Studying outside Canada

[sakber]

Studying outside Canada:
I have a question regarding PR card renewal with less than the 2/5 years stay in Canada: Soon after immigration in March 2010 at the age of 17, I had to go back to my home country to complete Grade 12. By the time result was announced in August 2010, the U of T admissions were already finalised. In September 2010, I was offered admission in Medical school back home. So, with no alternative in Canada at that time to choose from, I accepted the offer and am now in the 4th of the 5 year program. I have been visiting my family in Mississauga in every 4-5 weeks' Summer vacations. My PR card expires in April 2015 and I will graduate by the end of 2015.
How should I proceed with the PR renewal?

 

[scylla]

If you wish to keep your PR status and renew your PR card, you will need to meet the residency requirement and live in Canada for 2 out of every 5 rolling years. Studying outside of Canada is not accepted as a reason for failing to meet the residency requirement.

If you want to keep your PR status, you should return to Canada before your PR card expires and then remain in Canada without leaving until you meet the residency obligation and can renew your PR card.

 

[sakber]

If you wish to keep your PR status and renew your PR card, you will need to meet the residency requirement and live in Canada for 2 out of every 5 rolling years. Studying outside of Canada is not accepted as a reason for failing to meet the residency requirement.

If you want to keep your PR status, you should return to Canada before your PR card expires and then remain in Canada without leaving until you meet the residency obligation and can renew your PR card.

Thanks for the reply. Can I enter Canada , say a month before expiry? In that case, will my PR card be renewed any-time after expiry or only after completing 750 days of stay?

 

[scylla]

Thanks for the reply. Can I enter Canada , say a month before expiry? In that case, will my PR card be renewed any-time after expiry or only after completing 750 days of stay?

Yes - you can enter Canada a month before your PR card expires. Note that immigration officers can report you for failing to meet the residency requirement when you enter Canada. This doesn't happen very often. However if it does happen, you will have to appear in front of a judge to argue why you should be allowed to keep your PR status. Most people are able to reenter without being reported.

No - your PR card won't be renewed anytime after expiry. You will have to wait until you have 730 residency days in the last 5 years before applying to renew your PR card. If you apply before you have 730 days, you can expect a refusal and this will likely lead to the loss of your PR status.

 

[sakber]

Yes - you can enter Canada a month before your PR card expires. Note that immigration officers can report you for failing to meet the residency requirement when you enter Canada. This doesn't happen very often. However if it does happen, you will have to appear in front of a judge to argue why you should be allowed to keep your PR status. Most people are able to reenter without being reported.

No - your PR card won't be renewed anytime after expiry. You will have to wait until you have 730 residency days in the last 5 years before applying to renew your PR card. If you apply before you have 730 days, you can expect a refusal and this will likely lead to the loss of your PR status.

Hi Scylla,
I appreciate your reply.... I will have completed my medical school by September 2015 while PR card expires on 27 April 2015....Bad luck by 4-5 months. Is there any way, I can write the exam and enter Canada as soon as I am done? How far would that fall into a legitimate reason for renewal?
If I apply for renewal 6 months before expiry, ie in October 2014, it would be refused as the rule goes. Would that refusal impact the following appeal? Since my whole family is in Canada and I will have no home to stay after I am out of school residence, would that be a Humanitarian ground ?

 

[Regina]

Is there any way, I can write the exam and enter Canada as soon as I am done? How far would that fall into a legitimate reason for renewal?

No, you would not be able to come to Canada. And beside your PR status expired already in April 2013. So the only way to somehow restore your status is to come to Canada NOW. If it is already is not late.

 

[Rob_TO]

Hi Scylla,
I will have completed my medical school by September 2015 while PR card expires on 27 April 2015....Bad luck by 4-5 months. Is there any way, I can write the exam and enter Canada as soon as I am done? How far would that fall into a legitimate reason for renewal?
If I apply for renewal 6 months before expiry, ie in October 2014, it would be refused as the rule goes. Would that refusal impact the following appeal?

In this case you basically only have 1 possible option: You need to travel back to Canada BEFORE your PR card expires in April 2015, and just let your PR card expire while you are here. You will still be a PR even though your card has expired. Then you need to stay inside Canada and NOT LEAVE for ANY reason whatsoever, until you've established 2 out of 5 years residing in Canada. Only once you reach 2 years, can you then apply for renewal of PR card.

Of course this assumes you won't be reported by the immigration officer when you try to return and they see you won't meet the 2-of-5 years requirement.

So I don't see any way you can continue with your school beyond April 2015, and still keep your PR. You need to choose one or the other.

Since my whole family is in Canada and I will have no home to stay after I am out of school residence, would that be a Humanitarian ground ?

No, that is not grounds for humanitarian. You knew the rules, and you made the personal choice to study outside Canada.

 

[keesio]

sakber - you need to decide which is more important, PR status or finishing school. It is a tough choice because you have invested so much in your studies and will be almost done by the time your PR card expires. Good luck with your decision.