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2 Years into PR

Discussion in 'Permanent Residence in Canada' started by ca_hopeful, Oct 26, 2019.

  1. Hi,
    I live and work in the US and hold a Canadian PR. I received my COPR in October 2017 and made my first landing in January 2018. I have the following questions and I'd appreciate if anyone could help.

    1. When does my 5 year period start? Is it from date of COPR or date of landing?

    2. I have a job in the US and I am not sure if I can move to Canada before its >730 days from expiry of PR/COPR. Is there any chance that I could renew my PR card if I enter with less than 730 days? I read in some threads if I enter Canada with less than 730 days, I could renew my card if I stay for 2 years straight. But is it legal to stay in Canada with an expired PR card?

    3. I also read that CBSA could flag you for less than 730 days at border. Why would they do that if my card is still valid? Is this a common practice?

    4. I am trying to get an internal transfer from my company and for that to happen, it might take another year or more and when that happens I will have less than 730 days. If it happens will I be able to sponsor my child who is a US citizen with less than 730 days validity? If that is not possible, how can my child stay in Canada beyond 6 months (US citizens can stay upto 6 months in Canada I assume)

    Thanks in advance.
     
  2. 1. Date of landing. If you left the day of landing, you have 3 years from that date in Jan 2021 to return to still be in compliance of the RO.

    2. If you enter without being reported and remain for 2 years, you would be in compliance with the RO and able to apply for renewal. There is no legal requirement to have a valid PR card in Canada.

    3. They would do it because you don't meet the Residency Obligation. It is common enough.

    4. If you don't meet the RO, you don't qualify to sponsor. You would have to wait until you have 2 years in Canada to once again. During that time, your child may not have access to healthcare and you would be dependent on IRCC to continue to extend the child's visitor status.
     

  3. Thanks for the reply. Some follow up questions.

    3. Assuming I enter Canada before 730 days and I travel in and out for some reason after that. Will I have to carry proof of stay in Canada for CBSA to verify?

    4. If I enter before 730 days will I be able to sponsor my child? Or is that possible only after I spend atleast 730 days even in my 5 year period?
     
  4. 3. If you want to travel in and out of Canada you must arrive before the 3 year mark so you can meet your residency obligation within those 5 years. You must be living in Canada to sponsor your child.

    4. You have to be compliant with your RO to sponsor your child. When you move to Canada you must still be able to meet the 730 days within 5 year requirement.
     

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