Can I still go back to Canada?

[sprocket]

Hello!

I need advise regarding my situation. I am out of Canada since February 24, 2012 and I am planning to go back for good on January 30, 2015. I have been a PR since November 2006. Left Canada for a vacation on December 15, 2007 then came back March 8, 2008 and have since stayed in Canada until Feb. 2012. I have renewed my PR card last November 2011. I received it January 2012 and the date of expiration is on January 2017. As per PR rules, I am allowed to stay outside Canada for 3 years in every 5 rolling years. So does that mean if I counted 5 years backward on my supposedly arrival in Canada (January 2015), I am still on the safe side since I have been in Canada from 2010-2012 (say counting 5 years backwards 2015-2010)? Or should it be based on my PR card expiration date which is Jan. 2017? If it would be based that way then it would count from 2012-2017? So it would be, 2012-2015 (I'm out of Canada) then 2015-2017 (will stay in Canada)?

Timeline:
November 2006 - PR/PR card received
December 15, 2007 - Left Canada for a vacation
March 8, 2008 - Came back to Canada
November 2011 - Renewed PR card
January 2012 - Received 2nd PR card
February 24, 2012 - Left Canada
January 2015 - Will go back to Canada

Another question is will they ask me why I have been away for 3 years? (reason is I took care of my parents who has health issues). Can I use the Automated border clearance when i enter at Vancouver airport?

Thank you very much in advance to anyone who can answer my questions.

 

[zardoz]

The expiry date on the PR Card is irrelevant when calculating the residency obligation requirements. The check is based on the 5 years (1825 days) immediately preceeding the date of examination.

 

[sprocket]

Thanks for replying. With that, am I still safe to go back to Canada? Calculating that I am in Canada for 2 years (2010-2012) and left 2012 and going back on January 2015? Will there be issues?

Thanks so much!

 

[Alurra71]

Thanks for replying. With that, am I still safe to go back to Canada? Calculating that I am in Canada for 2 years (2010-2012) and left 2012 and going back on January 2015? Will there be issues?

Thanks so much!

It would appear that you are going to be right on the literal edge and they may or may not report you.

Once you are back in Canada again though in January, you won't be able to leave again until you gather some time back up.

 

[sprocket]

Thanks for replying. Regarding reporting, what would be their grounds for reporting? When you stayed for 3 years outside Canada but fulfilled the 2 years residency obligation within 5 years, there is still a chance that they will report you?

Thanks (feeling anxious)

 

[Alurra71]

Thanks for replying. Regarding reporting, what would be their grounds for reporting? When you stayed for 3 years outside Canada but fulfilled the 2 years residency obligation within 5 years, there is still a chance that they will report you?

Thanks (feeling anxious)

Based on the information you provided you are very close to the 1095 day mark OUTSIDE of Canada. The closer you are to that date, the harder CBSA may look at your time outside of Canada. Remember, CBSA is NOT CIC and can't make a determination on your PR but if they suspect you might be out of your RO then can report you to CIC who will launch an investigation into your absence. To keep it very simple for yourself, always, always, always ensure you have no more than 1094 days OUTSIDE of Canada in ANY rolling 5 year time period. Even if CBSA reports you on day 1094 as long as you have required days in Canada CIC will not revoke your PR.

Another rule of thumb that any PR would be wise to follow, although many don't, would be to keep a large buffer of 'extra' days inside of Canada so if any single dates are disputed you have another to take it's place.

 

[sprocket]

Thank you so much!

I better make sure to book a one way flight to Canada for January. I believe i still have less than 30 buffer days of the 3 year period so I would want to believe I am in the safe side but will be prepared as well.

One more question, can I use the automated border clearance in the airport?
Thanks again!

 

[keesio]

If the airport you are going to has it, then yes you can use the kiosk. If you are going to use the kiosk, I would make sure you have extra buffer days.