Residency Status Issue upon Arrival in Canada

[Saul]

Hello everyone!

I would like some advice on the following issue:

I and my wife have a valid PR (until May 2009). We lived in Canada for 360 days, starting with May 2004 then we returned to our native country after my wife gave birth to our child in Canada. We plan to come back in Canada in August 2008.

1. Are we allowed to enter Canada? There will be an evaluation of our residence status upon arrival in August 2008?
2. If we are allowed, what will happen in May 2009 when my PR expires? Based on my calculations, there will be less then 2 years of physical presence in Canada in May 2009? Will we loose our residency status and banned to stay in Canada?

Kind regards,
Saul

[thaiguy]

You'll be allowed to enter and stay in Canada anytime up to May 2009.  However, if you haven't spent at least 2 of 5 years in-country, your PR will expire May 2009.  That means you'd be expected to leave at that time, and subject to removal if you didn't do so voluntarily.