Do they count 3 years from PR issue date or from last visit?

[sha70pk]

Hello Everyone,
My PR card expiry is January 2015. After receiving my PR I stayed two weeks in Canada then came back to my native country. After that I came to Canada again and stayed for 13 days in March 2010. After then my last stay was from 9th July 2010 to 14 July 2010. and still now I'm in my native country.

(My question#1 ) is that the 3 years which one can stay outside the Canada are counted from Issue date of PR card or from last visit?

(my question#2) is that my PR card is expiring January 2015 and Im planning to go to Canada on 15th June 2013, so would I able to enter Canada?

I'm looking forward for a quick response. Please reply everyone. Thanks

 

[emamabd]

Hello Everyone,
My PR card expiry is January 2015. After receiving my PR I stayed two weeks in Canada then came back to my native country. After that I came to Canada again and stayed for 13 days in March 2010. After then my last stay was from 9th July 2010 to 14 July 2010. and still now I'm in my native country.

(My question#1 ) is that the 3 years which one can stay outside the Canada are counted from Issue date of PR card or from last visit?

(my question#2) is that my PR card is expiring January 2015 and Im planning to go to Canada on 15th June 2013, so would I able to enter Canada?




I'm looking forward for a quick response. Please reply everyone. Thanks

Not sure what you mean by the 3 years counting?

In short - to be able to renew your PR you must have stayed at least 2 years out of 5 (from the date you became a PR). Looking at your timelines it seems you will not be able to complete 2 years by the time your PR expires. On previous similar threads in this forum - seniors have suggested that you apply for the renewal only when you complete your 2 years - i.e. assuming you arrive in June 2013 as you had planned - and then you can apply for renewal in June 2015 and not January 2015.

You should not have a problem entering canada, but you may be reported by CIC when you arrive.

 

[emamabd]

Hello Everyone,
My PR card expiry is January 2015. After receiving my PR I stayed two weeks in Canada then came back to my native country. After that I came to Canada again and stayed for 13 days in March 2010. After then my last stay was from 9th July 2010 to 14 July 2010. and still now I'm in my native country.

(My question#1 ) is that the 3 years which one can stay outside the Canada are counted from Issue date of PR card or from last visit?

(my question#2) is that my PR card is expiring January 2015 and Im planning to go to Canada on 15th June 2013, so would I able to enter Canada?

I'm looking forward for a quick response. Please reply everyone. Thanks

you might find it useful to go through the below threads:

http://www.canadavisa.com/canada-immigration-discussion-board/pr-renewal-question-t149044.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/expired-pr-card-for-3-years-pls-help-t148428.0.html

 

[Leon]

I think you have misunderstood the residency obligation. You can be outside Canada for up to 1095 days (3 years) in your first 5 years as a PR or any other rolling 5 year period after that. It's not just 3 years at a time, it's actually accumulated 1095 days over the 5 year period.

So far, since landing as a PR, you have stayed for 2 weeks + 13 days + 6 days. That's 33 days you have stayed so far, about a month. Since you need 730 days in Canada = 24 months = 2 years in order to meet the residency obligation and I suppose you landed in late 2009 or early 2010 so if you arrive in mid year 2013, you will only have about 18 months to meet the residency requirements of 23. That does not compute.

According to immigration rules, the immigration officers must let you in but if they believe that you do not meet the residency requirements, they can report you If they do, you will have to appeal for your PR. If you have no mitigating circumstances like taking care of sick relative, own health problems etc., you will probably lose that appeal and your PR and be asked to leave.

If you are not reported on entry and you want to revive your PR, you must stay in Canada for at least a full 2 years even if your PR card expires in the meantime. This is not against the law. You are still a PR if you have not been reported and have not officially lost your PR status. You can still work and go about your business. It would however not be wise to apply to renew your PR card early or apply for anything else from immigration like to sponsor a family member for example. Once you have 2 years, you will meet the residency obligation for the past 5 years and can apply to renew your PR card without any consequences.

 

[sha70pk]

Thank you for your answers.
Mr. Leone I want to ask that :
1. As My PR is going to be expire in 1.5 years, according to your analysis is this a common practice for Immigration Officer to report for people who are short on their Residency requirement?

2. As my last visit was on 10th July 2010, now If I go back to Canada on 15th June 2013. So Am I in position to claim that I'm returning back to Canada before completion of 1095 days If immigration official ask me?

Waiting for your quick response. Thanks

 

[Leon]

It is not very common for them to report people. It's a little dangerous to lie to them about already having 6 months in Canada and coming back to complete the last 18 because you don't know what they know. If they catch you in a lie, they might give you more trouble. Just be apologetic.

If you must say something, say that if you have exceeded 3 years outside, you did have good reasons, taking care of sick mother or whatever and you will prove this to immigration when you apply to renew your PR card. It may also be a lie but they can not disprove it. They will then probably let you pass without reporting you and figure that you will have a problem when you apply to renew your PR card but of course they don't know that you will not apply to renew your PR card until you already have your 2 years.

 

[sha70pk]

Thank you so much for your answers. you have been very helpful.

 

[Leon]

Of course you should also not elaborate and attract attention to yourself. Just answer if you ask. Some big airports also have a line where you swipe your own PR card and so you may go through without even talking to anybody.

 

[sha70pk]

Alright and do they have card swiping system in Toronto Airport(Pearson Airport)? and In case of getting reported, Immigration officer at the airport also take the PR card back? and when official file a report does he issue any letter to the person? OR CIC issues the letter through post?

Waiting for your response. Thanks Leone.

 

[Leon]

Alright and do they have card swiping system in Toronto Airport(Pearson Airport)? and In case of getting reported, Immigration officer at the airport also take the PR card back? and when official file a report does he issue any letter to the person? OR CIC issues the letter through post?

Waiting for your response. Thanks Leone.

According to http://cbsa-asfc.gc.ca/media/release-communique/2013/2013-05-21-eng.html Pearson airport has the self-service system at least in Terminals 1 and 3. The immigration officers to not have the right to take your PR card but if they decided to report you, they would give you paperwork in order for you to be able to appeal.

 

[Pippin]

A warm +1 to Leon for the thoughtful responses.