query reg PR renewal

[canadiansquire]

Hi,
my wife and i landed on 4th april 2009.
since then we have spent a little over 180 days in canada ( in slots of 10 days, 4 months and finally 2 months.)
we intend to complete the rest of the 18 months ( approx 550 days) between now and april 3rd 2014 when our 5 year period is over.
I am having considerable difficulty trying to meet th target with an ailing mother in law and other domestic issues back in our homecountry.
My query is this.
How many days of shortfall are the immig officials willing to overlook at in case i am unable to make the target of 730 days and what are my options


thanks in advance and apologies if its a oft repeated query

 

[Leon]

If you manage to get to Canada before your PR card expires, you can wait 2 years until you meet the requirements again and then renew. Otherwise, your proof of taking care of sick mother in law would be your only excuse not to meet the requirements.

 

[farid-]

i have seen post people get in trouble even for 1 month short towards 730 days. don't take the risk Leon is right finish 730 days then apply.
it's always better to be safe then sorry

 

[canadiansquire]

Thanks leon and Farid.
So i gather that an immigration official invariably lets in people into canada with a valid PR card even if its obvious that they will not be making the regulation 730 days?

 

[Leon]

The immigration officers have the option of reporting you for not meeting the residency requirements which still lets you enter the country but in that case, you have 30 days to appeal for your PR and could lose it.

However, it does not seem to be very common that they report people. In many cases, they do not know that you do not meet the residency requirements because they may have your entry dates on their screen but possibly not your exit dates. Many people walk in without being asked a single question.

If they are aware that you do not meet the requirements, they may give you a hard time, they will ask you why you did not stay, lecture you, even tell you that you have lost your PR and attempt to take your PR card. Usually that is it, you get a lecture but they still don't report you. If that happens, you are ok to stay for 2 years and then apply to renew.

If the above happens to you, that is, you are hassled by immigration when arriving, just be calm, apologetic, tell them you had good grounds for not being able to live in Canada and you will deal with immigration about that when you renew your PR card. In that case, they will probably let you enter without reporting and think that immigration will deal with you when you apply to renew. However, you don't have to renew right away, you can wait for 2 years, then you meet the requirements again and then you apply to renew.

 

[canadiansquire]

Sincere thanks

 

[canadiansquire]

Hi all..
Just to be on th safe side in case i do need to use it, Kindly inform me as to th kind of evidence i wud need to prove i was looking after an ailing relative.
does it need to be exhaustive or are they satisfied with a doctor's letter.
ie do i need to submit medical reports, hospital bills affidavits from th ailing relative etc.
thanks in advance

 

[Leon]

If you are telling an IO about your ailing relative on entry to Canada in order to avoid getting reported, it may work without any proof but if you are applying for a TD or you end up getting reported and have to appeal, you better have proof. Your proof should be something like medical records of your relative, a statement from their doctor saying that they need care and if they can also say that they know you to have been taking care of them, that will help too. An affidavid from the relative should help as well.

 

[AFRIKANER]

canadiansquire , stay for AT LEAST 24 MONTHS IN A ROW and then apply for the renewal of your PR CARD! Good luck, CIC won´t bother you if you stay for 24 months in a row. No worries buddy! CANADA loves PERMANENT RESIDENTS! ;-)

 

[SASIF]

The immigration officers have the option of reporting you for not meeting the residency requirements which still lets you enter the country but in that case, you have 30 days to appeal for your PR and could lose it.

However, it does not seem to be very common that they report people. In many cases, they do not know that you do not meet the residency requirements because they may have your entry dates on their screen but possibly not your exit dates. Many people walk in without being asked a single question.

If they are aware that you do not meet the requirements, they may give you a hard time, they will ask you why you did not stay, lecture you, even tell you that you have lost your PR and attempt to take your PR card. Usually that is it, you get a lecture but they still don't report you. If that happens, you are ok to stay for 2 years and then apply to renew.

If the above happens to you, that is, you are hassled by immigration when arriving, just be calm, apologetic, tell them you had good grounds for not being able to live in Canada and you will deal with immigration about that when you renew your PR card. In that case, they will probably let you enter without reporting and think that immigration will deal with you when you apply to renew. However, you don't have to renew right away, you can wait for 2 years, then you meet the requirements again and then you apply to renew.

If an officer questions us does it mean reporting. How do we know if we are reported or not.

 

[Leon]

If an officer questions us does it mean reporting. How do we know if we are reported or not.

If they report you, they will tell you that they are reporting you and give you paperwork to appeal for your PR. They will let you enter but you will have 30 days to make your appeal.

 

[ND15]

Hi there,

Sorry but I have the same question but little bit confused.

My query is that, lets say if I have only 1 year remaining on my PR card (out of 5 years), can I stay in Canada for another year without any visa and complete two year and then apply for PR renewal?

My PR card will expire in September 2015 and I have lived in Canada for only 3 months (90 days) since then I am outside Canada and now planning to go back to Canada again in September 2014.

Can I stay in Canada after September 2015 for one year extra (till September 2016) without any visa and then apply for PR renewal?

Please please please help on this.

Thanks a lot

ND15

 

[Leon]

Hi there,

Sorry but I have the same question but little bit confused.

My query is that, lets say if I have only 1 year remaining on my PR card (out of 5 years), can I stay in Canada for another year without any visa and complete two year and then apply for PR renewal?

My PR card will expire in September 2015 and I have lived in Canada for only 3 months (90 days) since then I am outside Canada and now planning to go back to Canada again in September 2014.

Can I stay in Canada after September 2015 for one year extra (till September 2016) without any visa and then apply for PR renewal?

Please please please help on this.

Thanks a lot

ND15

Yes, you can stay for an extra year if you don't get reported on entry.

When you enter, one of 2 things can happen. The immigration officer may realize that you have been outside too long and will be unable to meet the residency requirements in your first 5 years as a PR. They would then have the choice of reporting you. If they do, they will give you some paperwork to appeal for your PR and you must do that within 30 days or you will lose it. If you lose your appeal, you can of course also lose it. If you lose your PR this way, you will be asked to leave Canada. If you do not leave Canada, they will deport you.

If you do not get reported on entry, either because the immigration officer can't be bothered or doesnt' care or they didn't figure out that you don't meet the residency requirements, you are still a PR and as any PR, you are free to live and work in Canada without needing any visa. This is how you can stay an extra year after your PR card expires. Most PR's who are living in Canada never need to show a PR card. It is needed when you arrive back in Canada from a trip outside and in some cases when you are getting set up in a new province for example to apply for a drivers license or a health card.

 

[ND15]

Hi Leon,

Thanks for your prompt reply. Much appreciated,

Just one more thing,

Which date will be caount towards completing 5 years, means the from the date on the landing paper on whixh we entered for the first time in canada or the date on which the pr card issued?

Thanks again,

ND15

 

[computergeek]

Hi Leon,

Thanks for your prompt reply. Much appreciated,

Just one more thing,

Which date will be caount towards completing 5 years, means the from the date on the landing paper on whixh we entered for the first time in canada or the date on which the pr card issued?

Thanks again,

ND15

It's a rolling requirement. So if they examine you they look back at the five years immediately passed. For the FIRST five years after your landing date, they look at how much time you have already spent in Canada and then look at how many days remain until your fifth anniversary of landing. If you don't have 730 days (or the possibility of accumulating 730 days in your first five years) then you are in breach of the residency obligation and they can write you up for that failure or even issue a removal order (that's the paperwork that you must appeal to maintain your PR).