PR Renewal Questions

[import26]

Hi,

I have a few questions regarding renewing my PR:

1. I originally got my PR because I was truthfully dating a Canadian Citizen back then. I am now with a different person as we have separated, does this have any impact on my renewal?
2. I am behind on my taxes, will this have an impact on my renewal?
3. I have completed my days living in Canada as a PR, does it matter when I apply for the card? It expires in over a year, is there such thing as too soon?
4. If I apply for citizenship and my PR expires before the Citizenship process is over, what happens?

Thanks for all your help!

 

[Leon]

1. You don't get PR for dating, you would have had to be married or living together for a year but in any case, separating does not affect your PR status.

2. No.

3. If you apply a year earlier, you might have to explain to them why you want a new PR card a year earlier or they will hold it until your expiry date. I applied for mine a few months earlier and they timed the release of it right at the expiry of my old one.

4. Nothing.

 

[import26]

Thanks for your answers, does that mean that I need to wait until it expires to apply for renewal? What is the processing time? I would think it would take them a few months to do so, but maybe I'm just remembering it took so long to getit the first time around.

And you are right about my wording - I wasn't "dating", we were common law, but no longer together.

 

[Leon]

Right now, it's a 128 days, see http://www.cic.gc.ca/english/information/times/perm-card.asp
That is 4 months +
You could apply 6 months earlier and you should have it before the current one expires or at the same time if they hold it until that date.

 

[import26]

For new applications it's 43 days?! What!? I seemed to have waited an eternity for that, what happened there?

I have one more question for you if you don't mind, when you say they "held it" until the expiry date, did you know it was approved but you just couldn't pick up the actual card? or did they hold the information on the outcome of your application until the appropriate time?

 

[Leon]

I can't remember the exact details on the dates any more as this was a couple of years ago but I had applied with plenty of time to spare according to the processing times as they were then. I got my letter to pick up the card, maybe a month before they wanted me to pick it up and they had timed the pick-up date very close to my PR card expiry date. I think it is too much of a coincidence for them not to have planned it that way.

 

[turboracer]

To Leon,

Hello,

I got my PR card on August 2007 and it will expire on September 2012 in this last 5 years I have stayed in Canada for 8 months but I am now out of Canada so I need to stay more 16 months in Canada so I am planning to travel on August 1 2011 and stay till September 2012 without getting out from Canada but I will be meeting only 660 days even if i stay till September 2012

So ,

If I stay after September 2012 when my PR card is expired and stay more ( 730-660 = 70 ) and stay more 70 days to fullfill the 730 after september 2012 and then when I apply for PR renewal will CIC question about why I stayed more 70 days after my PR expired and applied for it and like wont they count it and deny me ,

I am really frustrated of now what to do as of even if I go to canada now I will to stay at a time till september 2012 as I was doing my degree out of canada since i could not get my university credits accepted in canada so now i completed degree but am 70 days short

So,

What shall I do I definately want to live in canada and work there but about the PR Card renewal , can you give me advice what to do for the renewal ?

Hope to get your reply soon

Can you please give me advice what to do

 

[Leon]

There is no law saying that you must renew your PR card before it expires. Even if they ask you why you didn't renew it right away, you can say you forgot it was expiring.

Immigration own rules forbid them from going further back in time than 5 years. If you get into Canada without a problem, you can stay until you have 730 days and you will be fine. They can not say that you lost your PR earlier, they can only look at the previous 5 years. Just keep in mind that the more days you stay in Canada, time in Canada right after you got your PR will go outside the 5 year window and will not be counted any more.

 

[turboracer]

PR Renewal Questions

To Leon,

The thing is I will not be able to fulfill the 730 day obligation even if I stay till September 2012 I will be only able to fulfill 670 days in my hand my PR card will be expired and I will be 70 days short

So,

Mate how will I be able to fulfill the 730 day obligation for the pr card renewal as I will be 70 days short so what shall i do ?

and secondly if i stay 70 days more after the pr card expires like for example in 2013 will cic deny my pr renewal application like will i stay more after my pr card expires to fulfill the 730 day obligation cause in the 5 year time limit which was given to me i did not stay 730 day in that period so i am short of it

so if i stay after the pr card expires and make the 670 days to 730 days after the pr card expires will that be okay ? i am really confused and scared that if cic asks me that did i stay 730 days from (2007 to 2012) and my answer will be no so if it is no that means they will cancel it ryt ?

and if i say them after 2012 if i stayed more to fulfill the 730 days obligation will that be wise ?

hope to get your reply soon

 

[Leon]

They can only look at the 5 years before you apply. If you apply to renew in October 2012 and they receive your application on October 15th 2012, they can only look at the 5 year period between October 15th 2007 and October 15th 2012. They can not go further back in time. If you have 730 days between those two dates, you are ok.

If your 8 months you already spent in Canada were just after you landed though and then you were outside Canada for more than 1095 days, you will not be able to meet the residency requirements just by staying a few days longer because they will only look at a 5 year window and while some of those more-than-1095 days outside Canada are in the window of the last 5 years, you can not meet the residency requirements. You would then have to wait until some of the time outside Canada moves outside the 5 year window too and that would mean you would have to stay for 730 days straight before you can apply to renew.

If you want to, you can tell me the actual dates you were in Canada and I will try to figure it out for you.

 

[turboracer]

just give me 20 mins i am giving the dates

 

[turboracer]

The actual dates I was in Canada are as follows :

( 13 August 2007 to 17 September 2007 )

( 26 September 2007 to 12 October 2007 )

( 3 January 2008 to 28 February 2008 )

( 4 September 2009 to 6 December 2009 )

( 31 August 2010 to 16 September 2010 )

( 10 December 2010 to 20 January 2011 )

( 12 May 2011 to 14 May 2011 )

So mate can you please figure out for me and currently now I am out of canada and my pr card expires in 2012 september so if I go for as like next week to canada and stay till september 2012 i will still be short of 730 days obligations what shall I do I am really worried

Hope to get your reply soon

 

[Leon]

Ok, if you come back on August 1st 2011 like you said, you continue to stay to gain more time but you are also eating up the days you stayed in Canada earlier because they are passing by the 5 year window.

It looks to me that the earliest you can apply is on December 29th 2012. On that day, you can not count your first two trips to Canada any more because they have already passed by the 5 year window but the time from December 29th 2007 to December 29th 2012 counts like this:

03.01.08 - 28.02.08 = 57 days
04.09.09 - 06.12.09 = 94 days
31.08.10 - 16.09.10 = 17 days
10.12.10 - 20.01.11 = 42 days
12.05.11 - 14.05.11 = 3 days
01.08.11 - 29.12.12 = 517 days

Total 730 days

In this calculation, both your travel dates are always counted, for example the trip from May 12 to 14 counts as 3 days because according to immigration regulations, any part of a day spent in Canada counts as a full day.

If you wait until January 3rd to apply, you would have 735 days but then your stay since 2008 starts disappearing out the 5 year window so you would not gain any more than the 735 until starting March 2013.

 

[turboracer]

Hello,

Thanks a lot brother thanks a lot for your advice now brother that means cic will never ask like that I didnt fulfill the 730 day obligation in the 5 years which was in the pr card right brother ? it will be just on the day i apply for the renewal of the pr card like for example after if i apply after 1 year of my pr card expiry right and they will take in account that it will be in the 5 years cycle

Now I wanted to know is it guarenteed like is it written anywhere in their brochure or laws like any 5 cycle they will look for the 730 day obligation like how will i be sure they wont challenge me later on and say your pr card was expired and the days you stayed after the pr card wont be counted then what will i do is it written anywhere that they wont ask ??

Hope to get your reply soon

 

[Alabaman]

If you read http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf page 7, you will see this:

Quote
For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant's past, but must always assess the most recent five-year period preceding the receipt of the application.
End Quote

but of course nothing in life is guaranteed if you know what I mean... however you have a basis to challenge in a court of law.