Residency obligations

[Varun_Y]

I am a permanent resident of Canada. I became PR on the 7th of March 2014. I have stayed in Montreal for 23 days. Then I had to return back to complete my final MBA semester. I was planning to return back by the end of 2014, but unfortunately because my father’s health was not ok.
I got married last year in November 2016.
I was planning to return to Canada next month but my wife is not keen to move abroad at the moment because my father-in-law is not in good health. He had undergone heart surgeries and recently he had had an eye surgery.
My PR card will expire in June 2019.
So, with such a situation, it will be difficult to meet the RO.
I do not want to lose my PR status because I am looking forward to return back to Canada to live and work there.

Is there a way I can save my PR status?
What if I return to Canada on the first week of June 2017, is it going to be a problem for me please?
If I come in June 2017, am I going to be eligible to sponsor my wife?
What if I could not reside 730 days, can I renew my PR based on H and C ground.

Based on my understanding, to maintain PR status, I should reside in Canada for 730 days in the last five years.

Thanks a lot.

Varun

 

[Leon]

As a PR, you can spend a maximum of 1094 days (3 years minus one day) outside Canada in a 5 year period. If you landed on March 7th 2014 and stayed for 23 days, you would have left on March 30th? So you need to return to Canada in any case before March 30th this year and since you have spent the maximum amount of time outside Canada, you will need to stay in Canada for 2 years straight in order to be able to meet the RO (residency obligation).

If you do this, you still meet the RO or are able to meet it for your first 5 years as a PR so you are able to apply to sponsor your wife for PR as soon as you arrive. When she gets her PR, she needs to land in Canada but if she wants to continue to stay in her home country because of her father, she can use the PR card to come visit you for the next 3 years until she also has to move to Canada to meet the RO. You could of course join her again in your home country after you have spent 2 years and renewed your PR card as you would then be able to spend up to 3 years outside Canada again.

If you do not return to Canada before March 30th, you are unable to meet the RO and if you apply to sponsor your wife, you would be attracting the attention of immigration to yourself. However since you have mitigating circumstances with your father being sick and then your father in law being sick, they will probably let you keep your PR. However, it will add some time to your wife's processing because they are unlikely to grant her PR before they have completed the investigation into your PR status.

 

[Varun_Y]

Dear Leon,

Many thanks for your help.

I was thinking of returning on the first week of June 2017 since the expiry date on my PR card is 10th of June 2019.

As per the law, I read that it says '' resides in Canada for 2 years in the last five years''.

If you landed on March 7th 2014 and stayed for 23 days, you would have left on March 30th?
Yes, I left on the 30th of March 2014.

Based on my current situation, I do not think I will be able to make it before the 30th of March 2017. What if I come on the 1st week of June 2017 please and stayed forever. Is it possible?

Thanks a million.

 

[Rob_TO]

Based on my current situation, I do not think I will be able to make it before the 30th of March 2017. What if I come on the 1st week of June 2017 please and stayed forever. Is it possible?

Thanks a million.

You will not be meeting the RO when you attempt entry to Canada. So you may be reported by CBSA to have your PR status revoked, which you would need to appeal if you wanted to keep it. There is no guarantee an appeal would be successful, and whole appeals process can take a couple of years during which time you can at least stay in Canada. If you are reported and decide to appeal, you can't sponsor your wife until your appeal is won.

If you aren't reported, you would then need to stay inside Canada 2 straight years without leaving even once, else you would face being reported upon your next entry. Only after 2 years could you apply to renew your PR status. Also during these 2 years you can't sponsor your wife.

So either way, you most likely face a long time where you'll be separated from your wife and unable to sponsor her. All this can be avoided if you just return before March 30.

 

[Leon]

Dear Leon,

Many thanks for your help.

I was thinking of returning on the first week of June 2017 since the expiry date on my PR card is 10th of June 2019.

As per the law, I read that it says '' resides in Canada for 2 years in the last five years''.

If you landed on March 7th 2014 and stayed for 23 days, you would have left on March 30th?
Yes, I left on the 30th of March 2014.

Based on my current situation, I do not think I will be able to make it before the 30th of March 2017. What if I come on the 1st week of June 2017 please and stayed forever. Is it possible?

Thanks a million.

The definition of meeting the RO is that you have spent 730 days (2 years) in Canada in the past 5 years or if you are a PR for less than 5 years, you still could before your 5 years are up. The requirement in the PR card renewal form is basically the same but worded differently. It is having spent less than 1095 days (3 years) outside Canada in the past 5 years or since you became PR if you haven't been a PR for 5 years yet.

Arriving in June, you will not make it because you will have been outside Canada for more than 3 years total and hence, you can not reach 2 years in Canada in the period of your first 5 years. You can not count from landing until expiry of PR card because this period is longer than 5 years.

The expiry date of the PR card is not important. Only that you meet the RO for any rolling 5 year period starting with the first 5 years since your landing. After your first 5 years, the rolling period means that on any given day, you should be able to look back and say that you still meet the RO for the past 5 years. I hope this explains it.

 

[Varun_Y]

Dear Leon/Rob,

Thanks a lot. I really do appreciate your advice and help.

I will try my level best to come prior to the 30th of March 2017. I dont think its possible though.

Normally how long does an appeal last normally please? Lets say I am reported at the border, and I reach Canada in June 2017. What if it takes more than 2 years, this mean I will be able to renew my PR status. Correct?

 

[scylla]

Dear Leon/Rob,

Thanks a lot. I really do appreciate your advice and help.

I will try my level best to come prior to the 30th of March 2017. I dont think its possible though.

Normally how long does an appeal last normally please? Lets say I am reported at the border, and I reach Canada in June 2017. What if it takes more than 2 years, this mean I will be able to renew my PR status. Correct?

If your PR status is revoked and you decide to appeal - the time while you're under appeal will not be counted towards RO. So no - if the appeal takes more than 2 years, this does not mean you'll be able to renew your PR status. Your appeal has to be successful in order for you to be able to renew your PR status.