Permanent Residency Obligation question

[maveick]

My application for PR was approved in Feb 2007. I along with wife landed in Canada in July 2007 by car from USA. Stayed there for 4 days and then returned to USA. Immigration officer did not grant PR card to us as we were in Canada just for first landing purpose. Immigration officer told us that when we land permanently we will get PR cards and he handed over only COPRs to us that time.

We were planning to move to Canada permanently within 3 months or so. But due to some urgent reason we had to travel back to home country in October 2007 and since then we have neither traveled to Canada nor USA. Now we want to move to Canada permanently. I am applying for travel document. Will my case be considered? How long does it take for visa office to revert on such cases in India?

[Leon]

Nobody gets PR cards issued when they arrive.  They still have to make them and normally they are mailed to you after 4-6 weeks.  It is actually quite common for people to have to arrange things before they move permanently.  I don't think you should have a problem getting a travel document since you are still able to meet the residency requirements.  You can not be outside of Canada more than 3 years out of any 5 year period since you became PR so you need to be in Canada before July 2010 and your travel document should in any case not take anywhere near that long.

[maveick]

Thanks for your quick response. But as per "Residency obligation" mentioned in http://www.cic.gc.ca/english/inFORMation/applications/guides/5529E2.asp one need to be physically present in Canada for a minimum of 730 days within the past five years OR accompany a Canadian citizen or a permanent resident outside Canada OR be employed outside Canada to meet the requirement of residency obligation. And I do not fall in any of these categories. So only way I can support my case is through humanitarian and compassionate grounds. So what are the chances that my case will be considered?

[Leon]

You have to be in Canada at 730 days (2 years) and/or outside Canada no more than 1095 days (3 years) in any 5 year period.  If you became a PR less than 5 years ago, they will look at if you can still meet your residency requirements over your first 5 year period as a PR.  That is to say, they will look at how long you were gone from the day you became PR.  You became a PR less than 2 years ago, that means that you have not lost your PR yet and will not lose it if you go back to Canada before July 2010.  Make sure that you are not outside Canada more than 1095 days in the first 5 year period since you came PR or after you have been a PR for more than 5 years, no more than 1095 days in the previous 5 years.  See here: http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

[maveick]

Thank you Leon! You rock!

[yoghet]

my application start at december 2003 and second letter from canadian ambassy is june 2008. now i would like to how long it goes.

[protoss]

You have to be in Canada at 730 days (2 years) and/or outside Canada no more than 1095 days (3 years) in any 5 year period.  If you became a PR less than 5 years ago, they will look at if you can still meet your residency requirements over your first 5 year period as a PR.  That is to say, they will look at how long you were gone from the day you became PR.  You became a PR less than 2 years ago, that means that you have not lost your PR yet and will not lose it if you go back to Canada before July 2010.  Make sure that you are not outside Canada more than 1095 days in the first 5 year period since you came PR or after you have been a PR for more than 5 years, no more than 1095 days in the previous 5 years.  See here: http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

is it Any 5 years from the date that you return to canada or every 5 years since the year you become a PR? ie 2000-2004 2005-2009 ? I called CIC they told me it is any 5 years from the date you return to canada not every 5 years?

[Leon]

Yes, it's any 5 year period.  If you have been PR for less than 5 years, you can not be outside Canada for more than 1095 days in your first 5 years.  Obviously you may have been living outside Canada before you became PR so that doesn't count.

After you have been PR for 5 years, it's always the last 5 years counting from today.  It's your obligation to make sure that you are not gone more than 1095 days in that period or you risk losing your PR.  The risk is less when you have a valid PR card but the border guards can stop you at any time on re-entry if they suspect you don't meet the residency requirements anymore and give you a time limit to prove it.

[protoss]

Yes, it's any 5 year period.  If you have been PR for less than 5 years, you can not be outside Canada for more than 1095 days in your first 5 years.  Obviously you may have been living outside Canada before you became PR so that doesn't count.

After you have been PR for 5 years, it's always the last 5 years counting from today.  It's your obligation to make sure that you are not gone more than 1095 days in that period or you risk losing your PR.  The risk is less when you have a valid PR card but the border guards can stop you at any time on re-entry if they suspect you don't meet the residency requirements anymore and give you a time limit to prove it.

It's tricky as it's almost 5 years since they have been PR, they have lived in Canada for 2 years and a few months, so they can keep their immigrant status, I wonder if the paper of landed immigrant would still work as they returned, even if their PR card expired when they are outside of Canada?

[Leon]

Yes, if the PR cards expired while they are outside of Canada and they want to return to Canada, they can apply for a PR travel document.  However, they must fulfill the residency requirements for the last 5 years from the time they apply for the travel document.

Once they have been PR for 5 years, they start eating up the time they were already in Canada.  Say if they had 2 years and 3 months in Canada at the start of their PR in the last 5 years, then have been gone for 2 years 9 months.  In 3 months time, their previous 5 years will look like 2 years and 3 years. 

[yoones]

Hi,

I am planning to land in June, but will have to go back to my home country immediately and will be able to go back to Canada after 4-5 weeks. I am wondering if I will be able to leave Canada after a day or two (before I receive PRC) and what happens if I don't receive my PRC in due time (5 weeks)? Would there be a problem applying for a travel document in my case?

Many thanks in advance.
Younes