PR Status Obligations

[M.R.S]

Is there any restriction on applying for PR Renewal after the PR Card expired for more than 2 years ?
The PR met the residency obligation and spent 900 days in five years but then left Canada due family issues and never thought of applying for renewal but now after 2 years he wants to apply for renewal of PR Card.

Just wondering whether he can apply or not

Thanks

 

[Msafiri]

Is there any restriction on applying for PR Renewal after the PR Card expired for more than 2 years ?
The PR met the residency obligation and spent 900 days in five years but then left Canada due family issues and never thought of applying for renewal but now after 2 years he wants to apply for renewal of PR Card.

Just wondering whether he can apply or not

Thanks

A PR can apply for a PR Card at any time including when their PR Card is expired. Many PRs do this when they return to Canada and are in breach of the RO so they wait till they are back in RO compliance. What matters is that at the date of the PR Card renewal application you have a minimum 730 days of physical presence in Canada in the 5 year period prior to said application date. Its useful to have a buffer of days and not apply right at 730 days as we see repeatedly on this forum both PR Card renewal and Citizenship applicants mess up their day count (they over count the days when in reality they have a shortfall). PR Card renewal processing times will primarily depend on how easily provable your physical presence for the declared days is e.g if you work full time easier if you are unemployed less so.

 

[M.R.S]

A PR can apply for a PR Card at any time including when their PR Card is expired. Many PRs do this when they return to Canada and are in breach of the RO so they wait till they are back in RO compliance. What matters is that at the date of the PR Card renewal application you have a minimum 730 days of physical presence in Canada in the 5 year period prior to said application date. Its useful to have a buffer of days and not apply right at 730 days as we see repeatedly on this forum both PR Card renewal and Citizenship applicants mess up their day count (they over count the days when in reality they have a shortfall). PR Card renewal processing times will primarily depend on how easily provable your physical presence for the declared days is e.g if you work full time easier if you are unemployed less so.

Thank you for replying.

As you said that a one should have 730 days presence in Canada in last 5 years when one is applying for renewal of PR Card, so the case under discussion is out of Canada for more than 2 years. Even though he had spent more than required 730 days in 5 years of PR card but his absences of last two years can create problem for him.

lets say in 5 years he spent 730 days in different periods, but his PR card expired 2 years back so he cannot count the days spent in first 2 years of being PR for renewal purpose is it right ?

 

[Gravity]

yes U r right I m confused .

 

[M.R.S]

yes U r right I m confused .

To remove your confusion lets put it this way

Got PR in 2005
Spent 200 days in 2005
spent 150 days in 2006
spent 150 days in 2007
spent 150 days in 2008
spent 150 days in 2009

Total no of days spent in 5 years of PR = 800 days

but the permanent resident did not applied for PR Card renewal upon expiry in 2009 and left canada. In 2012 he thought of applying for renewal of PR Card, so in last five years his no of days spent in Canada will be

zero days in 2011
zero days in 2010
150 days in 2009
150 days in 2008
150 days in 2007

Which comes down to 450 days in last 5 years. Is he eligible now for renewal of PR Card or not ?

 

[Msafiri]

Thank you for replying.

As you said that a one should have 730 days presence in Canada in last 5 years when one is applying for renewal of PR Card, so the case under discussion is out of Canada for more than 2 years. Even though he had spent more than required 730 days in 5 years of PR card but his absences of last two years can create problem for him.

lets say in 5 years he spent 730 days in different periods, but his PR card expired 2 years back so he cannot count the days spent in first 2 years of being PR for renewal purpose is it right ?

You can only consider 730+ days in the 5 year period before the application date. These 730+ days do not have to be consecutive they can be anywhere in the 5 year window. Any days spent in Canada that are outside the 5 year window are disregarded. That's what the law says so I fail to see where the confusion is. To illustrate:

1. PR landed in Canada Jan 1, 2009 (for simplicity lets assume PR Card issued on the same date).

2. PR lived in Canada until Jan 1, 2012 (so 3 years = 1095 days)

3. PR exits Canada Jan 1, 2012

4. PR Card expires Jan 1, 2014

5. PR applies for PR Card Aug 1, 2015....CIC will only look at 5 year window between Aug 1, 2010 to Aug 1, 2015. The PRs 'in Canada' days between Jan 1, 2009 and July 31, 2010 are disregarded. Only the days from Aug 1, 2010 to Jan 1, 2012 are considered. The PR has a shortfall in days for the time period under review so they should not apply for PR Card renewal as the breach will come to light and could lead to revocation of PR status. We don't have your dates but do something similar to figure where you stand.

 

[M.R.S]

You can only consider 730+ days in the 5 year period before the application date. These 730+ days do not have to be consecutive they can be anywhere in the 5 year window. Any days spent in Canada that are outside the 5 year window are disregarded. That's what the law says so I fail to see where the confusion is. To illustrate:

1. PR landed in Canada Jan 1, 2009 (for simplicity lets assume PR Card issued on the same date).

2. PR lived in Canada until Jan 1, 2012 (so 3 years = 1095 days)

3. PR exits Canada Jan 1, 2012

4. PR Card expires Jan 1, 2014

5. PR applies for PR Card Aug 1, 2015....CIC will only look at 5 year window between Aug 1, 2010 to Aug 1, 2015. The PRs 'in Canada' days between Jan 1, 2009 and July 31, 2010 are disregarded. Only the days from Aug 1, 2010 to Jan 1, 2012 are considered. The PR has a shortfall in days for the time period under review so they should not apply for PR Car renewal as the breach will come to light and could lead to revocation of PR status. We don't have your dates but do something similar to figure where you stand.

Thanks for explaining in detail.

Now one more thing . Is this law for being in Canada for 730 days in last 5 years also applies for Travel Document ?

Thanks once again

 

[Msafiri]

........Which comes down to 450 days in last 5 years. Is he eligible now for renewal of PR Card or not ?

No he is not unless he qualifies under clauses in the laws that consider days spent outside of Canada as if they were days spent in Canada which are:

1. Working for the Government of Canada - Federal/ Provincial e.g armed forces, diplomatic posting
2. Accompanying a PR Spouse or parent in 1
3. Accompanying a Canadian Citizen spouse
4. In employment for a Canadian Company on a secondment and temporary basis - since CIC knew so many PRs would try to abuse this route they made the criteria very tough...don't bother if you are a one man small time incorporation (revenue, staffing, turnover, tax base).

 

[M.R.S]

No he is not unless he qualifies under clauses in the laws that consider days spent outside of Canada as if they were days spent in Canada which are:

1. Working for the Government of Canada - Federal/ Provincial e.g armed forces, diplomatic posting
2. Accompanying a PR Spouse or parent in 1
3. Accompanying a Canadian Citizen spouse
4. In employment for a Canadian Company on a secondment and temporary basis - since CIC knew so many PRs would try to abuse this route they made the criteria very tough...don't bother if you are a one man small time incorporation (revenue, staffing, turnover, tax base).

Thank you

your information is very helpful

God Bless u

 

[Msafiri]

Thanks for explaining in detail.

Now one more thing . Is this law for being in Canada for 730 days in last 5 years also applies for Travel Document ?

Thanks once again

It applies to any time you are 'examined' which checks your compliance with the RO. 'Examination' occurs when you apply for PR Card renewal, PRTD, Sponsorship and admission at the border. Spend some time reading the many threads (well actually most of them seem to be on this) on this forum of PRs who have gambled on the RO and are stuck outside Canada without a valid PR Card.

 

[odabbo]

Hi!
I am a Canadian Citizen and just got offered a job outside Canada. My wife will receive her PR card in August 2015. Can she accompany me without losing her PR status? Do we have to notify anyone before she leaves or fill out any applications?

 

[keesio]

Hi!
I am a Canadian Citizen and just got offered a job outside Canada. My wife will receive her PR card in August 2015. Can she accompany me without losing her PR status? Do we have to notify anyone before she leaves or fill out any applications?

Yes it is fine. I don't think you have to notify anyone but I'm not sure. Hopefully someone can confirm.

 

[canuck_in_uk]

Yes it is fine. I don't think you have to notify anyone but I'm not sure. Hopefully someone can confirm.

There is no need to notify anyone.

 

[odabbo]

Yes it is fine. I don't think you have to notify anyone but I'm not sure. Hopefully someone can confirm.

Does she need to be present each year or can she come to Canada before 6 months of PR expiration?

 

[keesio]

Does she need to be present each year or can she come to Canada before 6 months of PR expiration?

Her PR status will not expire. Just her PR card. She doesn't need a PR card to keep PR status. She just needs to be living with you while outside Canada. So she can remain with you outside Canada for as long as she wants and let her PR card expire. The only issue is if she does not have a visa-exempt passport and she wants to go back to Canada. She will need to apply for a travel document to go back to Canada (unless she is coming back from the USA in a private car).