PR renewal, how easy is it? Can it be done early?

[fandv]

Hi people...

I have a friend, a Brazilian man. He has a Canadian PR (he got his PR because his ex wife (who herself was a PR) sponsored him).

He first landed in Canada in March 2008, and then stayed in Canada for 10 months. And then he went back to Brazil for 13 months, and finally he went back to Canada again for 6 months.

Finally in July 2010, he went back to Brazil for good, and has been there until now (July 2012).

According to him, his PR is due to expire in March 2013, but he doesn't want to let that happen.

My question is: can he renew his PR BEFORE March 2013? If so, what are the exact procedures that he must follow? (Note: if necessary, he can go to Canada as early as September, in case he needs to take care of some paperwork.)

Your help and insights will be appreciated

 

[CharlieD10]

He needs to return to Canada to complete his 730 days residency obligation. He can add up all the days he's spent in Canada so far, subtract that from 730 and he will know the minimum required time he must come to Canada before Mar 2013 in order to keep his residency. His PR card renewal is a simple matter.

See here: http://www.cic.gc.ca/english/information/faq/pr-card/index.asp for instructions on what forms are needed to renew his card.

 

[fandv]

He needs to return to Canada to complete his 730 days residency obligation. He can add up all the days he's spent in Canada so far, subtract that from 730 and he will know the minimum required time he must come to Canada before Mar 2013 in order to keep his residency. His PR card renewal is a simple matter.

See here: http://www.cic.gc.ca/english/information/faq/pr-card/index.asp for instructions on what forms are needed to renew his card.

Thanks a lot for your reply.

Alright, let's see if I understood you correctly.

So, he landed in Canada for the very first time, as a PR, on 11th March 2008.....add 5 years to that, it's equal to 11th March 2013.

He told me that he was in Canada for 10 months, and then for another 6 months. So the total time that he spent physically in Canada was 10 months + 6 months = 16 months. I didn't ask him the exact number of days, but for now let's assume it's 16 x 30 = 480 days.

The residency requirement says that he has to be here for 730 days (within ANY 5 year period right?), which means that he needs 730 - 480 = 250 more days being physically present in Canada, in order NOT to lose his PR status.

But wait a minute.........11th March 2013 (5 years since he first landed in Canada) MINUS 250 days, means that he needs to be back in Canada as early as 4th July 2012.

But wait a minute......it's 31st July already now, and he's still in Brazil!

Does it mean that he will inevitably lose his PR status then?

Is there anything at all that he can do, to keep his PR status?

 

[scylla]

If he wants to retain his PR status, he should return to Canada as soon as possible and then remain in Canada (without leaving) until he has met the residency obligation (i.e. living in Canada 2 out of every 5 rolling years) - then apply to renew his PR card.

 

[fandv]

If he wants to retain his PR status, he should return to Canada as soon as possible and then remain in Canada (without leaving) until he has met the residency obligation (i.e. living in Canada 2 out of every 5 rolling years) - then apply to renew his PR card.

Thanks for the reply scylla!

What did you mean by "5 rolling years"?

Is it:

2008 to 2013, and then 2013 to 2018, and 2018 to 2023, etc.....

OR

2008 to 2013, and then 2009 to 2014, and then 2010 to 2015, and then 2011 to 2016, and then 2012 to 2017, etc.....

?

 

[pk2ca123]

Thanks for the reply scylla!

What did you mean by "5 rolling years"?

Is it:

2008 to 2013, and then 2013 to 2018, and 2018 to 2023, etc.....

OR

2008 to 2013, and then 2009 to 2014, and then 2010 to 2015, and then 2011 to 2016, and then 2012 to 2017, etc.....

?

If today is 1st August 2012 then from 1st August 2007 till now.. and if you calculate tomorrow then form 2nd Aug 2007-2012.....

 

[CharlieD10]

Thanks for the reply scylla!

What did you mean by "5 rolling years"?

Is it:

2008 to 2013, and then 2013 to 2018, and 2018 to 2023, etc.....

OR

2008 to 2013, and then 2009 to 2014, and then 2010 to 2015, and then 2011 to 2016, and then 2012 to 2017, etc.....

?

Second answer is correct. It is a rolling 5 year period, so 2008-13, 2009-14, 2010-15 and so on. The Regulation says a permanent resident's compliance with the residency obligation is examined in the most recent 5 year period.

 

[OhCanadiana]

Since he has been a PR for less than 5 years the test is that the PR
"must show that you will be able to meet the minimum of 730 days physical presence in Canada at the five (5)-year mark."

The application information is available at

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Appendix A has all the details on the residency obligation for permanent residents to maintain status.

 

[Americana In T.O.]

Can CIC really know if you have not been present in Canada for the 730 days? What if you are travelling back and forth on weekends, does this actually show up in their systems? What if you were present 550 days or 600 days? Will they squawk over that?

 

[KJG]

If you leave Canada you pretty much have to use your passport to come and go and your PR card so I suspect they know exactly how long you have been gone in the 5 year span......I would think they should squawk over that....I am sorry but if you want to come to Canada then you should live here and if not, give your spot to someone who does want to live here.

 

[CharlieD10]

If you are present for 550 or 600 days out of the 730, you are short of fulfilling your obligation as a permanent resident and are subject to being reported for this breach/failure and being brought before the Immigration Appeal Division to explain why you should keep your PR status when, as generous as the obligation is (730 days in a rolling 5 year period, not necessarily consecutive), you couldn't find time to fulfill it.

 

[Steph C]

If you leave Canada you pretty much have to use your passport to come and go and your PR card so I suspect they know exactly how long you have been gone in the 5 year span......I would think they should squawk over that....I am sorry but if you want to come to Canada then you should live here and if not, give your spot to someone who does want to live here.

Agreed.. there are plenty of others willing to take his place!

 

[Americana In T.O.]

If you leave Canada you pretty much have to use your passport to come and go and your PR card so I suspect they know exactly how long you have been gone in the 5 year span......I would think they should squawk over that....I am sorry but if you want to come to Canada then you should live here and if not, give your spot to someone who does want to live here.

KJG, well it is not a question of not wanting to live in Canada. A person does not go through the trouble of paying all of the fees and the headaches of gathering all of the documentation without the intention of living in Canada. There are situations beyond a person's control that they must return to their country often (i.e. waiting for the immigration application of a spouse, an ill loved one, etc.).. So it is bit presumptuous for you to assume that the person does not want to live here. Sometimes, the immigration process is so slow that the person waiting has no choice but to travel back home. I'm sorry, but your comment comes over as being very callous and not very well thought out.

 

[fandv]

Second answer is correct. It is a rolling 5 year period, so 2008-13, 2009-14, 2010-15 and so on. The Regulation says a permanent resident's compliance with the residency obligation is examined in the most recent 5 year period.

Hi everyone...

Just curious about the "730 day in 5-rolling year" assessment: I assume it's done whenever a PR is entering Canada from another country?

In other words, whenever a PR comes to Canada from another country, the immigration officer will look at his travel history for the past 5 years, and will check whether during the past 5 years, he/she was physically in Canada for 730 days?

 

[CharlieD10]

Sometimes. Other times, the PR's card expires while he is abroad or for some other reason (loss, theft) he may apply for a Returning Resident Travel Permit. An assessment will be done during the processing of that permit application.