short in days to meet the 730 days required to renew PR

[Lilysurf]

Hi,
I live outside canada with my canadian spouse.
My PR will expire november 2015 and i will be short by approx 10 days to meet the 730 days in order to renew my PR.
Can you please tell me if i can still send my application for renewal 6 months in advance even if i am short by few days?
Thanks

 

[zardoz]

Hi,
I live outside canada with my canadian spouse.
My PR will expire november 2015 and i will be short by approx 10 days to meet the 730 days in order to renew my PR.
Can you please tell me if i can still send my application for renewal 6 months in advance even if i am short by few days?
Thanks

If you live with your Canadian spouse, every day that you spend outside Canada accompanying them, counts as a day towards the Residency Obligation. You may not be short of days at all...

 

[Lilysurf]

Thanks for your reply zardoz.
I know the days spent with my spouse will be counted but since i will still be short by 10 days to meet the 730 days since she joined a bit later, will still be ok to send my application or there is a risk of refusal to my application?
thanks for your help

 

[zardoz]

Thanks for your reply zardoz.
I know the days spent with my spouse will be counted but since i will still be short by 10 days to meet the 730 days since she joined a bit later, will still be ok to send my application or there is a risk of refusal to my application?
thanks for your help

If you really are short of the residency obligation requirements, do NOT attempt to renew your PR card. Doing so will cause your RO to be examined and could cause you to eventually lose your PR status.

 

[Lilysurf]

Thanks again for your reply.
But how will my spouse re-enter canada if we don't renew the PR?

 

[Leon]

Wait until you have 730 days in Canada and/or spent with Canadian spouse overseas in the past 5 years before you apply.

You can let your PR card expire without any problem but you should not apply to renew unless you meet the RO.

As long as your spouse has a valid PR card, entering Canada is not a problem. When the PR card expires, if your spouse is in Canada, they should not leave until they meet the RO again and have gotten a new card. If your spouse is outside Canada when the card expires, they should not try to re-enter until they meet the RO again, then they can apply for a PR travel document.

 

[hisaca]

Leon,

I just sent you a PM, please help me out.

 

[Lilysurf]

Thanks for the advise Leon and zardoz.
So we will wait to accumulate 730 days before sending the renewal application.
And as long as the PR card is valid, my spouse can enter canada. What if the officer at immigration says you are not meeting the requirements so i will give you 30 days to appeal? Or it is safer not to enter canada as long as the PR is not renewed?

 

[Leon]

Thanks for the advise Leon and zardoz.
So we will wait to accumulate 730 days before sending the renewal application.
And as long as the PR card is valid, my spouse can enter canada. What if the officer at immigration says you are not meeting the requirements so i will give you 30 days to appeal? Or it is safer not to enter canada as long as the PR is not renewed?

It would be unlikely for a person with a still valid PR card and a Canadian spouse to get reported for not meeting the RO but you are right, it could happen. The safest way would be stay outside Canada together until the spouse meets the RO, then apply for a travel document to return to Canada.

 

[Lilysurf]

thanks Leon.
I have another question.
I am trying to calculate again the days and maybe i will not be short.
Can you tell me if i am correct with my days or not?
So i got my PR on nov 9th, 2010 and expires dec 9th 2015.
I had accumulate approx 120 days by visiting canada.
Now my spouse joined me and we will be accumulating the 730 days by oct 2015.
So will i have to renew by october 2015 instead of 6 months prior to the expiration date?

Thanks again for your help.

 

[Leon]

thanks Leon.
I have another question.
I am trying to calculate again the days and maybe i will not be short.
Can you tell me if i am correct with my days or not?
So i got my PR on nov 9th, 2010 and expires dec 9th 2015.
I had accumulate approx 120 days by visiting canada.
Now my spouse joined me and we will be accumulating the 730 days by oct 2015.
So will i have to renew by october 2015 instead of 6 months prior to the expiration date?

Thanks again for your help.

They will look at if you meet the residency requirements in your first 5 years as a PR (Nov 9th 2010 - Nov 9th 2015) or if you still could. However, it is a bit iffy to apply if you haven't met the RO yet but still could because your application may be delayed so I don't think you should apply 6 months prior to the expiration date. If you apply in October however, you will not have your new card before your old card expires so you may have a problem if they ask you to pick up your card in person (likely when you live outside Canada).

A PR renewal application must originate from within Canada but it is not a set in stone that you yourself have to be in Canada. You could have your application originate within Canada by having someone mail it from inside Canada for you and you must give a Canadian mailing address for them to contact you at. If they request that you pick up the new PR card in person, you would have to do that.

Some options might be a) going to Canada before your PR card expires and applying to renew from inside Canada which normally takes around 3 months, could however be longer, b) applying in October and applying for a travel document if you need to return to Canada after the expiry of the PR card, c) you can avoid a travel document if you have a visa exempt passport or if you come by land from the US, d) you could apply 6 months early and hope that they will ask you to pick up the PR card before the old one expires but as I said, when you apply based on that you could meet the RO by the time you reach your 5 years but you haven't yet, you risk that they will delay your application to see if you do.

 

[Lilysurf]

Thanks Leon.
After many counts, there will be a shortage in days til the expired date.
And so, when we will wait for the 730 days to renew the PR, will the PR be renewed or they could ask my spouse to go back to canada and sponsor me and start the process all over again?

Many thanks

 

[Leon]

Thanks Leon.
After many counts, there will be a shortage in days til the expired date.
And so, when we will wait for the 730 days to renew the PR, will the PR be renewed or they could ask my spouse to go back to canada and sponsor me and start the process all over again?

Many thanks

If you apply without having 730 days, worst case, they can revoke your PR and tell your spouse to sponsor you again.

If you wait until you have 730 days in the past 5 years before you apply, they will renew your PR card. This is regardless of how long your PR card has been expired. You could let it expire for years and then apply stating that you have spent more than 730 days with your Canadian spouse overseas and they would have to renew.

 

[Lilysurf]

Thanks alot for your help Leon.
I really appreciated your advise and understanding of the situation.

 

[Lilysurf]

Hi again Leon.
Just to be clear on something.
When i will wait for the 730 days to be accumulated, do i need to start my countdown all over again after my expired date (nov 2015),? Meaning, since my window of 5 years (9 nov 2010- nov 2015) i wont have accumulated the 730 days, do i need to accumulate 730 days between nov 2015- nov 2020? or anytime i hit the 730 days i can send my application?
Thanks again for clarifying this point.