PR card renewal shortage of days

[a_baig]

Hello,
    I am a landed immigrant since april 2005 and my PR card is due to expire by april 2010.
I understand that you have to accumalate 730 days for renewing the card.Uptill now i have completed about 450 days...now i have moved back to india for personal reasons and have plans to get back to canada by Feb 2010.

If i move back in Feb then i can accumalate another 89 days towards residency (feb + march + april) making the total days as 540...but still lagging behind the 730 mark.

My question is can i still apply for renewal with a shortage of total 190 days?
What if i wait until i complete the 730 day mark and then apply for renewal ?
Assume if i apply for renewal in july after completing the days then when will my 5 year period start.From April 2005-April 2010 or July 2005-July 2010 ?

Thanks for your time

[Leon]

Your 5 year period is always the previous 5 years counting from today except if you have been PR for less than 5 years in which case they count from the day you landed as a PR.

Since you are right now unable to meet the residency requirements anymore for your first 5 years as a PR, you have already lost your PR status.  However, Canada immigration probably doesn't know that yet so if you are able to come back in February 2010 without the IO's realizing it, you should stay for 2 years and then apply for your PR card renewal.  Their own rules state that if you are in Canada, they can only look at your absences from the past 5 years immediately before you apply for your PR.  They are not allowed to go further back.  If you on the other hand apply for your PR card before you have your 2 years, they can cancel your PR status.  You could apply under humane and compassionate if you feel that you had a valid reason for not being able to live in Canada but that is also open to interpretation.

If the IO's realize as you are coming back in Feb 2010 that you don't meet the residency requirements, they can also stop you right there and question your PR status.  They are then supposed to let you in for 30 days to make your appeal, that is you have to either prove that they are wrong and you have been in Canada more than they think or you have to appeal on H&C grounds.

Canada's PR residency requirements are not very strict compared to most other countries.  In many European countries, you can only leave for 6 months before you lose your PR and in the US they can actually take your green card as soon as they believe you have permanently moved somewhere else even if you have been gone for less time.  That's why Canada immigration doesn't think it's too much to ask that you live in Canada 2 out of every 5 years if you want to keep your PR.  After all, why do you want to have a PR of Canada if you don't want to live in Canada?

[Gidra]

I am a Canadian Citizen. I sponsored my wife in 2007 and she landed in November 2007 in Canada as permanent resident. In mid of March 2008 Me and my wife( She stayed almost 5 months) came back from Canada to Pakistan as her mother was seriously ill. Since March 2008 she could not go to Canada as her parents one and after. During her stay here in Pakistan she gave birth 2 children in Pakistan. Her PR Card will be expired o 31 October 2012. She is planning to go to Canada for her PR Card Renewal and to stay there to complete citizenship requirement. Can she go to Canada before expiring the PR card Or she has lost her right of Permanent Residency.   Waiting for your Reply. Regards.

[Leon]

When a PR accompanies their Canadian citizen spouse abroad, those days are counted as days within Canada towards the residency requirements.  Therefore, she can not lose her PR status if you have been staying in Pakistan together, as long as her days in Canada + her days with you in Pakistan total at least 730 days in her first 5 years as a PR.

You make it sound like your wife is going to Canada alone.  Are you going with her and with the children?  Have you registered your children as Canadian citizens?  You will need passports for them to go to Canada.  Talk to the embassy in Islamabad about this if you haven't already done it.

[Leon]

Yes, she can enter Canada as she is a PR and has a valid PR card.  If anybody asks her how long she was gone etc.  she should tell the truth but say that she stayed outside Canada with a Canadian citizen spouse which means her absence is excused and even if, she was also taking care of her sick parents.  Once in Canada, she can apply to renew her PR card.

[Gidra]

I am a Canadian Citizen. I sponsored my wife in 2007 and she landed in November 2007 in Canada as permanent resident. In mid of March 2008 Me and my wife( She stayed almost 5 months) came back from Canada to Pakistan as her mother was seriously ill. Since March 2008 she could not go to Canada as her parents one and after. During her stay here in Pakistan she gave birth 2 children in Pakistan. Her PR Card will be expired o 31 October 2012. She is planning to go to Canada for her PR Card Renewal and to stay there to complete citizenship requirement. Can she go to Canada before expiring the PR card Or she has lost her right of Permanent Residency. My child has already been registered and issued Citizenship card and Canadian Passport. Please let me know does she have right to enter in Canada.She was considered as if She was living in Canada since she was with me( I am Canadian Citizen) In Pakistan during her stay. I will go with her for this Visit I may return back while she will stay in Canada to fulfill Canadian Citizenship requirement(Does she have to stay for 3 years for Canadian Citizenship) IF SHE STILL HAS RIGHT OF PERMANENT RESIDENCY.
Waiting for your Reply. Regards.

[Leon]

Please let me know does she have right to enter in Canada.She was considered as if She was living in Canada since she was with me( I am Canadian Citizen) In Pakistan during her stay.

I told you already she has the right to enter Canada.  She is a PR with a valid PR card and she does meet the residency requirements because she has been staying with you.

I will go with her for this Visit I may return back while she will stay in Canada to fulfill Canadian Citizenship requirement(Does she have to stay for 3 years for Canadian Citizenship) IF SHE STILL HAS RIGHT OF PERMANENT RESIDENCY.

She does have to stay 3 years to apply for Canadian citizenship.  The processing time for citizenship takes anywhere from 8 to 18 months in most cases.  If she leaves Canada during the processing time, she should have someone reliable check her mail and messages.  If she is called to appear for test and later oath, she will need to know about it as soon as possible because they don't let you know that much in advance.  She could postpone those dates if they are not convenient but that can be a problem too because she may have to wait a long time to be re-scheduled.  Immigration does not let people schedule those dates at their convenience.

[Gidra]

Thank you so much LEON, One more question if she returns back from Canada with me after the issuance of PR CARD, How long she could have Permanent Residency Right? Can she apply every time when she gets her PR card expired unless she gets her citizenship? How many times she can get her PR card renewed?

[Leon]

Thank you so much LEON, One more question if she returns back from Canada with me after the issuance of PR CARD, How long she could have Permanent Residency Right? Can she apply every time when she gets her PR card expired unless she gets her citizenship? How many times she can get her PR card renewed?

There is no limit how many times a PR card can be renewed.  As long as she always meets the residency requirements, it will be renewed.  As long as she is living with you in Pakistan, she continues to meet the residency requirements.  She will however never qualify to apply for citizenship unless she spends the 3 required years in Canada.

There is also no rush to renew the PR card before it expires.  If it expires, she can apply for a PR travel document in Islamabad to be able to return.  It currently takes 147 days to renew a PR card, see http://www.cic.gc.ca/english/information/times/perm-card.asp

[Gidra]

Thank you so much LEON!