retaining residence with less than 730 days

[Hoogenband]

My PR card will expire in Feb 2016. So far have been in Canada for about 35 days since card issued. If possible, I'd like to stay out of Canada until late summer 2014 at least. So I will probably have max 650 days only by Feb 2016, which is clearly less than 730.
So say I move in August 2014. In Feb 2016, my PR card expires but I want to stay. Legally, can I 'sit tight' in Canada somewhere, between Feb and August 2016, and then renew my permanent residency? Possibly get a new card?


Canadian spouse, job for Canadian company abroad, none of that applies to me.

thanks
Hoog

 

[zardoz]

If you spend more than 1095 days outside Canada before the fifth anniversary of the date that you landed, they can report you on entry.
They probably won't, but the important thing is that they *can*... You are taking a calculated risk, and it could result in the loss of your PR status.

 

[Cappuccino]

My PR card will expire in Feb 2016. So far have been in Canada for about 35 days since card issued. If possible, I'd like to stay out of Canada until late summer 2014 at least. So I will probably have max 650 days only by Feb 2016, which is clearly less than 730.
So say I move in August 2014. In Feb 2016, my PR card expires but I want to stay. Legally, can I 'sit tight' in Canada somewhere, between Feb and August 2016, and then renew my permanent residency? Possibly get a new card?


Canadian spouse, job for Canadian company abroad, none of that applies to me.

thanks
Hoog

Not only can your PR be revoked on entry if you can't possibly meet its renewal criteria, but either you'll apply for its renewal without sufficient days in Canada (in which case it will be refused) or you spend several months out of status. If you are working after your residency expires I believe you'll be doing so illegally, since you have no implied status unless you have applied for PR renewal or citizenship.

Perhaps someone with my direct experience can comment, but I don't believe there's a way you can do this legally.

The PR rules only requiring you to stay 2 years out of every 5 in Canada are already pretty generous. If people want to spend most of their time living outside of Canada, why apply for residency in the first place?

Wayne.

 

[scylla]

Not only can your PR be revoked on entry if you can't possibly meet its renewal criteria, but either you'll apply for its renewal without sufficient days in Canada (in which case it will be refused) or you spend several months out of status. If you are working after your residency expires I believe you'll be doing so illegally, since you have no implied status unless you have applied for PR renewal or citizenship.

Incorrect. If someone who is a PR is in Canada and their PR card has expired - they are still a PR and their status is perfectly legal - meaning they can work just like a regular PR. You don't go out of status just because your PR card has expired.

Yes - it's perfectly legal to remain in Canada after your PR card has expired and to live in Canada on an expired PR card until you have sufficient days to meet the residency requirement and renew your PR card. Many people have done this in the past. The days you spend in Canada after you PR card has expired are not illegal and you are not out of status during this time.

 

[Hoogenband]

thanks for the replies.
Cappuccino - I assumed that would be true, because 2/5 years is generous. But I am intrigued by what Scylla says.
Any further confirmation/agreement/disagreement would be welcome.
So how do you go out of status?
Is it that once the card expires, it would be impossible to enter Canada as a resident? Are you implying that in theory, I could re-enter Canada one day before my card expires, then stay for 730 days without leaving, then become eligible for replacement card?
thanks

 

[banrad]

Please read FAQs # 2 & 8 at the official site of the Government of Canada http://www.canadainternational.gc.ca/uae-eau/visas/faq.aspx
What you're trying to attempt is risky. Especially, if you're entering shortly before the expiry date, it will raise a red flag and the officer will most likely examine you for compliance with residency obligations and initiate enforcement action if he/she deems appropriate.


2. Can I travel to Canada with an expired Permanent Resident (PR) card?

No, you cannot travel to Canada with an expired PR Card. If your PR card is no longer valid and you wish to travel to Canada, you must apply for a Permanent Resident Travel Document (PRTD) at the Canadian Visa Office responsible for your country of citizenship or the country in which you have been legally admitted. If it has been determined that you meet the residency obligations, you will be provided with the travel document that will facilitate your entry to Canada.

8. I do not meet the residency requirements but I have a valid Permanent Resident (PR) Card. Will I be able to enter Canada and resume my PR status?

Yes, you may enter Canada with your valid PR Card. However, the port of entry (POE) officer is authorized to examine you for compliance with residency obligations and initiate enforcement action should it be deemed appropriate. An assessment of whether or not you meet the residency requirements will also be made when you apply for a PR Card renewal. If you do not meet the requirements, you may be asked to leave Canada.

 

[snowjunkie]

I know this is questionable but *could* you enter on a tourist visa and stay, then show the stamp as proof 2 years later and renew the PR card?