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Author Topic: PR renewal (Living outside Canada)  (Read 730 times)
Ell Procter
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« on: July 12, 2011, 03:18:45 am »

Hi,
please note that i have my PR card already and did the landing in Jan 2009 but i did not move to Canada yet as i am bind to a work contract, my PR card expires on Jan 2014. I would like to know if let us say i will go Dec 2013 and stay there for good would this work, i mean what will happen if my card expires and i am in Canada, would i be kicked out (if i did not achieve the 730 days within 5 years?) or they will extend it for me.
Can you please let me know how to proceed with the renewal.

Regards
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Leon
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Posts: 13713
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« Reply #1 on: July 12, 2011, 05:28:52 am »

If you want to meet the residency requirements, you need to move to Canada no later than Jan 2012.  If you don't, you risk getting caught when you enter Canada.  They may ask you how long you were gone, see if you look nervous etc. and if they think that you do not meet the residency requirements or you admit that you don't, they may take action to revoke your PR.  You could appeal this but a job contract is not considered a compelling reason.

If you get into Canada without any questions being asked of you, you should stay put for 2 years because then you meet the requirements again and can apply to renew your PR card without risk.  If you try to renew your PR card before you have the required 2 years, you risk your PR getting revoked etc.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
zero
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« Reply #2 on: July 22, 2011, 11:18:59 pm »

Hi Leon,

I have almost same problem. With EU passport , is it possible to come Canada without show PR card and stay more then 730 days and apply for renewal ?
do you think they will caught that I have one year left to expire my PR card?
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Leon
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Posts: 13713
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« Reply #3 on: July 23, 2011, 01:57:54 am »

If you enter Canada as a visitor without telling them that you are really PR, you are in fact misrepresenting yourself at the time of entry but I have absolutely no idea if they take that seriously.

The operational manuals for immigration state that if you apply to renew your PR card and can prove that you resided in Canada for 730 days in the past 5 years, they can not look at any other period.  They even state that if a PR was outside Canada for years, comes back and stays for 730 days, he can apply to renew.

The other thing I don't know is if they will ask you how you got to Canada, possibly with an expired PR card or at the very least without meeting the residency requirements.  They might not be happy if you jumped a fence or entered as a visitor to avoid being checked on entry but I do not know if they would do anything about it.  I have never heard of a case of someone being caught for something like that and either getting in trouble or not getting in trouble because of it.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Alabaman
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« Reply #4 on: July 23, 2011, 06:37:06 am »

The other thing I don't know is if they will ask you how you got to Canada, possibly with an expired PR card or at the very least without meeting the residency requirements.

He still has 1 year left on his PR Card... so that's good.

do you think they will caught that I have one year left to expire my PR card?
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zero
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Posts: 27
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« Reply #5 on: July 23, 2011, 07:44:20 pm »

Hi Leon and Albaman,

Thanks for your advice and time. I got my PR in 2008 july and it will expire 2013. I came also 2008 and stay 4 days and return to EU. Now I am here for 3 weeks  for to judge the job opportunities. I am SAP Consultant in EU. I want to  move in june 2012 finally. I could not move right now, because I am also under medical treatment also over there. So I have just one year left for my PR. When next year I will finally move, could I declare my household things to customs. That time I landed in July 2008, I told that I am not finally move and want to move after 3 years and when I finally move, I will declare my household things. Do you think, when I will come next year, I will do that?, If I do that, will they ask me that you have just one year left, and you did not fulfill the residency requirements!  Should I left my things in EU?Huh  Please give me suggestion!

thanks in advance guys.
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Leon
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Posts: 13713
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« Reply #6 on: July 24, 2011, 01:12:50 am »

If you show up with a list of goods to follow and tell them you are now finally moving to Canada with one year left on your PR card, they know you can not meet the residency requirements and they might start proceedings to revoke your PR.  You would be able to appeal for it based on having been sick and under medical treatment perhaps but nobody can guarantee you that you win the appeal.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
steaky
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« Reply #7 on: July 25, 2011, 01:06:19 pm »

zero, you can declare your household things to customs.  Make sure you prepare a list of items with a B4E form and submit them at time you return to Canada.  The B4 will be stamped and you need the stamped B4 for clear customs when your goods are arrived in Canada.
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