member012 said:
I am planning to return to the US this summer after I have met the 2 year PR residency requirements. My PR card expires 2015. My understanding is that once my PR card expires, I can renew the PR card and return at anytime in the future as long as residency has been satisfied for that 5 year period.
My questions are:
1. If I renew the card, do I have to stay another 2 out f 5 years?
2. As a general rule, do I have to prove that I have satisfied the 2 year requirements?
3. What can I expect to happen if I am ling in the US at the time my card expires? Is there a letter from Immigration of completion?
Thanks
1. You must have 730 days of physical presence in each 5 year rolling period counted from your landing date (not PR Card issue date) to maintain the Residence Obligation (RO). You seem to have not remained in Canada after landing so watch out for the rolling period. Having a PR Card does not overcome any breach of the RO.
2. You will be required to declare your absences and periods of residence at each inspection. Inspection includes port of entry examination, application for sponsorship/Travel Document(TD)/ PR Card. For the latter you will need to submit specific documents e.g notice of tax assessments and copies of your passport. If CIC have doubts about your declared presence they will issue you a Residence Questionnaire which requires you to answer in detail various aspects of your life in Canada to include submission of proof e.g. medical records, employer letters etc - search the forum for this...its not pleasant.
3. There is no letter from anyone attesting to your maintaining the RO its your responsibility to count your days. If the PR Card expires then if you are a visitor visa national (VVN) to Canada you must apply for a TD to return to Canada. If you are VVN but have a US visa you don't need a TD but can enter via a land border subject to not using a commercial carrier. You would need to show your original landing papers. if you don't meet the RO your TD application will be rejected and you will be reported. This is the formal process of revoking your PR. You have 60 days to appeal or you lose PR.
If you are visitor visa exempt then you can return to Canada without a TD and deal with Immigration at the port of entry. Depending on who you find they may or may not review your RO in detail. If you are in breach they may report you. You have 30 days to appeal or you lose PR.
4. If you meet the RO at the card expiry date even if abroad you can make a new PR Card application with your correct residential address in the US. You then mail the application to someone in Canada who then mails it to CIC...this because the law says PR Card applications must be made in Canada but it doesn't categorically state the applicant must be in Canada. CIC appear to have got round this by requiring such applicants to collect their PR Cards in person and reviewing their travels so expect to have your passport scrutinized in detail.
Most PRs having a valid PR Card even if they don't meet the RO usually don't get reported when re-entering Canada. At worst they seem on this forum to get a strong lecture and a warning to be careful with their days. The border agent may make notes to this effect on their databases which could impact on future applications that require your residence to be reviewed.
Loss of PR appeals unless there are compelling reasons for your absence (e.g. serious medical conditions preventing travel) are pointless. Canada has an unbelievably lax 40% (730/1825 days) time requirement for retaining PR so the courts have little sympathy for lifestyle absences!
