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Maintaining Permanent Residence Status

shahhemin66

Member
Nov 2, 2012
14
0
Hi All,

I landed in Canada in 13th March,2009 and My PR Card Validity is upto march 29,2014.I Stayed there for 224 days In Canada from Landed date to Now and right now i am in my home country.
I am confused about i am eligible to enter in canada and live there and renew my pr card without any trouble.
I am in major problem please reply urgent with some smart ideas.

Thanks
 

Leon

VIP Member
Jun 13, 2008
21,950
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Job Offer........
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You landed on March 13, 2009. In your first 5 years, you must have at least 730 days in Canada. You have already spent 224 days. You need another 506 days. If you go to Canada now, you can have 130 days until March 13th 2013 plus 365 until 2014 so you could have 495 days. This means that you are just outside of being able to meet the requirements.

However, because immigration does not have a GPS chip on your person, they will not know immediately that you are unable to meet the requirements. You are still a PR and you have the right to enter Canada so if you move to Canada while your PR card is still valid, the sooner the better, it is very likely that you will be allowed to enter without any questions asked. If that happens, you would have the option to stay for 2 years straight, let your PR card expire and do not apply to renew until you have 730 days in the past 5 years. At that point you can apply to renew your PR card and because you will meet the requirements for the past 5 years at the time you apply, they will have to renew.
 

shahhemin66

Member
Nov 2, 2012
14
0
Hi Leon,

First of all i wanna say sorry to you for delay reply and thanks for the answer ...but still some questions are wondering in my mind ::)...
because i just spend few days in March than after i came back in August...and i am in my home country since more than a year due to some health problems of my parent and myself before few months ago...

and here are some question:

1.Will my days consider from August?

2.Will my days count if i show reports of that health problems?

3.If i live in India for few days and start export related business in Canada...is it possible to renew my PR or get citizenship?

4.What if i get some work issues in my home country or abroad after expiry of PR and even though i do not meet the requirement of 730 days.

work issues can be related of business,or parent's health or a close relative's wedding? :-\
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
shahhemin66 said:
1.Will my days consider from August?

2.Will my days count if i show reports of that health problems?

3.If i live in India for few days and start export related business in Canada...is it possible to renew my PR or get citizenship?

4.What if i get some work issues in my home country or abroad after expiry of PR and even though i do not meet the requirement of 730 days.

work issues can be related of business,or parent's health or a close relative's wedding? :-\
1. Any days you spent in Canada that are within the past 5 years before you apply for something will count towards your residency requirement. From what you said however, you have spent so little time in Canada already that you are unable to meet the requirements for your first 5 years as a PR. Therefore, if you want to keep your PR, you should go back to Canada while your PR card is still valid, preferably sooner than later, stay for 2 yrs. straight and then apply to renew your PR card because then you meet the requirements again. This is the only guaranteed way to keep your PR at the moment.

2. If you do not go back before your PR card expires and decide later on that you want to go back, you will have to apply for a travel document at the embassy. In that application, you will explain why you were unable to meet the residency obligation. Having medical problems might be taken into consideration. However, Canada has doctors too so it is not really a solid excuse.

3. If you work for a Canadian employer and this employer has transferred you to an overseas location, you can keep your PR, however, not apply for citizenship. Immigration is very careful on what they consider to be a Canadian business. The business must have an ongoing operation in Canada, must be incorporated in Canada. They will not accept a business that is solely established in order for you to stay outside and keep your PR.

4. They may allow you a travel document if you were not able to meet the residency obligation because of human and compassionate reasons like taking care of your sick parents. You would need medical proof that your parents are sick, proof that they need care and proof that you are taking care of them. Business reasons will not be accepted except as in 3, you got a job in Canada and your Canadian employer transferred you to an overseas location. Close relatives wedding might be a reason to go to the wedding but not a reason why you couldn't live in Canada for 2/5 years.
 

Swede

Hero Member
Aug 18, 2009
787
17
Canada
Category........
Visa Office......
London, England
Job Offer........
Pre-Assessed..
App. Filed.......
2009-10-27
File Transfer...
2009-11-12
Med's Done....
2009-08-11
Interview........
waived
Passport Req..
2010-01-22
VISA ISSUED...
2010-01-20
LANDED..........
2010-03-05
I don't know if this applies to you, but I do seem to remember that if you were sponsored for PR by a spouse, any days spent abroad with that person will count towards keeping your PR status.
 

steaky

VIP Member
Nov 11, 2008
14,316
1,635
Job Offer........
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Swede said:
I don't know if this applies to you, but I do seem to remember that if you were sponsored for PR by a spouse, any days spent abroad with that person will count towards keeping your PR status.
That doesn't count if the spouse you are accompanying is a PR and she/he is not employed by a Canadian business.
 

Swede

Hero Member
Aug 18, 2009
787
17
Canada
Category........
Visa Office......
London, England
Job Offer........
Pre-Assessed..
App. Filed.......
2009-10-27
File Transfer...
2009-11-12
Med's Done....
2009-08-11
Interview........
waived
Passport Req..
2010-01-22
VISA ISSUED...
2010-01-20
LANDED..........
2010-03-05
steaky said:
That doesn't count if the spouse you are accompanying is a PR and she/he is not employed by a Canadian business.
Oh yes. I kept thinking about my own case, my sponsor being a born citizen.