"Spacious astronaut" to renew PR

[bricksonly]

My situation: I immigrated in Canada in Oct 2002, and after two month I returned to original country until OCT 2006. So my first application for PR renewal was very hassle and waited for one year to finally picked up my card from local CIC office in Oct 2009. My second renewal was very simple and instant because I almost stayed in the country with only several noticeble and reasonable vacation visit outside of Canada. I actually applied with an urgent service and the card was coming in one month!

Now things turn very suspicious. From Oct 2013 I got a contract job in my original country which gives me flexible time frame to work and meanwhile my parents are very old (80+ now) so I can have time to stay and take care of them. I went back and forth routinely, from DEC to MAR and JUN to SEP I am in Canada with my family, the rest was in my original country with my parents and working.

It's OK if my wife (Canadian citizen) didn't decided to move to US in Aug 2016. We settled down in the states and the routine travels continued but not to Canada. I know the day spent with my spouse will be counted to satisfy RO, but need more document to support. However, as my family has moving to USA, it's very bad for me to show my intent to continue living in Canada. (As I read from the forums, CIC prefers this kind of people shall apply PR TD if they finally want to go back and then apply PR Card after that time.

We own a house in Canada and would like to keep it, so we still pay property tax, mortgage, utilities. I don't know if this could be my REAL residency address although I actually seldom live in ( after our moving, I spent about 45 days there for two Christmas 2016 and 2017).

It's OK if the house is still available for anytime we can go back. Wife cannot stands paying for it and want someone to live in and take care of it. So we just rent it and schedule on 23th, Mar. It's OK if we ask the tenant to keep an eye on any government letter to us. However, I cannot give any utilities bills as my residency proof (tenant is going to change her name to the address). Oh wait, I could still have one under my wife's name which is the hot water boiler rental....I will stay at my friends home in Canada as my home is going to rent out.

I plan to enter Canada in June, and stay there until I reach a 760-day RO and submit application with urgent service. I then will fly to my original country until end of Sept. I don't want to waste my time waiting for their "review" and I want to know if it's OK for me to re-enter Canada at very tight gap to the expiry date. And I am also wondering if I cannot wait for the review time, can I just leave Canada but return by a rental car through land boarder? Or apply for PR TD instead?

The purpose I need a PR card is we could move back in next Aug, if I apply PR TD I could lose my legal status in USA. I heard PR TD is also timing and pain, and the problem is I could have to submit my passport during this period and no one knows how long it could be. And my passport will be expired next Aug too, I could be in trouble to re-enter USA from next Feb....And if my original country asks for my proof of Canadian PR to renew my passport...I could be stuck...

I was lost after I saw so many people were on this boat. I suppose that all applicants in trouble here are very tight to the 730-day deadline thus showing a weak residency tie with Canada?

Any experience and expertize is welcome, thx a lot.

 

[canuck78]

Given you frequent travel and being very close to the RO you will likely end up in secondary review which could mean you will be without a PR card for up to a year probably.

Also would not suggest you lie and claim your primary residence in Canada. It is pretty obvious that you are not living there and you need to claim the rental income as part of your income.

 

[bricksonly]

Given you frequent travel and being very close to the RO you will likely end up in secondary review which could mean you will be without a PR card for up to a year probably.

Also would not suggest you lie and claim your primary residence in Canada. It is pretty obvious that you are not living there and you need to claim the rental income as part of your income.

Thanks canuk, I will report the rental income but for the year 2017 I didn't rent our home. My stay in USA with my family is also not enough to be a resident there. My thought is that if I can still choose my home in Canada as MY prime residency. I do file tax return every year, which support my residency status. Do you think if I live in Canada for only 30 days in 2017 and file 2017 tax return is not right and suspicious?

 

[canuck78]

Doesn't need to be your primary address to claim time in Canada. Since you will be claiming the majority of your time living in the US with your wife as time towards your RO it would be difficult to believe that your Canadian address is your primary address. It is a secondary address that you seem to live in occasionally until you rent it out. Once you rent it out it is certainly not your primary residence. I am not a tax accountant and I would suggest you get one since you seem to have houses and income in many places. There is no need to show intent to live in Canada as long as you are accompanying your Canadian wife.

Since it seems like you haven't met your RO before your PR card expires things will get pretty complicated. You need to stay in Canada until you have met the 730 days and then you can apply for renewal. Then you will be without a PR card for probably almost a year based on secondary review. I would encourage you to stay over 730 days so you have some buffer days and then collect detailed records showing when you have been in Canada or with your wife. It will be up to you to prove that you have met the RO. Then you will have to depend on PRTD to get into Canada other then by land.

 

[bricksonly]

Doesn't need to be your primary address to claim time in Canada. Since you will be claiming the majority of your time living in the US with your wife as time towards your RO it would be difficult to believe that your Canadian address is your primary address. It is a secondary address that you seem to live in occasionally until you rent it out. Once you rent it out it is certainly not your primary residence. I am not a tax accountant and I would suggest you get one since you seem to have houses and income in many places. There is no need to show intent to live in Canada as long as you are accompanying your Canadian wife.

Since it seems like you haven't met your RO before your PR card expires things will get pretty complicated. You need to stay in Canada until you have met the 730 days and then you can apply for renewal. Then you will be without a PR card for probably almost a year based on secondary review. I would encourage you to stay over 730 days so you have some buffer days and then collect detailed records showing when you have been in Canada or with your wife. It will be up to you to prove that you have met the RO. Then you will have to depend on PRTD to get into Canada other then by land.

Thanks Canuk, I can easily finish PO. I only need less than 60 days to meet, and the expiry date is in Oct. What I am thinking is, I would like to submit my application in Canada, with around 760 days count, and go back to original country for 1.5 month ( I do have nothing to do in Canada), and return Canada before the PR card expiry date. Is that risky or not (submit application but leave the country and return on a date very tight to the expiry date?
Thanks!

 

[bricksonly]

Also, for PR living with their spouse outside of Canada, is it ture that CIC would like PR apply for a PR TD first only if they decide to go back, and if PR TD is approved (meet RO), then it's a firm step to get PR card in Canada later on and a second review is not needed?

 

[canuck78]

Thanks Canuk, I can easily finish PO. I only need less than 60 days to meet, and the expiry date is in Oct. What I am thinking is, I would like to submit my application in Canada, with around 760 days count, and go back to original country for 1.5 month ( I do have nothing to do in Canada), and return Canada before the PR card expiry date. Is that risky or not (submit application but leave the country and return on a date very tight to the expiry date?
Thanks!

Not quite sure why you don’t live with your family if you have plenty of time to complete your RO. You can return at any time before your PR card expiry date.

 

[bricksonly]

People still need to work, not only a housekeeper, right? My status in US is TD thus cannot work. And I have to regular travel back to my original country to take care of my parents.

 

[canuck78]

People still need to work, not only a housekeeper, right? My status in US is TD thus cannot work. And I have to regular travel back to my original country to take care of my parents.

Meant to complete your residency time versus being in Canada.

 

[vensak]

Just so you would understand. RO requirement is a rolling one. So at any date you are suppose to have those 730 days in Canada or with your spouse to show in order to meet the requirement. Your plan to go back to your country of origin (where is not the residency of your spouse), can nastily backfire on you. Chance for a secondary review is rather high there and what would you do if they ask for more details and only to find out that you are out of RO again?

Having a work contract in a different country in itself is not an excuse not to meet the RO criteria.

Having elderly parents can be a reason. But again your back and forth travelling can play against you and only showing that no such intensive assistance is needed there.
Owning a property in Canada has nothing to do with RO requirement (it is only one of the factor to be considered tax resident in Canada, which is not the same thing)

 

[bricksonly]

Just so you would understand. RO requirement is a rolling one. So at any date you are suppose to have those 730 days in Canada or with your spouse to show in order to meet the requirement. Your plan to go back to your country of origin (where is not the residency of your spouse), can nastily backfire on you. Chance for a secondary review is rather high there and what would you do if they ask for more details and only to find out that you are out of RO again?

Having a work contract in a different country in itself is not an excuse not to meet the RO criteria.

Having elderly parents can be a reason. But again your back and forth travelling can play against you and only showing that no such intensive assistance is needed there.
Owning a property in Canada has nothing to do with RO requirement (it is only one of the factor to be considered tax resident in Canada, which is not the same thing)

I spent even time at original home with my parents or in US with my family. With 1/2 time I am OK according to RO requirement (1/2>2/5). As my family move to US, it makes no sense for me to stay in Canada. The reason I need a PR card is I need to travel back to Canada freely. And it's possible if my wife's TN renewal could be rejected as Trump's policy on NAFTA, we will have to move back Canada and a PR TD is somewhat make a pain....I could be without my passport and I cannot legelly stay in US.

 

[bricksonly]

It's another option that I won't apply for PR card renewal. Once we need to go back Canada, drive with my family and show my expired card. Anyone has this kind of experience?

 

[canuck78]

Good point. Rolling totals mean that it is constantly 2 out of 5 not blocks of 5 years followed by a renewal. Seems like he spends similar amounts of time yearly meeting RO or being out of the country.

 

[bricksonly]

Good point. Rolling totals mean that it is constantly 2 out of 5 not blocks of 5 years followed by a renewal. Seems like he spends similar amounts of time yearly meeting RO or being out of the country.

Legally it's perfect. But CIC is not willing to free PR like this. Making PR staying in Canada for as long as one year for second review, lawfully make 2/5 policy a waste. You need 3/6 and the last full year to continue, right? If they issue multiple entry TD with a reasonable term, and TD holder is equal to card holder, I have no complaint. PR card is the only way to prove my PR status to all authorities, not a PR TD.

 

[vensak]

I spent even time at original home with my parents or in US with my family. With 1/2 time I am OK according to RO requirement (1/2>2/5). As my family move to US, it makes no sense for me to stay in Canada. The reason I need a PR card is I need to travel back to Canada freely. And it's possible if my wife's TN renewal could be rejected as Trump's policy on NAFTA, we will have to move back Canada and a PR TD is somewhat make a pain....I could be without my passport and I cannot legelly stay in US.

Except this is what you have said:

What I am thinking is, I would like to submit my application in Canada, with around 760 days count, and go back to original country for 1.5 month ( I do have nothing to do in Canada), and return Canada before the PR card expiry date.

So with barely meeting the requirements you would travel to your home country (instead of to USA to stay with your wife). So if ever some days in counting are close to those 5 years (like 5 years ago). They would be consumed without renewed. That is why it can backfire on you.
And because of your back and forth travelling, they can question all of that and force you to show detailed itinerary of all your travelling. between 3 countries.

That is why I meant that it can backfire on you.