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May not meet 2 Out of 5 year stay in Canada. What option have I got to renew my PR

kusrbo

Full Member
Feb 2, 2017
47
17
Hi, I have been going through the forum and gathered following information on my case but thought worth clarifying it therefore posting it as a new thread.

I did a soft landing on Apr 2018 and my PR card is due to expire on Jun 2023. Due to various personal reasons and covid impact I am outside canada all these years. Noticing that I am nearing to atleast 2 year stay in Canada to meet RO to renew my PR, I made my plans to reach there by end of Apr 2021 so that I will have 2 year 2 months. Unfortunately I have to now postpone my plan until end of May 2021. This means
- Considering the landing date (Apr 2018) I will not have 2 years.
- Considering the expiry date on PR card which is Jun 2023, I may stand a chance of staying for 2 years and apply for PR renewal.

This is what I have gathered from the forum
1. PR expiry date(Jun 2023) doesn't matter but date I landed in Canada matters (Apr 2018). This means when I travel by end of May 2021, I am Ok to stay beyond April 2023 even though I won't be finishing complete 2 years and will be eligible to apply for PR renewal after Jun 2023 by which time I am likely to finish 2 year stay in Canada. Correct?
2. There is no expiry to PR but to PR card so even though my PR card is expiring on Jun 2023, I can stay beyond that date legally?
3. Meeting 2 Year Residency Obligation holds good as long as we are working for Canadian employer and paying tax in Canada. Physical presence in Canada is not mandatory?
4. Considering the pandemic and current situation, its possible RO can be lenient or flexible?
5. Immigration Officer at Port of Entry wouldn't stop me as long as my PR card is not expired. Not having 2 year time should't be a problem at the port of Entry?
 
Last edited:

scylla

VIP Member
Jun 8, 2010
92,541
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Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
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28-06-2010
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01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi, I have been going through the forum and gathered following information on my case but thought worth clarifying it therefore posting it as a new thread.

I did a soft landing on Apr 2018 and my PR card is due to expire on Jun 2023. Due to various personal reasons and covid impact I am outside canada all these years. Noticing that I am nearing to atleast 2 year stay in Canada to meet RO to renew my PR, I made my plans to reach there by end of Apr 2021 so that I will have 2 year 2 months. Unfortunately I have to now postpone my plan until end of May 2021. This means
- Considering the landing date (Apr 2018) I will not have 2 years.
- Considering the expiry date on PR card which is Jun 2023, I may stand a chance of staying for 2 years and apply for PR renewal.

This is what I have gathered from the forum
1. PR expiry date(Jun 2023) doesn't matter but date I landed in Canada matters (Apr 2018). This means when I travel by end of May 2021, I am Ok to stay beyond April 2023 even though I won't be finishing complete 2 years and will be eligible to apply for PR renewal after Jun 2023 by which time I am likely to finish 2 year stay in Canada. Correct?
2. There is no expiry to PR but to PR card so even though my PR card is expiring on Jun 2023, I can stay beyond that date legally?
3. Meeting 2 Year Residency Obligation holds good as long as we are working for Canadian employer and paying tax in Canada. Physical presence in Canada is not mandatory?
4. Considering the pandemic and current situation, its possible RO can be lenient or flexible?
5. Immigration Officer at Port of Entry wouldn't stop me as long as my PR card is not expired. Not having 2 year time should't be a problem at the port of Entry?
1. Yes, you can stay beyond April 2023 to fulfill the residency requirement and then apply to renew your PR card. Of course this assumes you are not reported at the border when you re-enter for failing to meet the residency requirement.
2. Yes.
3. It's not that straight forward. Technically you need to be physically living in Canada. There is a rule that allows you to count time spend outside of Canada for a Canadian employer. However the circumstances are very specific. You must have been hired for a role in Canada and then later transferred to a job outside of Canada. There are many circumstances that do not qualify, including being hired directly for a role outside of Canada and setting up your own business in Canada to then facilitate working outside of Canada.
4. No changes to the rules have been announced as a result of COVID.
5. They will not stop you from entering Canada but it's possible they could report you for failing to meet the residency requirement which would trigger the hearing process.
 
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armoured

VIP Member
Feb 1, 2015
15,227
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4. Considering the pandemic and current situation, its possible RO can be lenient or flexible?
5. Immigration Officer at Port of Entry wouldn't stop me as long as my PR card is not expired. Not having 2 year time should't be a problem at the port of Entry?
As noted, there have been no changes to the RO as a result of the pandemic. But context matters as to whether there is leniency or flexibility in the sense that you're asking.

In your specific case, where this would come up is in returning to Canada out-of-compliance with the RO - when deciding whether to report you or not (and in subsequent appeals should it come to that), they must take into consideration so-called 'humanitarian and compassionate' reasons. And the pandemic is a real reason - so while no guarantee, there is less chance they would choose to report you on re-entry (than would be the case without the pandemic, all things being equal, etc). There are plenty of threads here discussing this. It won't, however, apply to other contexts such as ability to sponsor a spouse or renew a PR card, etc.

It's important to note that what an officer decides on one day (e.g. your 'first' re-entry) does not necessarily apply in any subsequent future examinations at a port of entry. So in practical terms, during the period after you return to Canada and until you are back in compliance, travel abroad will always bear some risk at port of entry that you'll be reported for non-compliance (with all that entails). Not an issue if you remain in Canada throughout that time period and become compliant again - but for many, that risk with travel may be a serious constraint or inconvenience. And as noted, a PR who is not compliant with the RO cannot sponsor a family member.
 
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