Canadian PR renewal

[mohan999]

Hi,

I got Canadian PR -2013 and landed July-2013. stayed 4 days and completed all formality. I worked company has open Canadian operation 2.5 years ago. I was working with that company 4 year 6 month. Now I moved to Canada this june 2016. Now I can use my stay in US where company operating branches in Canada almost 2 years.

I have not filed tax last 3 years in Canada. I would like to know I can apply my renewal now asking count my days stayed outside Canada almost 2 years.

any possibility my application will be reject or depart from country ?

What are the document required to support company has operation in Canada etc ?

my PR is valid until sep-2018. Like to know know can I apply now get renewal because it take 6 month to 9 month get new one.

Kindly answer and thanks in advance.

Regards,
Mohan

 

[Leon]

You can not use days working for this company in the US as a part of your PR residency requirements. The reason is that it is a US company with a Canadian branch and the Canadian branch has actually only been open for about half of the time you were working there. In order to count days working for a Canadian employer outside Canada, it would have to be a Canadian company with a US branch and you would have had to be working for them in Canada first before being transferred to a full time position abroad. This is certainly not the case for you.

As you landed in July 2013 and only stayed 4 days and returned only in June 2016, you have spent almost 3 years outside Canada since you landed as a PR. Since you are close to the limit, you would be better off staying in Canada for the next 2 years straight if you want to avoid risking your PR.

If you have already taken vacations in the US or other countries since you returned to Canada, it is possible that you are already over the limit and in that case, it would be important that you not try to apply to renew your PR card until you have rectified that, even if you have to let it expire.

You are allowed to apply to renew your PR card up to 9 months before it expires. However, there is a bit of a problem with the RO because even if you still haven't been outside Canada for 1095 days or more since you landed, your first 5 years as a PR aren't up so you still could. Therefore it is possible that immigration would delay your application.

I don't get why you think that a PR card renewal would take 6-9 months though. According to http://www.cic.gc.ca/English/information/times/ it takes 57 days right now to renew your PR card and there's no law that says you must renew before it expires.

 

[mohan999]

Thanks;

I need to stay Canada another 2 years without any vacation and can apply august 2018 will be easy to get renewal ?

If I stayed 3 month using Work permit before get PR will consider my dates in Citizenship. While applying Canadian Citizenship will consider my stay in outside country and stay while work permit ?

When will get 3 years Citizenship rule become effective ?

I can travel short vacation- 20 days next year any risk ?

Thanks
Mohan

 

[canuck_in_uk]

If I stayed 3 month using Work permit before get PR will consider my dates in Citizenship. While applying Canadian Citizenship will consider my stay in outside country and stay while work permit ?

I can travel short vacation- 20 days next year any risk ?

Your time outside of Canada will not be counted. Under the 3 out of 5 rule, you will not qualify for citizenship until mid 2019.

Yes, there is risk if you travel. You do not meet the Residency Obligation. If you are reported by CBSA when re-entering the country, they will start proceedings to revoke your PR status. As you have no H&C grounds, you would have no chance if you appeal and would lose your status.

 

[Leon]

Thanks;

1) I need to stay Canada another 2 years without any vacation and can apply august 2018 will be easy to get renewal ?

2) If I stayed 3 month using Work permit before get PR will consider my dates in Citizenship. While applying Canadian Citizenship will consider my stay in outside country and stay while work permit ?

3) When will get 3 years Citizenship rule become effective ?

4) I can travel short vacation- 20 days next year any risk ?

Thanks
Mohan

1) If you apply for PR renewal at a time that you meet the RO and can prove it with travel logs, employment records and other documents, then you shouldn't have a problem. However, you should not apply as soon as you meet the RO but give it a bit of a buffer, maybe 20 days or so.

2) Canadian citizenship will certainly not consider time you spent outside Canada working for a US company. As for time spent on a work permit in Canada, it doesn't count right now but if they change the rules, it may count in the future. However, it was so long ago, that by the time you qualify to apply for citizenship, it will no longer be considered.

3) The new law should be in effect soon. In any case before you will be ready to apply.

4) Yes, there is a risk. If you do not meet the RO anymore, each time you enter Canada, you are taking the risk that the immigration officer will note that and report you. If you get reported, it means they are investigating your PR and getting ready to revoke. You can appeal but if your only reason for not meeting the RO is having chosen to work in the US, that is not really a reason they would accept.