Need advice

[punggol]

Hi

need some advice regarding fulfilling the PR residency obligations.

I landed in March 2007 and stayed for one montn and returned to Canada in 2009 for from July to Oct 2009. My PR expires in August 2012. When the 2 years out of 5 years is calculated, can i return by August 2010 and still fulfill the residency requirements and if the 3 months spent in 2009 are also taken into consideration, does it mean I have up till Oct 2010 to come back to Canada to keep my PR?

If I renew my PR, does it mean I only renew in August 2012?

Thanks for the advice.

Paige

 

[punggol]

Re: Need advice - Urgent - Pl help

Hi experts

Pl help to give me some suggestions and clarifications.

I read the forum and it seems that i can arrive in Canada in July or August 2010 and still be able to fulfill the 730 days of residency requirement till the expiry of my PR in August 2012?

Or could I wait till January 2o11 to arrive in Canada and wait till I stay for more than 730 days in Canada ( even though my PR expires in August 2012) and then I apply for renewal of PR card.

I am confused. My mother is not well and I am feeling torn.

grateful for clarifications regarding the above.

 

[Leon]

From the date of your landing, you need to be in Canada for 730 days or more in the first 5 years and any rolling 5 year period after that. That is, from March 2007 to March 2012, you need 730 days, from April 2007 to April 2012 etc. Since you already have 4 months in Canada, you need approximately another 20 months for your first five years so you should return in July or August 2010.

If you wait until October 2010, you do not have a chance to meet the residency requirements any more because at that point, you will have only 17 months left until your first 5 years have passed and so you would only have 21 months in Canada total at that point. If you did get into Canada without any hassles, you could arrive at any point before your PR card expires, stay for 730 days and then renew. The risk is that if you do not meet the residency requirements when you enter Canada that they will catch you and challenge you on it. When you fail to prove that you meet the requirements, they will cancel your PR.

 

[abscott]

From the date of your landing, you need to be in Canada for 730 days or more in the first 5 years and any rolling 5 year period after that. That is, from March 2007 to March 2012, you need 730 days, from April 2007 to April 2012 etc. Since you already have 4 months in Canada, you need approximately another 20 months for your first five years so you should return in July or August 2010.

If you wait until October 2010, you do not have a chance to meet the residency requirements any more because at that point, you will have only 17 months left until your first 5 years have passed and so you would only have 21 months in Canada total at that point. If you did get into Canada without any hassles, you could arrive at any point before your PR card expires, stay for 730 days and then renew. The risk is that if you do not meet the residency requirements when you enter Canada that they will catch you and challenge you on it. When you fail to prove that you meet the requirements, they will cancel your PR.

Hi Leon...it's been awhile since I heard from you...need advice related to this matter...does it mean 730 days in the same address? What are the requirements for renewal aside from the no. of days? Thank you very much...

 

[Leon]

Hi Leon...it's been awhile since I heard from you...need advice related to this matter...does it mean 730 days in the same address? What are the requirements for renewal aside from the no. of days? Thank you very much...

No, you don't have to have 730 days at the same address. Just 730 days in Canada total in the past 5 years before you apply.

The application forms also ask for your permission to get info from CBSA and your tax records and some other things. You can read through the application forms and guide here: http://www.cic.gc.ca/english/information/applications/prcard.asp

 

[sharat_joshi77]

Hi Leon...it's been awhile since I heard from you...need advice related to this matter...does it mean 730 days in the same address? What are the requirements for renewal aside from the no. of days? Thank you very much...

You can be in different addresses in last 5 years when you apply for the PR renewal.
The 730 days are counted as cumulatively. You have to be in country for 730+ days in order to be elligible for applying to the PR renewal.
There are exceptions to this rule and you can check them at:

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp

Hope this helps.

 

[abscott]

You can be in different addresses in last 5 years when you apply for the PR renewal.
The 730 days are counted as cumulatively. You have to be in country for 730+ days in order to be elligible for applying to the PR renewal.
There are exceptions to this rule and you can check them at:

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp

Hope this helps.

Hello guys...Thank you so much for the information. Does it mean you mightnot be approved if you don't meet one of the requirements?
Tia...

abscott

 

[Leon]

Hello guys...Thank you so much for the information. Does it mean you mightnot be approved if you don't meet one of the requirements?
Tia...

abscott

Yes, absolutely. If you apply with less than 730 days in Canada there are a couple of reasons they might accept for that. One is that you were accompanying your Canadian citizen spouse outside Canada. In that case, they will consider days spent with your spouse as days in Canada. Another is that you as a PR were hired by a Canadian employer who transferred you outside Canada on a full time basis. They are very strict towards what they consider to be a Canadian employer. Another is that you are a PR accompanying a PR spouse who is working for a Canadian employer outside Canada etc.

Failing that, humanitarian grounds may be considered such as if you had to stay outside Canada in order to take care of a critically ill relative and you can prove this.

If you do not have 730 days in Canada or any of the above reasons and you apply for a PR travel document or apply to renew your PR card, your application will be refused and you will most likely lose your PR status.