Hello

[roomiali]

hello

 

[PMM]

Re: Plz answer

Hi

I landed in Canada 22-june-2008. I became resident of Canada 22-june-2008. Now 20-october-2013, I want to apply for my renewel.They will count my 730 days from 22-june-2008 or from 20-october-2008?
Plz reply

20/Oct/2008

 

[Leon]

Re: Plz answer

They only count a 5 year window so if you apply 20th of Oct. 2013, they will start from 20th of Oct. 2008. Otherwise it would be more than 5 years.

 

[Leon]

Re: Plz answer

The date on your PR card is not a mistake. It is valid 5 years from when it was issued. It is your mistake to think that the PR card expiry date somehow gives you 5.5 years to meet the residency requirements for 5 years.

In fact, you should have met your RO of 730 days for your first 5 years 22 June 2008 - 22 June 2013 and if you did, you could have applied to renew it then already. After having been a PR for 5 years, you should always have 730 days in the past 5 years.

In any case, since you don't meet the requirements from Oct. 20th 2008 until Oct. 20th 2013, then you can not apply to renew right now. You must stay in Canada until such a date that you have 730 or more days in Canada within the past 5 years and then you can apply to renew. If that means that you must let you PR card expire, that is ok. There is no law that says you must apply to renew before your card expires.

 

[Leon]

Re: Plz answer

A1: Your months stayed after June 22 2008 would have counted towards meeting the RO for your first 5 years as a PR although you did not actually meet it. You were just lucky they didn't catch you. If they would have realized last time you entered Canada that you had been outside Canada so much that you did not meet the RO any more for your first 5 years, they could have reported you and started proceedings to revoke your PR.

A2: Since they didn't catch you, they can no longer go back to the period June 22 2008 - June 22 2013. They can only look at the past 5 years when you apply. For example, if you meet the requirements on January 1 2014 counting from January 1 2009, you can apply then and that would be the only period they can consider.

 

[Leon]

Re: Plz answer

Thank u Leon.

I was landed immigrant by 22 june 2008. Dates should be on my pr card 22 june 2008 to 22 june 2013.

No, the dates on your PR card do not necessarily have to match with your first 5 years as a PR. The PR card date starts when it is issued and it is valid for 5 years from that date. In most cases it is valid for at least a couple of months after the 5 year PR anniversary because in most cases it was issued a couple of months later or in your case a few months later. It can also happen that a person loses their PR card and has to apply for a new one. If they lose it after 2 years for example, they will get a new card that is issued for 5 years and it will not have the expiry date of their 5 year PR anniversary.


unfortunately I did not get my first pr so they have issued me new pr card with these dates 4 December 2008 to 4 December 2013. so my complicated questions are here

by my thinking they have three ways to check my physical presence in Canada

1st. Counting shoul be between when I I became a resident of Canada @ 22 june 2008 to 22 june 2013

2nd.Counting should be between when I m Applying for renewel of my pr card @ 20-october-2013 to back five years 20-october-2008

3rd.In my case because I lost my first card & I got 5.5 months extra on my pr card until 4 December 2013... so can they can start counting of my days in canada from 22 june 2008 to until this time 20-october-2013.

So my questions...is it compulsory for them by law that they will have to count with the 2nd method or can they start my counting by 22 june 2008 to until this time 20 October 2013? should they consider my problem as a exceptional case? :'(

Like I told you, they can only count 5 years and they can not look at a 5 year period that is already passed, only the most recent 5 years. If you would report yourself to immigration today as a person who does not meet the RO, they can only check Oct. 16th 2008 to Oct. 16th 2013 and not June until June because it is not June any more.

Of course you would never report yourself to immigration, that would be stupid. Just stay in Canada and go about your daily life until such a time that you can look at the past 5 years and will have more than 730 days in those 5 years. Then you can apply to renew your PR card normally.

They will never consider a period longer than 5 years to meet the RO because the rules say 5 years. You really do not have an exceptional case.