PR residency obligation

[shibu]

HI

One of my known person spent two years (730 days) from the date of landing.After that he moved to his home country and has been living there since last 3 and half years without renewing his PR card.Is his PR valid?If not what has he to do to complete all the formalities?Can he apply for renewal of his PR from his home country as he has completed the obligation of completing two years of residency(out of 5 years) in Canada?
Thanks

 

[scylla]

To meet the PR residency requirement a person must live in Canada for 2 out of every 5 rolling years. Since your friend has been outside of Canada for 3.5 years, your friend is in violation of the PR residency requirement.

It's not possible to renew the PR card from outside of Canada. And even if your friend tried, the renewal would very likely be refused due to the failure to meet the residency obligation.

If your friend wishes to retain PR status, he/she should return to Canada as soon as possible and then live there for 2 years straight (without leaving) to meet the residency obligation. Once the residency obligation is met, your friend can renew their PR status.

Whether his PR card is valid or not depends on the expiry date on the card.

 

[Leon]

One of my known person spent two years (730 days) from the date of landing.After that he moved to his home country and has been living there since last 3 and half years without renewing his PR card.Is his PR valid?If not what has he to do to complete all the formalities?Can he apply for renewal of his PR from his home country as he has completed the obligation of completing two years of residency(out of 5 years) in Canada?

He hasn't completed it because it is not enough to complete it once. It has to be completed for the first 5 years as a PR which he did but after that, he must always have 730 days in Canada in the past 5 years.

As scylla says, you can not renew PR card from outside Canada and even if he could, odds are that he would be refused as he does not meet the RO (residency obligation).

1. If his PR card is still valid, he can come to Canada now.

2. If his PR card is expired but he is visa exempt, he can come to Canada now.

3. If his PR card is expired and he is not visa exempt but he has a visa to the US or can get one, he can go to the US and cross Canada by land.

If he arrives in Canada now without meeting the RO, it is possible that the immigration officer will report him on entry. If that happens, he will have to appeal for his PR. He will be allowed to stay in Canada during the appeal processing which I have heard can take 12-18 months. Depending on his reasons for not meeting the RO, he may win or lose the appeal. If he loses, he will lose his PR and be asked to leave.

If the immigration officer does not report him for not meeting the RO, then he can stay in Canada for 2 years straight at which point he will meet the RO again and can apply to renew his PR card without consequenses. During the 2 years in Canada, he should not apply for anything from immigration. Not try to sponsor family or anything like that. Doing that can attract their attention to the fact that he does not meet the RO and could still get him reported.

4. If his PR card is expired, he is not visa exempt and can not get a US visa, he would be forced to apply for a PR travel document from outside Canada. In that case, the visa office will decide if he had good reasons for not meeting the RO or not and will decide if he gets to return to Canada or loses his PR.