More than 3 years out of canada- Residency status, renew PR

[dpenabill]

Sir I got PR in July 29.2011 but went back to India in 30 Nov 2012. as my wife had cancer and she passed away in 2015.Again I cane to Canada in 24 April 2016. but my PR has expired on 29 Sep 2016. I lived in Canada more than 730 days. but I was outside Canada more than 1095 days. Should I apply for renewal for my PR again. 8)

It is impossible to be both in Canada more than 730 days and outside Canada more than 1095 days in a five year period of time. There are 1825 days total in five years.

For example: if you were to apply tomorrow, for a new PR card, what matters is that you have been in Canada at least 730 days between December 27, 2011 and December 27, 2016 (days you were in Canada prior to December 28, 2011 no longer count since they were more than five years ago).

Main thing is whether or not you are currently living in Canada. If yes, just avoid traveling abroad or engaging in any transaction with IRCC, until you have been in Canada more than 730 days within the preceding five years as of that day and going forward.

Beyond that, not only am I NO expert, but when to apply to renew the PR card is both a personal decision and one dependent on more factors than should be revealed in a forum like this. So I cannot suggest when to apply for a new PR card.

I can say that as long as you are currently in Canada, and stay in Canada, the fact your card is expired should not be a problem. A PR in Canada does not need to have a currently valid PR card. Just wait until you have been in Canada a full two years, and awhile more than that, before you apply for a new PR card or travel outside Canada.

It is the PR who is abroad who needs a valid PR card, but only for the purpose of boarding a flight to Canada (or other commercial transportation to Canada . . . which practically speaking is usually an airline flight). If you are currently abroad, that is a different and bigger problem.


A cautionary note: cutting-it-close is a lot more risky than many seem to recognize. If your plan is to be a Canadian PR, best to then plan to stay in Canada, to settle and live and work in Canada permanently.

 

[PMM]

Hi

Sir I got PR in July 29.2011 but went back to India in 30 Nov 2012. as my wife had cancer and she passed away in 2015.Again I cane to Canada in 24 April 2016. but my PR has expired on 29 Sep 2016. I lived in Canada more than 730 days. but I was outside Canada more than 1095 days. Should I apply for renewal for my PR again. 8)

1. No, don't apply to renew your PR status, until April 2018,when you have 2 years residency in the past 5 years.

 

[kazemiakk]

Sir I got PR in July 29.2011 but went back to India in 30 Nov 2012. as my wife had cancer and she passed away in 2015.Again I cane to Canada in 24 April 2016. but my PR has expired on 29 Sep 2016. I lived in Canada more than 730 days. but I was outside Canada more than 1095 days. Should I apply for renewal for my PR again. 8)

Would you please tell me what question did the officer asked you at the airport and what were your answers?

 

[Bs65]

Would you please tell me what question did the officer asked you at the airport and what were your answers?

even if the OP replies to this question does not mean that you will get asked the same questions assuming for example you are a US passport or green card holder given unfortunately despite what anyone may say there is likely still a degree of profiling going on behind any questions based on passport holders home country whether a PR or not. And before anyone says I do not obviously have any proof or evidence of this just an assumption based on the close US/Canada ties.

Getting reported or not can be a random thing no guarantees as people on this forum will confirm even when people were PRs many years ago but only visited since without issue and not reported despite answering the inevitable question answered honestly when last in the country..

Come 2019 how will you plan to answer questions 19/20/21/22 for residence/travel in the previous 5 years in the PR card renewal form if you have no plan to reside in Canada for 2 years prior to 2019 or even clear if plan to stay at any time 2 years without leaving ? http://www.cic.gc.ca/english/information/applications/prcard.asp http://www.cic.gc.ca/english/pdf/kits/forms/IMM5444E.pdf

Add to that the agreements in the form to allow access to entry data plus income tax filings in Canada which assume there will be none of. So whether reported or not at the border there are plenty of checks along the way to be able retain PR .

 

[wissamak]

Dear Sir,

I have the Canadian PR status. I did my landing back in December 2013. I had to leave Canada and go back to family in February 2014. I work in UAE. I am the eldest of my brother and two sisters. I have been the only support to my family since my father passed away in 2000. I had to go back to UAE where I sponsor and support my mother (60 years old) and two sisters (20 years old - university student - and 35 years old divorced and sick sister). The only reason why I couldn't go back to Canada and meet my PR RO obligations was my family. I simply couldn't leave them. If I leave UAE, I have to cancel my visa and accordingly both my mother and sister visas. They have no place else to go and I couldn't take them with me to Canada. I am working with my younger brother for him to come to UAE and take my role in sponsoring my mother and sisters so I could leave permanently to Canada. But, I still need a few more months. Is there a way you could guide me in getting an extension for the period I could stay outside Canada?

Your help and guidance is greatly appreciated.

Many Thanks,
Wissam

 

[torontosm]

Dear Sir,

I have the Canadian PR status. I did my landing back in December 2013. I had to leave Canada and go back to family in February 2014. I work in UAE. I am the eldest of my brother and two sisters. I have been the only support to my family since my father passed away in 2000. I had to go back to UAE where I sponsor and support my mother (60 years old) and two sisters (20 years old - university student - and 35 years old divorced and sick sister). The only reason why I couldn't go back to Canada and meet my PR RO obligations was my family. I simply couldn't leave them. If I leave UAE, I have to cancel my visa and accordingly both my mother and sister visas. They have no place else to go and I couldn't take them with me to Canada. I am working with my younger brother for him to come to UAE and take my role in sponsoring my mother and sisters so I could leave permanently to Canada. But, I still need a few more months. Is there a way you could guide me in getting an extension for the period I could stay outside Canada?

Your help and guidance is greatly appreciated.

Many Thanks,
Wissam

There is no way to extend the period that you can stay outside. You could breach your residency obligation and then try to apply under H&C grounds, but your case doesn't sound very strong.

 

[canuck_in_uk]

The only reason why I couldn't go back to Canada and meet my PR RO obligations was my family. I simply couldn't leave them. If I leave UAE, I have to cancel my visa and accordingly both my mother and sister visas. They have no place else to go and I couldn't take them with me to Canada. I am working with my younger brother for him to come to UAE and take my role in sponsoring my mother and sisters so I could leave permanently to Canada. But, I still need a few more months.

Is there a way you could guide me in getting an extension for the period I could stay outside Canada?

That is not really a compelling H&C reason. Your family could return to their home country or wherever your brother is.

 

[wissamak]

If I stay more than 3 years outside Canada during the 5 year period, can I return to Canada before the 5 years period expires?

 

[canuck_in_uk]

If I stay more than 3 years outside Canada during the 5 year period, can I return to Canada before the 5 years period expires?

You can return to Canada but could be reported on entry for not meeting the RO.

 

[wissamak]

If I return before the 5 years expiry period and stay for 2 straight years in Canada without leaving, can I afterwards renew my PR card even if being reported on entry for not meeting the RO?

 

[scylla]

If I return before the 5 years expiry period and stay for 2 straight years in Canada without leaving, can I afterwards renew my PR card even if being reported on entry for not meeting the RO?

Not if you're reported. If you're reported on entry, you will have to appear at a hearing to argue why you should be allowed to keep you status. If this hearing doesn't go in your favour, your PR status will be officially revoked and you'll be asked to leave Canada.

 

[specialmary]

Not if you're reported. If you're reported on entry, you will have to appear at a hearing to argue why you should be allowed to keep you status. If this hearing doesn't go in your favour, your PR status will be officially revoked and you'll be asked to leave Canada.

Thanks, I am a new PR and I am trying to understand the procedure.

If this person was NOT reported by the officer and entered Canada, does it mean that he/she can retain his/her PR status and apply for PR after spending two years (within the last five years) in Canada then?

 

[Rob_TO]

If this person was NOT reported by the officer and entered Canada, does it mean that he/she can retain his/her PR status and apply for PR after spending two years (within the last five years) in Canada then?

Yes, if one does not meet RO but is not reported upon entry to Canada then after 2 years here they would come back into compliance with RO and can then renew their PR card.

During these 2 years, they should NOT leave Canada even once for any reason, else they risk having their RO violation discovered upon next attempted entry. Also they should not engage CIC in any matters during the 2 years (so can't apply to sponsor any new spouse/kids).

 

[kazemiakk]

even if the OP replies to this question does not mean that you will get asked the same questions assuming for example you are a US passport or green card holder given unfortunately despite what anyone may say there is likely still a degree of profiling going on behind any questions based on passport holders home country whether a PR or not. And before anyone says I do not obviously have any proof or evidence of this just an assumption based on the close US/Canada ties.

Getting reported or not can be a random thing no guarantees as people on this forum will confirm even when people were PRs many years ago but only visited since without issue and not reported despite answering the inevitable question answered honestly when last in the country..

Come 2019 how will you plan to answer questions 19/20/21/22 for residence/travel in the previous 5 years in the PR card renewal form if you have no plan to reside in Canada for 2 years prior to 2019 or even clear if plan to stay at any time 2 years without leaving ?

Add to that the agreements in the form to allow access to entry data plus income tax filings in Canada which assume there will be none of. So whether reported or not at the border there are plenty of checks along the way to be able retain PR .

I plan to go to Canada in 2019 and stay 2 years there without going back and renew my PR card.

If I stay at least two years in Canada all answers to questions 19/20/21/22 will make sens with honest answers.

 

[dpenabill]

I plan to go to Canada in 2019 and stay 2 years there without going back and renew my PR card.

If I stay at least two years in Canada all answers to questions 19/20/21/22 will make sens with honest answers.

Yeah.

The more difficult part is returning to Canada without being reported, especially if you are returning just before your PR card expires after an extended absence.

Moreover, at the time of applying for the PR card it will be obvious that you were abroad for a period of time which constituted a breach of the PR Residency Obligation. While being in Canada long enough to be in compliance (if not reported and able to stay two full years) effectively cures that breach, it is not as if that history disappears. Obviously, it is more or less likely an officer will take note of the history and correspondingly elevate the degree of scrutiny employed, which may include examining FOSS notes from PoE transactions and comparing them to CBSA travel history records, to determine if there had been any misrepresentations made in the process of seeking entry into Canada (such as misrepresenting length of absence to a PoE officer upon arrival in Canada).

Bottom-line: not returning to Canada until 2019 has significant risks.