Can I apply to renwe my PRC today and trveal to my country

[Huda14]

Dear All,
I landed in 27 July 2009 and went back to my country on 12/ Aug 2009......so total of days =16 days in side canada
I came back for a short visit between 27 March and 3 April 2012........................so total of days =8 days in side canada
I came for final setalment since 27 July 2012 up to date ..................................so total of days =713 days inside canada
So total days out side canada is 1073 days
and inside canada 737 days
My quastion can I apply to renwe my PRC today and trveal to my country and come back on 24/Aug 2014before the expiry date by few days (expire on 28/8/2014)???
Will I have any problem entring Canada????
I can't wait till I recive my new one as they said it take between 3 to 6 month which is long time and I need to see my family.
Thank you.

 

[keesio]

It looks like when you return on 24/Aug, you will be below 730 days in a 5 year period (24/Aug, 2009 - 24/Aug, 2014). So technically you are in violation of your PR obligations. However since your PR card would not have expired, I doubt you would have any trouble coming back in, especially since you have strong ties to Canada since July of 2012.

 

[Huda14]

Hi kessio
thanks for your reply. To clarify(with some corrections) I landed in 27 July 2009 and went back to my country on 12/ Aug 2009......so total of days =17 days inside canada(counting day of arrival and day of dparture)
I came back for a short visit between 27 March and 3 April 2012........................so total of days =8 days in side canada
I came for final settelment since 20 July 2012 up to date of planned application submission (7th Jul 2014)....................so total no. of days =717 days inside canada
Total inside canada(upon application submission) since landing is 742 days. I am booking though to travel on 12 July, Returning on 24th Aug.
can you Explain why would i still be not meeting my residency obligations? i Though that I am fully meeting my requirements.

thnaks.

 

[scylla]

can you Explain why would i still be not meeting my residency obligations? i Though that I am fully meeting my requirements.

thnaks.

The residency obligation is a rolling five years. This means when you return on August 24, 2014 you can only include residency days going back to August 24 (or maybe 25), 2009. So you will lose the 17 days from July 27, 2009 to August 12, 2009.

 

[Huda14]

The residency obligation is a rolling five years. This means when you return on August 24, 2014 you can only include residency days going back to August 24 (or maybe 25), 2009. So you will lose the 17 days from July 27, 2009 to August 12, 2009.

thanks Scylla, taking this in consideration and the fact that i am only travelling on 12th July /returning 24th Aug, this means than upon entering canada again i would have spent 731 days from 24th Aug 2009 till 24th aug 2014, my questions are:
1-is my calculation correct?
2-can i go ahead and travel in the suggested dates?
3- As my PR would only be having few days to Expire upon return, would there be any issues raised by officers? can they not accept entry to canada?
4-my kids (all under 18) would only have 722 days in same Period(Aug 09-aug14), would that be a problem?
5- i am submitting my application on 7th July (with 742 days in canada from landing till submission date). would there be any problem caused by traveling while the renewal application in process?
Thanks a lot.

 

[keesio]

thanks Scylla, taking this in consideration and the fact that i am only travelling on 12th July /returning 24th Aug, this means than upon entering canada again i would have spent 731 days from 24th Aug 2009 till 24th aug 2014, my questions are:
1-is my calculation correct?
2-can i go ahead and travel in the suggested dates?
3- As my PR would only be having few days to Expire upon return, would there be any issues raised by officers? can they not accept entry to canada?
4-my kids (all under 18) would only have 722 days in same Period(Aug 09-aug14), would that be a problem?
5- i am submitting my application on 7th July (with 742 days in canada from landing till submission date). would there be any problem caused by traveling while the renewal application in process?
Thanks a lot.

1. No, you will only have 722 days. Note that the dates of you departure and arrival combine for just one day (each is considered 0.5 days).

Starting from Aug 24, 2009:
You came back for a short visit between 27 March and 3 April 2012........................so total of days =7 days in side canada
You came for final setalment since 27 July 2012 up to 12 July 2014..................................so total of days =715 days inside canada

7 + 715 = 722

2. You can go ahead and travel but note that you are taking a small risk that you could be reported for being in violation of your PR obligation. I think the risk is very small but there still is a risk.

3. The closer you come to your expiry date, the more your risk grows because it will "raise an eyebrow" and make them start looking closer to you status (like if you have enough days in Canada, etc). The smart thing is to not arrive so close to your expiry date.

Note that CBSA will always let you in but they can report you to CIC if they think you failed your PR obligation.

4. Your kids are in the same situation as you but they will look at you closer than them since you are the adult.

5. Since you only have 722 days, you would be in breach of your PR obligations. The risks are mentioned above.

So in summary, whether you should travel or not (and how close to your expiry date you come back) depends on how much risk you are willing to take. Personally, I would not travel because I am risk adverse. I *think* you will be fine but there is no guarantee.

 

[Huda14]

Thank you for the reply.
I would like to add some clarification and kindly answer the coming questions.
1. No, you will only have 722 days. Note that the dates of you departure and arrival combine for just one day (each is considered 0.5 days).

Starting from Aug 24, 2009:
You came back for a short visit between 27 March and 3 April 2012........................so total of days =7 days in side Canada
You came for final settlement since 27 July 2012 up to 12 July 2014..................................so total of days =715 days inside Canada
I came for final settlement since 20 July (this was my mistake in the first post) and if I change my date of traveling to 14 July 2012 …………so total will be =723 days
7 + 723 = 730 (kindly correct me if wrong)


2. You can go ahead and travel but note that you are taking a small risk that you could be reported for being in violation of your PR obligation. I think the risk is very small but there still is a risk. So I think no risk yes?

5. Since you only have 722 days, you would be in breach of your PR obligations. The risks are mentioned above. I am sending my renew application on 7 July with 742 days because the five years start from 27 July 2009 to 7 July 2014 (so the first 18 days of landing will be in the count) kindly correct me if wrong

 

[keesio]

1. Yup, then you would have enough days.

2. Then yes, you are compliant. Maybe CBSA and CIC will give you a hard time because you are so close to the threashold but legally you are fine.

5. Even though you may apply with 742 days, it doesn't mean after the application date that you can then fall out of compliance. If you are caught and they decide to revoke your PR, then it would impact your current application (which is contingent on you maintaining your obligations while your application is being processed) . But since you will be compliant it is a non issue.

 

[Leon]

Right, if you meet the RO and your PR card is less than 6 months away from expiring, you may apply to renew. Travelling during a renewal application shouldn't be a problem.

However, as you will not meet the RO when you return from your trip and while it is more likely that you will be examined because your PR card is about to expire, if you get reported on entry, you will not be examined for your first 5 years as a PR but from the present date and 5 years back and during that time you will not meet the RO.

It is up to you to decide if your trip is important enough that you are willing to take that risk.

 

[CanV]

In many cases people got back in with far less days than yours and were never questioned. It is highly unlikely you will be questioned or reported but lik, Leon and Scylla advised, you should always play safe especially when its only few days difference.

 

[Alurra71]

Dear All,
I landed in 27 July 2009 and went back to my country on 12/ Aug 2009......so total of days =16 days in side canada
I came back for a short visit between 27 March and 3 April 2012........................so total of days =8 days in side canada
I came for final setalment since 27 July 2012 up to date ..................................so total of days =713 days inside canada
So total days out side canada is 1073 days
and inside canada 737 days
My quastion can I apply to renwe my PRC today and trveal to my country and come back on 24/Aug 2014before the expiry date by few days (expire on 28/8/2014)???
Will I have any problem entring Canada????
I can't wait till I recive my new one as they said it take between 3 to 6 month which is long time and I need to see my family.
Thank you.

I might be going somewhat blind here, but even if you wait until July 27 to sign and return your application you will STILL only have 734 days inside of Canada. No matter how hard you try, 16 + 8 + 365 + 365 = 754 ...

but then if I backtrack to another post you made, you said you actually landed on July 20 2009 and not July 27 2009 so then you have 23 + 8 + 365 + 365 (on July 20, 2014) = 761. Now, if you change the date you are leaving Canada to July 7 (assumed you will be signing application on this date) you now have removed 13 days so 761 - 13 = 748.

I guess the question here is, are you planning on being gone for more than 18 days outside of Canada starting on July 7? If you are not planning to return until Aug 24, that means when you actually re-enter Canada you will be at exactly 700 days, so if they DO question/report you at the border for not meeting RO and then they examine you back for Aug 24, 2009 you will be found in breach and could loose your PR. I think that is the statements that everyone is making here. While it MIGHT be unlikely that you have a problem with this, ask yourself if you are willing to take the risk. What if something happens and you can't for some reason fly back on the 24th and your PR card expires?

I guess for you, you need to decide if you are willing to take the risk or if you would rather be sure you have met the RO and have a new valid card that has a better expiration extension than an extra 4 days from your proposed travel dates.