You've resurrected a very old thread. Better to ask a fresh question. General answer - if you haven't met your residency obligation, renewing a PR card is very unlikely.
Need to renew PR Card, but do not think I have met the Residency Obligations
- Thread starter bs1992
- Start date
Hello friends,
I would like to ask a question regarding residency obligation and in need of your assistance. I have tried to call CIC multiple times but i was unable to get through.
Landing Date in Canada: 20 May 2016
PR card Expiry date: 2 June 2021
Total Days spent in Canada till date : 370 days
But my wife needs to stay 360 days more to meet RO. Right now she stuck in India due to covid lockdown.. I am not sure when will be she travel back to canada at this moment?
My questions are
1. When she renews her PR card for the very first time, what five years do they look at? is it strictly the five years validity of the PR card or do they count five years starting backward from the date when a renewal application is submitted?
2.If the answer to my question is first one i.e. "they look at the 5 years duration validity of the PR card", then I think she is at risk of not being able to meet her RO as she is planning (due to covid lockdown) to extend her stay outside Canada beyond 1095 days and she will not be able to be physically present for 730 in Canada before the date on PR card expires.
3.On the other hand, if they only look at the 5 years leading up to date when the PR renewal application is submitted, then she might be on the safe side and in this case, she will remain in Canada beyond the expiry date of her PR card to make up for the days she has missed in the past. So basically what I am saying is that rather than submitting the application for PR renewal on 2 June 2021, which is the day of PR card expiry date, I think it is better to remain in Canada for an extra couple of months (till she meets her RO)and only submit a renewal application when she was sure that I have satisfied 730 days (or more) within a five-year period counting backward from the date of PR renewal application date. Is this the right logic? Am I thinking in the right direction?
4.She is planning to travel to Canada with my 2 years baby in September 2020 or might be earlier (thinking atleast we might get Vaccine for Corona then). If she comes in September, do the immigration people allow her to enter into Canada?(as they might aware of that she couldn't able to meet her RO as per expiry date on PR card).
Note: She is worried to travel with 2 years baby at the moment due to Covid breakout.
Please help me out here...
Thanks in advance
I would like to ask a question regarding residency obligation and in need of your assistance. I have tried to call CIC multiple times but i was unable to get through.
Landing Date in Canada: 20 May 2016
PR card Expiry date: 2 June 2021
Total Days spent in Canada till date : 370 days
But my wife needs to stay 360 days more to meet RO. Right now she stuck in India due to covid lockdown.. I am not sure when will be she travel back to canada at this moment?
My questions are
1. When she renews her PR card for the very first time, what five years do they look at? is it strictly the five years validity of the PR card or do they count five years starting backward from the date when a renewal application is submitted?
2.If the answer to my question is first one i.e. "they look at the 5 years duration validity of the PR card", then I think she is at risk of not being able to meet her RO as she is planning (due to covid lockdown) to extend her stay outside Canada beyond 1095 days and she will not be able to be physically present for 730 in Canada before the date on PR card expires.
3.On the other hand, if they only look at the 5 years leading up to date when the PR renewal application is submitted, then she might be on the safe side and in this case, she will remain in Canada beyond the expiry date of her PR card to make up for the days she has missed in the past. So basically what I am saying is that rather than submitting the application for PR renewal on 2 June 2021, which is the day of PR card expiry date, I think it is better to remain in Canada for an extra couple of months (till she meets her RO)and only submit a renewal application when she was sure that I have satisfied 730 days (or more) within a five-year period counting backward from the date of PR renewal application date. Is this the right logic? Am I thinking in the right direction?
4.She is planning to travel to Canada with my 2 years baby in September 2020 or might be earlier (thinking atleast we might get Vaccine for Corona then). If she comes in September, do the immigration people allow her to enter into Canada?(as they might aware of that she couldn't able to meet her RO as per expiry date on PR card).
Note: She is worried to travel with 2 years baby at the moment due to Covid breakout.
Please help me out here...
Thanks in advance
1. She needs to spend 730 days between 20 May 2016 and 20 May 2021 to be in compliance with her residency obligation. This is for the first five year period. After that, it becomes a rolling five-year period where they count backwards five years from the day you submit an application or get questioned about RO at a port of entry. In the first five year period they do look into the future - so if she returns in Sep 2020, they will consider that she will have ~8 more months added to her days in Canada. After the first five years are over, it becomes strictly retrospective - they will not consider any days in the future.
2. However, you are correct in thinking that she can return to Canada with a valid PR card, and if she is able to enter without being reported for RO violation, she can simply stay long enough to meet RO and then apply for PR card renewal. Since you will be applying after the first five year period, you will have to count backwards from the day you apply. So if you apply in Sep 2021, the five year period will be Sep 2016 - Sep 2021. If she has 730 days in the period, she will be compliant with RO. Note that you cannot count days before Sep 2016 - those will no longer be counted.
There is no requirement to have a valid PR card - you only need that if you are travelling. You can happily live in Canada with an expired PR card.
3. Now, as to whether she will be allowed in without questions about RO. This is just my opinion of course - but I think it's very likely that she will have no trouble. She has already stayed for at least a year, and the COVID-19 situation is completely unprecedented. IRCC has already made lots of new rules to help people affected by travel bans, so it's reasonable to think that she won't be asked any questions about missing RO. If you are well established in Canada, she has lived for a year (and will have ~8 months more counted), and you have kids here and show all signs of wanting to live here - CBSA takes all these factors into account.
4. As a PR, she has the right to enter Canada regardless of RO. CBSA (by law) cannot stop her. They can begin the proceedings to take away PR, but she has to be allowed in to the country. So you don't need to worry about being turned away at the border. Your absolute worst case scenario is that she will be allowed in and issued a report that tells her that they are starting the process of taking away her PR. Then, you have 30 days to file an appeal and fight it.
Hello mate,
Thank you for the quick response. I’ve couple of more doubts on the first point that you have mentioned.
1) As mentioned earlier this is her first 5 year term on PR status. So if she travels in august/ September(hoping vaccine will be available by then, as we have a toddler travelling with her) will she be eligible for renewal if she stays longer after she comes back here( with out being reported)
2) As we still have lockdown in India and Canada both , she will not be able to travel before June. She actually planned to travel in February itself but due to Corona she had to stay back( we cancelled the ticket twice taking toddler’s safety into consideration)
Thanks
It is highly unlikely a vaccine will be available by August/September. There was almost no known covid in Canada in February so you should have travelled then. You will likely have to travel without the vaccine. Many are travelling so it is not a reason to delay travel indefinitely.
Yes there were no cases( in feb) in Canada i knew that but the ticket was booked through Cathey Pacific.(From Hyderabad Via Hong Kong to Canada).There were lot of cases in Hong Kong then.Hope you understand the situation now.
I am here to get the suggestions but not to debate. Pls don't waste your valuable time.
I was trying for the refund from Cathay Airlines then and later i booked the tickets via Air India in March. The flight were cancelled then due to lockdown.
There weren’t that many cases in HK actually. You will have to plan to travel once travelling has started again. Waiting for a vaccines is too unreliable since it could take quite a long time.
That’s not a debate . It’s fact . What do you think a officer going over your application is going to think ?
My valuable time ? Yah ok
Hi mate,
Could you please reply to my queries when ever you have some time.
Thanks in advance