730 DAYS RULE NOT MET ?!?!

[Roofster]

Hi all,
I'm currently in Canada. My PR expired last week, I didn't meet the 730 days required to be able to renew the PR.
I was planning to stay in Canada till I meet the 730 days but i just heard that my father is very sick and should have an operation soon.
I'll have to travel back to my country as I'm his only son.
I'll have to apply for an Urgent PR renewal.

If they see that I didn't meet the 730 days, can they deport me ?
Is there any way I can get a 1 year extension ?

Any idea what are the questions they ask at the CIC office ?

[Leon]

So assuming that you have been a PR for more than 5 years because your PR card is expired, you have not met the 730 days and you want to apply to renew your PR.  This means that your renewal application will go to residency questionnaire and you will not get expedited processing.  If you then leave the country during this processing, you will also have a problem getting back.  Unless you are visa exempt to Canada, you will need a travel document to return and they will not give it to you unless you meet the residency requirements unless you can prove that your days outside Canada were on H&C grounds like taking care of sick parents or other close relative plus proof of that.

If you are going to leave, I would not bother with the expedited processing.  Leave if you must and then take your chances with a travel document.  However, you realize that if they refuse the travel document, you will lose your PR.

[scylla]

I agree with everything Leon has said.

And just to add - no extensions are given.

[Roofster]

Thank you very much for your replies.

What does the Residency Questionnaire has as questions ?

Also, the 5 years start from the day I apply to renew the PR ? not from the landing day ?
ie; if I landed 15-12-2006 , PR expired 8-1-2012, I applied for a new PR on 20-1-2012.
The 5 years start from: 20-1-2012 ?

[Leon]

Thank you very much for your replies.

What does the Residency Questionnaire has as questions ?

Also, the 5 years start from the day I apply to renew the PR ? not from the landing day ?
ie; if I landed 15-12-2006 , PR expired 8-1-2012, I applied for a new PR on 20-1-2012.
The 5 years start from: 20-1-2012 ?

The RQ is an interview where you will have to prove that you meet the residency requirements or prove your H&C grounds while you couldn't and they will decide if you get to keep your PR or not.  An RQ can easily take a year as the local offices are busy and can not arrange your RQ interview at the drop of a hat.

For those who have been PR for more than 5 years, they always calculate the residency requirements from the past 5 years so if you apply on 20-1-2012, they will look at the period from 20-1-2007 to 20-1-2012.

It is a rolling 5 year period that you must meet the residency requirements.  Even within the validity period of your PR card, if you are outside Canada and lose it, you would have to apply for a travel document and if you don't meet them at that point for the past 5 years counting backwards from that date, you have a problem.

[Alabaman]

Another option is to fly into the US and try to come in by road in a private vehicle when you are returning to Canada. You stand a chance there too.

[Leon]

Another option is to fly into the US and try to come in by road in a private vehicle when you are returning to Canada. You stand a chance there too.

He could do that but if he wants to take that option, he should not try for a travel document first because if he is refused, they will revoke his PR.

If that is the plan, best not apply for anything, just quietly leave and then come back to the US, go to the border, rent a car, preferably with Canadian plates and drive across or have somebody come from Canada in his car and pick you up.  Once you enter with your expired PR card, you can tell them all kinds of nonsense like you didn't realize it was expired etc.  They will probably let you in.

[benk]

Leon and Alabaman,

Is a RQ for PR card renewal the same as a RQ for citizenship application?

Do the questions in a RQ only pertain to the last 5 years (for PR card renewal) or last 4 years (for citizenship application) (from the date of submission of a RQ) or do they pertain to your entire stay in Canada from day one?

[Leon]

For PR card renewal, they are not allowed to go back further than 5 years.  I am sure they don't for citizenship either because there would be no point.

[AK111]

Leon,
 jus to clarify the question by Benk....if someone apply for PR on jan 1st 2009 and received RQ on jan 1st 2011 .....the 5 years residency will be from jan 1st 2011 to jan 1st 2006 or from the application date?

Thank you

[Leon]

Leon,
 jus to clarify the question by Benk....if someone apply for PR on jan 1st 2009 and received RQ on jan 1st 2011 .....the 5 years residency will be from jan 1st 2011 to jan 1st 2006 or from the application date?

Thank you

If you applied for a PR renewal on Jan 1st 2009, they will go from the 5 year period from Jan 1st 2004 until 2009 or if you became a PR later than Jan 1st 2004, they will go from that date.  If you have applied to renew your PR, they will not consider time you stayed in Canada after that where you could meet the residency requirements.  By applying, you have basically waved a big red flag at them while shouting "LOOK AT ME, HERE I AM, I DON'T MEET THE REQUIREMENTS, PLEASE COME AND GET ME" so that is what they will do.

Some people have successfully withdrawn their PR renewal applications in such circumstances and some have even been offered to do that during their RQ interview so it seems that immigration may be forgiving.  If you tell them to forget your application, they may sweep it into the bin and forget it ever existed and you can then apply again after you have met the residency requirements.  I am not saying they will do this in every case but I have heard of it.