Confused on PR Validity

[_Harry_]

I got this weird thought today on PR validity so though of sharing. Here goes..

Let's say someone got PR in 2014 and he/she did a soft landing in Canada on say 1st Jan 2015.
As per current rules, that person will be issued a PR card having validity from Jan 2015 till Dec 2020.

That being said, there is also a condition that a person has to reside within Canada for at least 2 years for the PR card to be extended for next 5 years. 3 years to be eligible for Citizenship.
Now what if the person performed soft landing in 2015, went back to his/her country and then came back in say mid 2019. The person won't be able to complete the 2 years stay by the time PR validity expires.

Ques 1: Will this person be given extension in the PR (to complete his 2 years to reclaim PR) or he/she has to return back to his country after Dec 2020 and re-apply for PR?
Ques 2: Can Visa officers at airport rejects the entry of the person stating that he/she won't be able to complete the requirement of PR continuity?
Ques 3: What things one needs to take care of while performing soft landing?

 

[canuck78]

First you need to ignore the expiry date on your PR card. What is important is that you spend 2 years in Canada within 5 years from Jan 2015.

Question 1: No the person should come back to Canada in order to meet the 2 year requirement before 1st Jan 2020. If they arrive later than Jan 1st 2018 they can be reported when they reenter Canada for not meeting their RO and their PR can be revoked. The person might get lucky and arrive in Canada without being reported. If that is the case they shouldn't leave or have contact with immigration for 2 full years.
Question 2 : They won't refuse entry but will report you and the process to revoke your PR will start. There is an appeal process.
Question 3: Technically all you need is to land and sign up for your PR card.

 

[dpenabill]

I got this weird thought today on PR validity so though of sharing. Here goes..

Let's say someone got PR in 2014 and he/she did a soft landing in Canada on say 1st Jan 2015.
As per current rules, that person will be issued a PR card having validity from Jan 2015 till Dec 2020.

That being said, there is also a condition that a person has to reside within Canada for at least 2 years for the PR card to be extended for next 5 years. 3 years to be eligible for Citizenship.
Now what if the person performed soft landing in 2015, went back to his/her country and then came back in say mid 2019. The person won't be able to complete the 2 years stay by the time PR validity expires.

Ques 1: Will this person be given extension in the PR (to complete his 2 years to reclaim PR) or he/she has to return back to his country after Dec 2020 and re-apply for PR?
Ques 2: Can Visa officers at airport rejects the entry of the person stating that he/she won't be able to complete the requirement of PR continuity?
Ques 3: What things one needs to take care of while performing soft landing?

Agree with what canuck78 stated.

For emphasis: PR card dates are NOT relevant in calculating compliance with the PR Residency Obligation.

The PR RO is actually simple: 730 days in Canada within any five year time period beginning the date the PR lands and becomes a PR. That gives the PR the first five years to be in Canada at least 730 days, and as of the fifth year anniversary PR RO compliance is calculated based on counting days in Canada during the five years preceding that day.

Thus, if the PR is outside Canada more than 1095 days prior to the fifth year anniversary of the day of landing, the PR is then in breach of the PR RO because it is then impossible to meet the PR RO. (That is, Canada does not need to wait to the fifth year anniversary to do the calculation: most describe the calculation during the first five years as adding the total number of days in Canada so far plus the number of future days until the fifth year anniversary, and as long as that total is 730 or more the PR is in compliance . . . but the arithmetic is easier to just realize that a PR will be in breach if he or she is outside Canada for more than 1095 days before the fifth year anniversary.)

So the PR who makes a soft landing and stays just a few days must be back in Canada within three years of the day the PR left Canada (at the very latest; obviously, cutting-it-close has risks). Otherwise, if the PR is outside Canada more than 1095 days, the PR is in breach of the PR RO and subject to being reported for inadmissibility and losing PR status.

Thus, for example, some PRs have lost PR status when they landed, left, and did not return to Canada until three plus some years passed, even though they still had PR cards which were valid for another year plus.

Procedures involved if Reported for Inadmissibility are discussed at length in other topics.

An additional key thing to do soon upon landing is apply for and obtain a SIN (Social Insurance Number), which is what the immigrant needs to work.

 

[_Harry_]

Agree with what canuck78 stated.

For emphasis: PR card dates are NOT relevant in calculating compliance with the PR Residency Obligation.

The PR RO is actually simple: 730 days in Canada within any five year time period beginning the date the PR lands and becomes a PR. That gives the PR the first five years to be in Canada at least 730 days, and as of the fifth year anniversary PR RO compliance is calculated based on counting days in Canada during the five years preceding that day.

Thus, if the PR is outside Canada more than 1095 days prior to the fifth year anniversary of the day of landing, the PR is then in breach of the PR RO because it is then impossible to meet the PR RO. (That is, Canada does not need to wait to the fifth year anniversary to do the calculation: most describe the calculation during the first five years as adding the total number of days in Canada so far plus the number of future days until the fifth year anniversary, and as long as that total is 730 or more the PR is in compliance . . . but the arithmetic is easier to just realize that a PR will be in breach if he or she is outside Canada for more than 1095 days before the fifth year anniversary.)

So the PR who makes a soft landing and stays just a few days must be back in Canada within three years of the day the PR left Canada (at the very latest; obviously, cutting-it-close has risks). Otherwise, if the PR is outside Canada more than 1095 days, the PR is in breach of the PR RO and subject to being reported for inadmissibility and losing PR status.

Thus, for example, some PRs have lost PR status when they landed, left, and did not return to Canada until three plus some years passed, even though they still had PR cards which were valid for another year plus.

Procedures involved if Reported for Inadmissibility are discussed at length in other topics.

An additional key thing to do soon upon landing is apply for and obtain a SIN (Social Insurance Number), which is what the immigrant needs to work.

That was very helpful and informative.
Can you please shed some light on the things one needs to bring along and formalities one can fulfill during soft landing (like SIN you mentioned above), that will help once the person permanently moved to Canada.
If the above info is too much to ask (I really hope its not ) and If you want to point to the relevant threads or web pages instead, that will be helpful too.

Thank you!

 

[dpenabill]

Can you please shed some light on the things one needs to bring along and formalities one can fulfill during soft landing (like SIN you mentioned above), that will help once the person permanently moved to Canada.
If the above info is too much to ask (I really hope its not ) and If you want to point to the relevant threads or web pages instead, that will be helpful too.

I believe there are more relevant discussions about this in the "settlement issues" part of the forum.
see https://www.canadavisa.com/canada-immigration-discussion-board/forums/settlement-issues.14/

(I have not followed settlement logistics for some time, having been in Canada now for well more than a decade and becoming a PR nearly a decade ago, and a citizen more than four years ago. My interests in the forum are mostly related to matters involving litigation or quasi-litigation in grant citizenship applications and loss of PR status, such as Inadmissibility proceedings leading to loss of PR status.)

BUT getting the SIN is one of the more obvious and important things to do right away, even if only briefly in Canada. And it is quite easy, the landed PR qualifies immediately, and it can usually be obtained without waiting for a PR card (so long as it is done within a certain amount of time after landing). Generally the PR needs to visit a Service Canada office. For more info see https://www.canada.ca/en/employment-social-development/services/sin/apply.html

 

[canuck78]

There is not much that needs to be done during a soft landing but you need to do some research on your own. Their is plenty of information on the internet about moving to Canada.

 

[_Harry_]

I believe there are more relevant discussions about this in the "settlement issues" part of the forum.
see https://www.canadavisa.com/canada-immigration-discussion-board/forums/settlement-issues.14/

(I have not followed settlement logistics for some time, having been in Canada now for well more than a decade and becoming a PR nearly a decade ago, and a citizen more than four years ago. My interests in the forum are mostly related to matters involving litigation or quasi-litigation in grant citizenship applications and loss of PR status, such as Inadmissibility proceedings leading to loss of PR status.)

BUT getting the SIN is one of the more obvious and important things to do right away, even if only briefly in Canada. And it is quite easy, the landed PR qualifies immediately, and it can usually be obtained without waiting for a PR card (so long as it is done within a certain amount of time after landing). Generally the PR needs to visit a Service Canada office. For more info see https://www.canada.ca/en/employment-social-development/services/sin/apply.html

Thank you once again!