Is my PR card and PR status valid

[Namita29]

Hi,

I became PR of Canada in Aug,2010 and had to return to India in Dec 2010. After that I have not returned to Canada. Its been 3 years and 7 months that I am in India. I lived in Canada for 4 months and 12 days.

Is my PR card still valid? Is my permanent resident status still valid? Can I return to Canada?

My husband is a Canadian citizen and he had sponsored me. We got divorced last November and now we want to be together again.

While calculating the number of days (730 days out of 5 yrs) that I required to stay in Canada, I see that I completed 134 days of stay in Canada. Have to be present in Canada for 596 days. I have already exceeded the number of days in India. If I leave in Aug, I can only complete 500 days out of 596 days.

I want to know:
1. Am I still a permanent resident of Canada?
2. Is my PR card still valid?
3. Can I return to Canada?
4. Will I be deported from the Airport in Canada because I have not completed the required number of days mandatory to keep my PR status?
5. Can I apply for renewal of PR card once I am in Canada?
6. Is there any other important information I need to know about the PR validity, returning to Canada etc.?
7. How can I directly contact CIC or any other concerned office for my query?

Please help.

Thank you.

 

[Leon]

1. Yes, you are still a PR because your status had not been revoked.
2. You would have to look at it for the expiry date but as they are issued for 5 years, it is most likely still valid.
3. Yes, as a PR, you can return to Canada.
4. No, they can not deport you but if they ask and realize that you do not meet the RO, they could report you. If that happens, you are still allowed to enter Canada but you would have to appeal for your PR with your reasons for not meeting the RO. You may live in Canada as a PR during your appeal processing which may take as long as 1-2 years. You may win and keep your PR or lose and be asked to leave. Your husband could however sponsor you back. If your Canadian citizen husband has spent time with you in India, those days count towards the residency requirements too.
5. If you get reported on entry, you can apply to renew your PR card if you appeal but you will only get one for a year at a time. If you don't get reported you should not apply to renew your PR card until you have 730 days in Canada in the previous 5 years. Because you have spent more than 3 years outside, this will not happen until you have been back for 2 years so if you come back in August, you can apply to renew your PR card in August 2016 and you can not leave Canada until then.
6. If you don't get reported on entry, you are in a kind of grey area that you are still a PR but you don't meet the RO. There is actually a loophole in immigration law that allows you to put your PR back in good standing if you get to the point that you meet the RO again without them catching you and reporting you in the meantime. Therefore, if you don't get reported, you should stay for 2 full years, let your PR card expire, don't travel, don't apply for anything from immigration and after 2 years, you meet the RO again and can renew your card.
7. If you don't want to get reported, it is not a good idea to contact immigration beforehand and notify them that you are coming and that you don't meet the RO.

 

[Namita29]

Hi Leon,

That was really very helpful information to my queries. Thank you so much.

I checked my PR card and it expires in Feb 2016. I had returned from Canada without the PR card as it was not issued and my husband visited me in May 2012 and gave me the PR card in India. Now I am confused that my PR period starts from Aug 2010 when I entered Canada till July 2015, then how come my PR card is valid till Feb 2016?

 

[Leon]

Hi Leon,

That was really very helpful information to my queries. Thank you so much.

I checked my PR card and it expires in Feb 2016. I had returned from Canada without the PR card as it was not issued and my husband visited me in May 2012 and gave me the PR card in India. Now I am confused that my PR period starts from Aug 2010 when I entered Canada till July 2015, then how come my PR card is valid till Feb 2016?

The PR card is not issued until after you land and because it is issued for 5 years, it is usually valid a couple of months longer than your first 5 years as a PR. If it was delayed in your case, it could well be that it was not issued until Feb 2011 and therefore valid until Feb 2016.

The expiry date of the PR card has really nothing to do with the 5 year periods. You must meet the RO for your first 5 years as a PR as well as for any other rolling 5 year period after that. Once you have been a PR for more than 5 years, they always look at the past 5.

If you enter in August 2014, as you are not a PR for more than 5 years, they will check if you could still meet the RO on your 5 year PR anniversary. If you enter at some point after you have been a PR for 5 years, they will look at the past 5 years.

 

[Namita29]

Okay. I got it.

Thank you so much Leon. I really appreciate it.

You have really helped me.