PR Obligation - Rule of 6 months in a year.

[M.R.S]

Few days back my friend was handed a letter that his PR status s being revoked and he can appeal within 60 days against the decision. He was stopped at land entry point and was told that he has been out of Canada for more than 6 months so he has lost PR Status. He is in montreal and is going to file the appeal but i told him that this rule is for citizenship and not for PR status.

Please advice what should he do.

Thans

 

[ttrajan]

Did he stay 2 out of 5 years in Canada?

 

[M.R.S]

Did he stay 2 out of 5 years in Canada?

No.

but his PR Card is still valid for 3 years so he can easily meet the requirement of 720 days

 

[Leon]

This is a very curious case. What exactly does the letter say? There hasn't been a 6 month requirement since 2002.

 

[Msafiri]

No.

but his PR Card is still valid for 3 years so he can easily meet the requirement of 720 days

Your friend seems to have confused the RO status as being linked to the validity of his PR Card which is incorrect. Its linked to the date he landed and determined/calculated by the date he returned to Canada and was examined at the airport. If landed 5 or more years ago then he must have 730 days of physical presence in the 5 year period prior to return to Canada (historic looking). If he is landed less than 5 years then he has to be able to have 730 days of physical presence by the 5th anniversary of his landing date (forward looking). The 6 month aspect of the RO was that under the prior Immigration Act. It was intent driven leading to confusion and for the Feds too lose of an RO requirement so was scrapped once the IRPA was enacted June 2002. It was replaced with 730 days as a factual indisputable reference point.

 

[M.R.S]

i am going to meet him next week, to get more info.

i guess misafri is right he was out of canada for some time after his PR was renewed 2 yrs back

 

[Leon]

If it was a renewal, it is possible that he does not meet the RO even if he has 3 years left on his card. Say for example he stayed in Canada 6 months after his landing, then left and was gone for 3 years, then came back and spent 1.5 years and then renewed his PR card, he would meet the RO with 2 years in Canada. However, if he left after renewing it, the 6 months he spent after his landing move outside the window of the past 5 years and in that case, he is short on the RO by 6 months.

Once you have been a PR for more than 5 years, you always have to have at least 730 days in Canada in the past 5. It is not enough to meet the RO for one PR card renewal and then think it will not be looked at again until the next renewal.

 

[M.R.S]

If it was a renewal, it is possible that he does not meet the RO even if he has 3 years left on his card. Say for example he stayed in Canada 6 months after his landing, then left and was gone for 3 years, then came back and spent 1.5 years and then renewed his PR card, he would meet the RO with 2 years in Canada. However, if he left after renewing it, the 6 months he spent after his landing move outside the window of the past 5 years and in that case, he is short on the RO by 6 months.

Once you have been a PR for more than 5 years, you always have to have at least 730 days in Canada in the past 5. It is not enough to meet the RO for one PR card renewal and then think it will not be looked at again until the next renewal.

Yeah that's true he was given a deportation order with chance to appeal as he had only 200 days stay in last 5 years, although his PR Card is valid for 3 years. He thought that he can stay last 2 years in Canada to retain the PR status but unfortunately he was handed the deportation order.
Please advice what are the chances of successful appeal as he can still met RO if allowed to live in Canada.

Thanks

 

[Msafiri]

..Please advice what are the chances of successful appeal as he can still met RO if allowed to live in Canada...

If he has strong and provable Humanitarian and Compassionate reasons for the absence e.g he/his parent/sibling (and he was the sole carer) was seriously ill for say 1-2 years then his odds of success are good. If his absence is due to a lifestyle choice typically a better job then his odds are slim to none.

 

[HHH2000]

M.R.S

I suggest ask your friend to login to this forum and give complete details about his case ASAP, also suggest him to find a good immigration lawyer to look into his case.

I am asking to come to this forum as WONDER people like Leon and Msafiri can give him heads up how to look into the case and may be he would get an idea how to get out of situation or least he would get an idea of the result of case.

 

[Leon]

In any case, if he doesn't appeal, he accepts his loss of PR and has to leave. However, appealing may be a waste of time if he doesn't have any grounds to appeal and that goes to the reason why he did not meet the RO.

Appealing will allow him to keep his PR for another 1-2 years while they process his case. However, his time spent in Canada under appeal will only count towards the RO if he wins. In his shoes, I'd talk to a lawyer.

 

[samzrk]

I am about to land in Canada through spouse immigration Ill apply for the PR card as soon as I get there, but I might have to leave in a month because I have my university convocation ceremony that I must attend i would be back within two months as we're married but we will have huge reception in Pakistan that our family will throw and everything was already booked 6months ago so for 2 reasons I must go back and be back in 2months.

So in case if my PR card doesn't come in can my husband bring it when he comes a month after me? Will i be allowed to travel back without any objection?
It will come by mail right or will I have to receive it? Im really confused any help will be good.

Thanks

 

[Leon]

I am about to land in Canada through spouse immigration Ill apply for the PR card as soon as I get there, but I might have to leave in a month because I have my university convocation ceremony that I must attend i would be back within two months as we're married but we will have huge reception in Pakistan that our family will throw and everything was already booked 6months ago so for 2 reasons I must go back and be back in 2months.

So in case if my PR card doesn't come in can my husband bring it when he comes a month after me? Will i be allowed to travel back without any objection?
It will come by mail right or will I have to receive it? Im really confused any help will be good.

Thanks

It will come in the mail and your husband can bring it to you.

 

[rajmalhotra7]

although his PR Card is valid for 3 years. He thought that he can stay last 2 years in Canada to retain the PR status but unfortunately he was handed the deportation order.

Thanks

Your friend had incorrect understanding. If you are a PR more than 5 years ago, then as per CIC at any given day, you should have 2 years of residence in Canada in the past 5 years when the determination is made. CIC determines your PR residence eligibility, when you try to enter Canada, or apply for PR renewal, or try to sponsor a family member.

 

[imran364]

My Wife got PR in Jan 2014 she came here in UAE in 16 June 2014 we got married . then she returned to Canada in 27 Nov 2014 & she applied for my sponsorship. when she reached there she realized that she is pregnant. then she came back in 1st May 2015 to deliver the baby here in UAE.
We had a baby boy in August 2015. not we are waiting for decision on my sponsorship application.
Now her stay outside Canada is more than 6 month . we are planning to go back in April 2016
is this OK or there ll be some complications ?