PR expiring in June 2018 to land in Jan 2017. Need expert advise please

[Rob_TO]

Hi Leon, please tell me- can we leave Canada after completing two full years there? Say in Jan 2019? Or do we have to wait till we get the PR renewed and card is received? Also advise us how to deal with any emergency during June 2018 to Jan 2019 such as any emergency for own family members in our home country when we want to travel for a short time at least..

IF you are allowed into Canada in the first place without being reported, then during the 2 years you must stay in Canada and not leave for any reason. If you leave then most likely to ever re-enter Canada you will be found in violation of the RO and starting process to revoke your PR status. It doesn't matter what your reason is for leaving. Basically if an emergency arises in home country and you leave, you will most likely lose PR status.

After 2 years living in Canada, you will be in compliance with RO so can then leave if you like. Upon returning if PR card not renewed yet, you can apply for a PR Travel Document to return.

 

[crazyaboutcanada]

In order to have spent 2 years in Canada in a 5 year period, you can't spend more than 3 years outside. If you spend less than 3 years outside, you can use the first 4 months in order to meet the RO sooner so after 20 months instead of 24.

However if you have more than 1094 days outside Canada, you can not use the first 4 months because before you are able to spend the additional 20 months, your 4 months are already disappearing out the window of the past 5 years.

Your home country embassy and passport has nothing to do with immigration Canada. I have renewed my home country passport at my home country embassy and I was never asked about my status in Canada.

Leon, Please advise: Want to make USA visitors visa from Canada when we come there in Jan 2017. Will it affect me in anyway given that we have PR validity till mid 2018?

 

[Leon]

Leon, Please advise: Want to make USA visitors visa from Canada when we come there in Jan 2017. Will it affect me in anyway given that we have PR validity till mid 2018?

Again, it all depends on how many days you have in / outside Canada. As I have said, the limit of days outside Canada in your first 5 years as a PR is 1094. You do not want to go over that. I would even recommend leaving a buffer and not go over say 1060. So if you already spent 1094 days outside Canada by the time you return in 2017, you do not have any days left in order to take a vacation in the USA. If you have less days outside, say you have 1000 days, you still have up to 94 days to play with that you could use in order to take vacations.

If you have already spent 1095 days or more outside Canada by the time you return, you would be in breach of the RO and would be risking your PR. If that is the case and you get into Canada without being reported, you should stay until you meet the RO again, even if you have to stay for 2 years straight. Do not apply to renew your PR card unless you meet the RO.

 

[crazyaboutcanada]

Again, it all depends on how many days you have in / outside Canada. As I have said, the limit of days outside Canada in your first 5 years as a PR is 1094. You do not want to go over that. I would even recommend leaving a buffer and not go over say 1060. So if you already spent 1094 days outside Canada by the time you return in 2017, you do not have any days left in order to take a vacation in the USA. If you have less days outside, say you have 1000 days, you still have up to 94 days to play with that you could use in order to take vacations.

If you have already spent 1095 days or more outside Canada by the time you return, you would be in breach of the RO and would be risking your PR. If that is the case and you get into Canada without being reported, you should stay until you meet the RO again, even if you have to stay for 2 years straight. Do not apply to renew your PR card unless you meet the RO.

Hi Leon, Thanks for your time. Just to clarify- my question is about applying for US visitor's visa from Canada on my other country's passport, when we reach Canada during Jan 2017. If I apply for visitor's visa of USA, will CIC check my RO and will there be any issue because my PR will expire in 2018 June and I will not be fulfilling the RO by then anyway..

 

[crazyaboutcanada]

Again, it all depends on how many days you have in / outside Canada. As I have said, the limit of days outside Canada in your first 5 years as a PR is 1094. You do not want to go over that. I would even recommend leaving a buffer and not go over say 1060. So if you already spent 1094 days outside Canada by the time you return in 2017, you do not have any days left in order to take a vacation in the USA. If you have less days outside, say you have 1000 days, you still have up to 94 days to play with that you could use in order to take vacations.

If you have already spent 1095 days or more outside Canada by the time you return, you would be in breach of the RO and would be risking your PR. If that is the case and you get into Canada without being reported, you should stay until you meet the RO again, even if you have to stay for 2 years straight. Do not apply to renew your PR card unless you meet the RO.

Hi Leon, Thanks for your time. Just to clarify- my question is about applying for US visitor's visa from Canada on my other country's passport, when we reach Canada during Jan 2017. If I apply for visitor's visa of USA, will CIC check my RO and will there be any issue because my PR will expire in 2018 June and I will not be fulfilling the RO by then anyway..

 

[Leon]

Hi Leon, Thanks for your time. Just to clarify- my question is about applying for US visitor's visa from Canada on my other country's passport, when we reach Canada during Jan 2017. If I apply for visitor's visa of USA, will CIC check my RO and will there be any issue because my PR will expire in 2018 June and I will not be fulfilling the RO by then anyway..

I don't think immigration would know that you applied for a US visa. However, if you are short on the RO, you really should not be leaving Canada until you meet it again. Every time you leave and return, you are risking your PR.

 

[crazyaboutcanada]

Sure Leon, Thank you very much for guiding me..