wiking1018 said:
Hi,
I came to Canada June 10th 2012 and from my calculation I stayed 1085 days out of 1095 days abroad due to my college education. So till 10th June 2017, I have 10 days balance so can I go abroad for 9 days without any problem? I already booked ticket and upon calculating everything till June 10th 2017, I can see that I stayed in Canada for 731 days. I think its not big serious problem
Note: already applied for PR card renewal and its under secondary review but it doesn't matter as current PR card expired.
Please help!
wiking1018 said:
oops its typing mistake.... my pr card expires only on june 10th,2017. and I already applied for new PR card 2 month ago and its under secondary review since I stayed most of time outside... I already booked ticket so I am going for 9 days anyway....
You might
NOT actually have "10 days balance." The date your PR card expires has
NOTHING to do with calculating compliance with the PR RO.
It is highly unlikely you arrived and landed, becoming a PR, on June 10, 2012
AND your PR card expires on June 10, 2017. Your PR card expires five years, to the day, from the date the
card was issued, not from the date you landed.
In other words, if your PR card expires June 10, 2017, it is almost certain you landed in April or May 2012 (or even earlier). Compliance with the PR RO, based on 731 days presence within the first five years, will be based on the date you actually landed.
There are probably a dozen or more topics in this forum where I make observations about the
risks of cutting-it-close, and it warrants noting that anything less than 800 days in Canada is
cutting-it-close, and even less than 900 days might be
cutting-it-close depending on other circumstances.
All CBSA or IRCC has to do is doubt two days of your claims about presence, and unless you can then provide proof of all the days you claim to have been in Canada, that can be deemed to be a breach of the PR Residency Obligation and this determination will likely be upheld as valid in law.
You probably should
NOT rely on an inference about being in Canada between dates of arrival and dates of exit; you may need to affirmatively prove actual presence in-between those dates.
That said, there are many other aspects in your situation which will likely have a lot of influence in how things go. These range from whether your family is settled and living in Canada to the extent to which you are now settled and living in Canada, or not.
It appears you intend to travel regardless. Be aware there are risks, and perhaps big risks. There is a very real risk you could lose PR status. That is, that you might be issued a Removal Order at the border, and then you would still be allowed to enter Canada, and could appeal that, but the risk is you lose PR status. Again, the extent of this risk depends on many factors other than just the number of days. Of course, if officers are persuaded that you were in Canada 731 days in the relevant time period, you will be fine. And if you are now settled and staying in Canada even if they conclude you fell short of that by a
few days, you should still be fine, but not for sure. But again, a lot depends on things like how strong and continuing you have current ties to a life in Canada.
With your PRC application in Secondary Review you are probably flagged to be further examined if you arrive at a PoE from abroad.
Be prepared to explain your situation in detail, including an explanation for why you have been abroad as much as you have, and to affirmatively document all days you have been present in Canada. Have paperwork
in your hands (best to include something that shows you were still in Canada just nine or ten days earlier, to show you were in Canada and just left for a nine day trip abroad; but also have whatever documents you can to show when you have been in Canada).
Frankly, traveling abroad in your situation appears to be
reckless if you want to preserve your PR status, but that is of course a matter of personal judgment and priorities. That is for you to decide.
