Residency obligation other than the last 5 years

[Joe2013]

Hi,

I've called Cic to make sure that are still 730 days in the last 5 years the residency obligation.
And I've been told that yes it's 730 days but if they notice that you have been out of the country many years they can ask you and take away the Pr status.
I became Pr many years ago, and I did go back in my country of origin with my family, I was only 8y.o. when I left.
I came back a couple of years ago and by mistake I've requested the PR card, after reading some of your posts I decided to withdraw the application having as a results an acceptance of withdraw with a note to apply only with 2 years in the last 5.
Now I'm confused...it seems I can lose my status even if now it's about 750 days I'm resident of Canada, I even work for the Government.
Having a son 3 y.o. and a wife that I'm going to sponsored in a month or 2 I'm very worry for our future, especially for my son.

Thanks for your help.

Whatever I wrote is just fantasy and for exercise.

 

[scylla]

I would wait until you have a valid PR card before you file the application to sponsor your wife and child. When will you have 2 years of living in Canada over the last 5?

 

[Joe2013]

I would wait until you have a valid PR card before you file the application to sponsor your wife and child. When will you have 2 years of living in Canada over the last 5?

I already have the 2 years and the last 5.
But I'm very close, like today 740 days.

 

[Leon]

When you applied for a PR card, did you meet the residency requirements that for the past 5 years, you were in Canada for at least 730 days (not outside Canada for 1095 days or more) ?

If you did, you are ok. If you didn't, you should withdraw your application, wait for them to acknowledge your withdrawal and then apply again.

You can see this here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7 where it says:

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.

 

[Joe2013]

That's exactly what I did Leon.
Thanks.
Now my only concern after reading some posts here and there, it's if they reportd (when I originally applied with no RO) me and I'm not aware of this.....
I should have received something....
I even recently worked for some months for a member of parliament.

Thanks Leon, your answer make me sleep better during the night.

 

[Leon]

That's exactly what I did Leon.
Thanks.
Now my only concern after reading some posts here and there, it's if they reportd (when I originally applied with no RO) me and I'm not aware of this.....
I should have received something....
I even recently worked for some months for a member of parliament.

Thanks Leon, your answer make me sleep better during the night.

Are you saying that you applied for a PR card 2 years ago with no days in Canada? If you did, you have to find out the status of that application. You should have received something.

 

[Joe2013]

Yes, but I withdrew the application, and I received a letter with the acceptance.
And the advice to re-apply when I would comply the RO.
Thanks.

 

[Msafiri]

That's exactly what I did Leon.
Thanks.
Now my only concern after reading some posts here and there, it's if they reportd (when I originally applied with no RO) me and I'm not aware of this.....
I should have received something....
I even recently worked for some months for a member of parliament.

Thanks Leon, your answer make me sleep better during the night.

Canada has due process and had you been reported you would have been issued a removal order (departure type) that you sign and keep a copy of with details of appeal process.

 

[Leon]

Yes, but I withdrew the application, and I received a letter with the acceptance.
And the advice to re-apply when I would comply the RO.
Thanks.

If they accepted your withdrawal, you have nothing to worry about.

 

[Joe2013]

Thanks a lot guys, I feel much better.
So Leon, at this point you suggest me to get first my PR card which means at least 12 months (I will probably receive a 5511) and then apply to sponsor my wife and my son?
I'm asking because my wife working permit express in feb 2015, and saying that I know she will have implied status but she can't wait to have an open work permit because she's not happy where she's working now.
I actually explained better the situation in another post with the same name Joe 2013.
Again Leon and other people on this forum, thanks a lot.

 

[Leon]

If you have more than 730 days in Canada at this point in the past 5 years and you can prove it, then you can apply for a PR card now and you can apply to sponsor right now as well.

 

[Joe2013]

Thanks Leon,

I will request my list of entry and exit online ( https://atip-aiprp.apps.gc.ca/atip/welcome.do?lang=en ),and after being sure 101%, I'll submit both applications with supporting documentation about my residency, our lease agreement, rental car bills, and gym membership and the CBSA list of course.

I started to work only after 1 year from my establishment, even if I have my 2012 and 2013 tax claims.

Do you recommend any other type of supporting docs that I don't know and I might have?

Again, thanks a lot for your time.

 

[Joe2013]

Leon, sorry if I want to ask you something that doesn't have much with the original question.

If I start an application to sponsor my wife, she will have implied status after her actual TFW permit expires (Feb 2015) so, is it true that she will not be able to travel until she's a PR and owns a Pr Card?

Thanks again.

 

[Leon]

Leon, sorry if I want to ask you something that doesn't have much with the original question.

If I start an application to sponsor my wife, she will have implied status after her actual TFW permit expires (Feb 2015) so, is it true that she will not be able to travel until she's a PR and owns a Pr Card?

Thanks again.

If you apply to sponsor her inland, it is advised not to travel during the processing time because if for some reasons she is denied entry to return, she would lose her application. You could however apply outland for her.

As for the implied status on work permit, you get implied status on a work permit if you have already applied for another work permit. I am not sure how this works with inland now because they have changed the visa office the processes inland. Earlier, they processed inland and work permit at the same visa office and so you could apply for sponsorship and open work permit at the same time and get implied status. Now, they process them at different offices, as far as I know, you can not apply for the open work permit until you get first stage approval. However, getting first stage approval should only take about 8 months so you should have it before your wife's current permit expires.

 

[Joe2013]

Correct Leon, I've been told to put the sponsorship and the open work permit in the same envelope.
Thanks for now.