a topic, because I just registered and there is no button to create a topic.
If you could also tell me when I could create a topic it would be great

I hope I willl not create any problems to you. I spent some time trying to find some address to send a letter, but there are no emails that could answer such a specific question. Even email to embassies didn't answer this questions. So I am asking for your help and your experience. Here are these questions:


Good afternoon,

I have a card of Permanent Resident, which is valid until October 1, 2015. In August 2010 I have visited Canada last time. A year earlier in 2009 before receiving card of Permanent Resident I have joined the University and decided to complete education. In February 2015, I have graduated from the Ukrainian University and received a Master's degree.

In Canada I have not lived the required period of time. Is my education sufficient argument for the extension of the status of Permanent Resident?
And one more question. Is there any chance after applying for a job to renew PR status?

Thank you for your consideration and your answer

 

[scylla]

I have a card of Permanent Resident, which is valid until October 1, 2015. In August 2010 I have visited Canada last time. A year earlier in 2009 before receiving card of Permanent Resident I have joined the University and decided to complete education. In February 2015, I have graduated from the Ukrainian University and received a Master's degree.

In Canada I have not lived the required period of time. Is my education sufficient argument for the extension of the status of Permanent Resident?
And one more question. Is there any chance after applying for a job to renew PR status?

No - your education is not an argument that you can use to extend your PR status. You made a personal choice to study outside of Canada. This is therefore not accepted as a reason for failing to meet the residency requirement. In order to keep your PR status, you need to return to Canada before your PR card expires - and then remain in Canada without leaving until you meet the 730 day residency requirement. Since you have not been in Canada since 2010, this mean you will have to live in Canada at least two years straight before you will be able to renew your PR card. There is a chance you may be reported for failing to meet the residency requirement when you enter Canada. If this happens, you will be called to a hearing to argue why you should be allowed to keep your PR status and should expect to lose your PR status (and be told to leave Canada). If you are not reported at the border, then as mentioned earlier, you will need to remain in Canada for 2 years straight to be able to renew your PR card.

 

[PatrickJane]

No - your education is not an argument that you can use to extend your PR status. You made a personal choice to study outside of Canada. This is therefore not accepted as a reason for failing to meet the residency requirement. In order to keep your PR status, you need to return to Canada before your PR card expires - and then remain in Canada without leaving until you meet the 730 day residency requirement. Since you have not been in Canada since 2010, this mean you will have to live in Canada at least two years straight before you will be able to renew your PR card. There is a chance you may be reported for failing to meet the residency requirement when you enter Canada. If this happens, you will be called to a hearing to argue why you should be allowed to keep your PR status and should expect to lose your PR status (and be told to leave Canada). If you are not reported at the border, then as mentioned earlier, you will need to remain in Canada for 2 years straight to be able to renew your PR card.

Thank you for your answer. I have a few more questions to you. For example I am arriving to Canada in August and cards term ends in late September, does it mean that I'm getting to be illegal, and I may be deported, or I may be allowed to stay in the country and work by the rights of permanent residents or without this card? Can I located in the country and in what status? Should I stay 730 days without a new card and in what status I will be? Does this 730 days is included in the period for obtaining citizenship? When I received the status of a permanent resident I was a kid and I could not afford to stay there and study because I did not have any place to live and any money. Now I want to work and confirm my education at the University of Toronto

Thank you for your consideration and your answer

 

[scylla]

Thank you for your answer. I have a few more questions to you. For example I am arriving to Canada in August and cards term ends in late September, does it mean that I'm getting to be illegal, and I may be deported, or I may be allowed to stay in the country and work by the rights of permanent residents or without this card? Can I located in the country and in what status? Should I stay 730 days without a new card and in what status I will be? Does this 730 days is included in the period for obtaining citizenship? When I received the status of a permanent resident I was a kid and I could not afford to stay there and study because I did not have any place to live and any money. Now I want to work and confirm my education at the University of Toronto

No - you won't be illegal after your PR card expires. You can continue living legally in Canada until you meet the PR residency requirement and apply for a new PR card. Yes - the 730 days can be included towards your residency requirement for obtaining citizenship. Note that the residency requirement for citizenship has recently changed and you must now live in Canada for 4 out of 6 years before you can qualify to apply for citizenship.

You may have received the PR card originally as a kid. However your decisions to complete your bachelor and master's degrees outside of Canada were made as an adult. CIC won't care that you had nowhere to live in Canada and/or lacked money. It was your decision to complete your post secondary education outside of Canada. CIC won't accept this as an excuse for failing to meet the residency requirement.