clubcanada said:
@ Leon:
the poster wrote that the card will expire in 07-2013 and will NOT being renewed. This reads that there is no valid residence status throughout the study after expiration. Without a valid visa (PR is a visa) you're not allowed to study nor to stay in the country anyway. That's at least my understanding...
The PR
visa is the visa you get in your passport that allows you to land in Canada as a PR. After landing, you have PR
status. Once you have PR status, you keep it until either you renounce it or immigration revokes it.
Since immigration does not plant GPS chips in each PR, they do not always immediately know if a person does or does not meet the residency requirements when they show up on entry. Therefore, if the person gets into Canada with their still valid PR card without being stopped on entry and reported for not meeting the requirements, they remain a PR. Their PR card may expire but there is no law that states that you must have a valid PR card if you live in Canada.
Therefore, a person in that situation can stay for 2 years at which point they meet the requirements again and then apply to renew their PR card. Immigration rules only allow immigration to look at the 5 year period immediately before you applied for the PR card so if they missed somebody on entry to Canada who did not meet the residency requirements and 2 years later get an application from that person to renew their PR card and they have stayed in Canada for those two years, immigration must renew the card. They can not again look at the 5 year period before that person entered Canada the last time, they must look at the 5 years immediately before they applied to renew.
You can read this here:
http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf - page 7 said:
Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.