2/5 year rule

[driq]

Dear moderator i am in great trouble please read my situation deeply and answer in detail

i was granted Pr in Dec 2002
lived in canada from 12-2002 to 05-2004
then went to home country
again lived in canada from Dec 2005 to Feburary 2006
again left canada
then again lived in canada from may 2006 to february 2007
then again left canada
again lived canada from Dec-2007 to jan-2008 and applied for renewal of pr but during processing i had to leave canada in jan-2008

then from local embassy i applied for travel document
i was granted R-1 visa in Mar-2008 declaring that i have met residency obligation
i went canada on thas visa in april 2008 and got my renewed pr card and lived there upto Dec-2008
now from Dec -2008 to may 2009 i am again out of canada

1.please explain if i am meeting 2/5 year period condition or have lost my pr status
2. after passing first 2/5 do now i have next five years more for physical presence as my second pr card will expire in 2011

thanks
ijaz

 

[Leon]

1. You need to calculate the actual dates. Your stay from 2002-2004 does not count anymore because it is more than 5 years old. Dec'05 to Feb'06 is approximately 2 months. May'06 to Feb'07 is 9 months. Dec'07 to Feb'07 is 1 month. Apr'08 to Dec'08 is 8 months. So as far as I can see, you have 20 months in the last 5 years when you should have 24. That means you have lost your PR status.

2. The expiry date on the PR card does not matter unless it's your first PR card. According to http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp if you have been a PR for less than 5 years, they will look at if you can still reach 730 days (=24months=2years) in your first 5 years as a PR. If you have been a PR for more than 5 years, they will look at the previous 5 years.