Advice needed with meeting 730 days

[micro]

Dear all,

I have a major dilemma and I am aware of the repetition of the stories being discussed on these forums. I tried to search for other blog threads that would highlight my exact similar case, but did not succeed. Thus, your help and patience is really appreciated.

My story is not complicated in explaining the details behind it...nonetheless, it is to find solutions and alternatives.

My Uncle received her PR back in 2005 and did not set his foot in any Canadian soil since then, due to certain impediments he faces in his origin country with family and work related issues. Now his PR is about to expire in July 2010 and he has intentions to keep his PR alive, hoping he would start a new life for him after all these years.

Granted he does not meet the 730 days, what can be said to any IO upon arrival at an airport. Is there a way they can prove his date of departure out of Canada? (note that he just received a new passports with no stamps from his country). Is it safe to explain that he has been in Canada all this time and just went back to get his new passport? If so, what will he need to prove, or what questions will they ask to find the authenticity of his story? Plus, he has no proof to show his days spent in Canada (i.e. active bank account, driver's licence, property and/or rental tenancy/occupancy). 

If anyone can shed some light on this case, I would be very thankful.       

[micro]

It is worth to mention that his wife is also facing the same dilemma.

[matthewc]

> Is it safe to explain that he has been in Canada all this time and just went back to get his new passport?

That would be misrepresentation.

If they haven't set foot in Canada since gaining PR status, you can understand why it will be unlikely they will be allowed to keep their status. If there are genuine, humanitarian and compassionate reasons why they should be allowed to keep the PR status, he can plead those reasons at appeal.

[Leon]

He can try but if they ask him how long he was outside Canada and he tells them 5 years, they will likely tell him that his PR is gone.  If he doesn't tell them but they suspect that he hasn't been in Canada, they can challenge him on that and start proceedings to cancel his PR which would allow him to appeal that decision.

If he did manage to get into Canada without any questions, he should stay in Canada for a full 730 days and only then apply for a PR card renewal because then he would meet the requirements again.