Hi there, I just want to ask what will happen to my case coz I over stayed outside Canada due to travelling and I think I overstayed for just a few days say 3 to 5 days so I did not comply with the 730 days stay inside canada but I have been here for two years now since I came back. I have applied more than six months ago for the renewal of my PR Card and until now I have not received it. The CIC said it is under review in Nova Scotia. What will be the result of this review? Also, I am leaving for a short holiday to Cuba on Feb 1st. Am I not going to have a problem in acquiring travel document in Cuba? Please advise. Thanks.
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Permanent Resident Card Renewal and Status
- Thread starter rannyfelix
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You said you were here for 2 years now. You said you were 2-3 days short of 730 days in Canada and that 6 months ago you have sent renewal app to CIC.
It's not exactly clear what you mean.
Read carefully and answer the following question:
At the date when CIC received your PR Renewal application, did you have 730+ days inside Canada (looking back 5 years from the date CIC received your PR application)? Answer to this question will tell whether you were eligible for PR renewal at the time you submitted your application.
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It's not exactly clear what you mean.
Read carefully and answer the following question:
At the date when CIC received your PR Renewal application, did you have 730+ days inside Canada (looking back 5 years from the date CIC received your PR application)? Answer to this question will tell whether you were eligible for PR renewal at the time you submitted your application.
.
I arrived in Canada on September 28, 2009 and I stayed inside Canada till April 7, 2010. I came back to Canada on February 8, 2013. I am here since then. My PR Card expired on October 29, 2014. While I was here, I have been having holidays outside canada so I didn't notice that I have exceeded my stay outside for a few days during the 5 year period. I sent my PR Renewal on July and they received it on July 14th last year. I followed up today and CIC said it is under review in Nova Scotia. I am due to travel again to Cuba on Feb 1st and I am afraid that I might have problem getting travel document from there. What should I do? And what would be the result of the review? Thanks!
I wouldn't leave Canada until you have a renewed PR card in your hand. If you applied to renew your PR card with less than 730 days of physical residency then you are at risk of losing your status. Leaving without a renewed card will only increase that risk further.
If you did in fact apply without sufficient days, you should try to see if you can withdraw your application for renewal (CIC may not let you) and apply again once you meet the residency requirement.
If you did in fact apply without sufficient days, you should try to see if you can withdraw your application for renewal (CIC may not let you) and apply again once you meet the residency requirement.
rannyfelix said:I arrived in Canada on September 28, 2009 and I stayed inside Canada till April 7, 2010. I came back to Canada on February 8, 2013. I am here since then. My PR Card expired on October 29, 2014. While I was here, I have been having holidays outside canada so I didn't notice that I have exceeded my stay outside for a few days during the 5 year period. I sent my PR Renewal on July and they received it on July 14th last year. I followed up today and CIC said it is under review in Nova Scotia. I am due to travel again to Cuba on Feb 1st and I am afraid that I might have problem getting travel document from there. What should I do? And what would be the result of the review? Thanks!
I don't know what they will do with your PR Card application.
What I know is that if you were entering Canada on July 14, 2014 they would count total number of days you were present in Canada since 09/28/2019 through July 14,2014 (I am assuming you mean you have Landed on 09/28/2009, not just arrived) , plus the potential to stay in Canada through 09/28/2014, and if they counted 730 days or more you would be admitted without further inquiries (or would be eligible to pass with compliance of RO).
You must give very precise information for others to give you more accurate answer. Such as state clearly "Landed in Canada on 09/28/2019" , not just "Arrived in Canada on 09/28/2009", since it's not certain whether you were PR prior to 09/28/09 or not. If you were, further details would be needed (such as number of days in Canada all way back to July, 14, 2009). You also must clarify and state exactly how many days in total (with exact dates) were you absent from Canada when you refer to "having holidays outside canada".
As I said above, if you were resident for less than 5 years, CBSA would give you a pass if you could show that total number of days already spent in Canada PLUS the time you could potentially spend in Canada before 5th anniversary was equal to or greater than 730 days.
I don't know what they will do with your PR Card should you meet the RO obligation in 5 year period since your Landing, but fail to have 730 days at the date of receipt of the renewal app (07/14/2014), I am just assuming that they may send it to secondary review, have you confirm the total number of days in Canada between Landing date and through 5th anniversary of Landing, and if you meet the RO give you your Card. But I might be wrong, and even if you meet your RO and secure your PR status, you may still have to reapply for a Card when you become eligible for it. Other members may know these details better.
However, if you failed 730 days rule definitely then your PR status is at risk, not just your PR Card.
Do the math (find out TOTAL number of days in the last 5 years immediately prior to 07/14/2014 or within 5 years period from the date of Landing, if not PR for 5 years on 7/14/2014) , and ask other members who may know more about CIC processing of PR Cards of someone in your circumstances.
rannyfelix said:I arrived in Canada on September 28, 2009 and I stayed inside Canada till April 7, 2010. I came back to Canada on February 8, 2013. I am here since then. My PR Card expired on October 29, 2014. While I was here, I have been having holidays outside canada so I didn't notice that I have exceeded my stay outside for a few days during the 5 year period. I sent my PR Renewal on July and they received it on July 14th last year. I followed up today and CIC said it is under review in Nova Scotia. I am due to travel again to Cuba on Feb 1st and I am afraid that I might have problem getting travel document from there. What should I do? And what would be the result of the review? Thanks!
When you filled out your PR renewal application, you should have written up all your absences since your landing and your combined absences should not have reached 1095 days.
Did you do this and were all your absences combined less than 1095 days? If they were, you are ok. If you missed including the absences of all your holidays, you have a problem with immigration because they may think you have purposely lied on your application.
You should count your absences at the time you applied, including your holidays. If you are at 1095 days or more, you should withdraw your PR card application based on that you have made a mistake on your application, not that you really need a reason. Other people have withdrawn applications already under review and immigration has allowed it. Then wait for them to accept your withdrawal. Then apply again if you now meet the RO for the past 5 years.
If you find however that you have less than 1095 days outside including all your holidays, you should update immigration stating that you have realized that you made a mistake and forgot to include your holidays. Better if you do that than have them think they caught you lying.
Getting a travel document can take weeks or even longer depending on the embassy. I don't know how long you were planning on staying in Cuba but it could end up being a lot longer than you planned. Personally, I would not leave Canada until you have your new PR card.
Hi Leon,
Ur advice is greatly appreciated.
I landed in Canada on 8 May 2010 and left on 25 May 2010, came back on 02 Jun 2012 and left again on 18 Jun 2012 and then back again on 2 feb 2013 to now. I applied for pr renewal on 03 feb 2015. i have enough days to meet my RO.
When i was filling out the application form, i list the trips outside canada as 966(what i counted).
CIC recently sent me a letter asking for passport copies (all) and personal entry/exit. This was when i realized i have missed some trips indicated and some passport pages not given to them. (i only gave them on the trips i listed). I re-counted again and re-list the trips, it came to 968.. 2 days difference. The email state if I do not give them the required docs, they will abandon my application and I have to re-apply again.
Now I am worried that my application is jeopardized.
Could you please advise what I should do now? Should I abandon my application and wait 6 mths or reply them with all the necessary docs I can provide and tell them the mistakes I made.
Please advise and I am getting paranoid each day. I was thinking of engaging a lawyer to assist me now...
Ur advice is greatly appreciated.
I landed in Canada on 8 May 2010 and left on 25 May 2010, came back on 02 Jun 2012 and left again on 18 Jun 2012 and then back again on 2 feb 2013 to now. I applied for pr renewal on 03 feb 2015. i have enough days to meet my RO.
When i was filling out the application form, i list the trips outside canada as 966(what i counted).
CIC recently sent me a letter asking for passport copies (all) and personal entry/exit. This was when i realized i have missed some trips indicated and some passport pages not given to them. (i only gave them on the trips i listed). I re-counted again and re-list the trips, it came to 968.. 2 days difference. The email state if I do not give them the required docs, they will abandon my application and I have to re-apply again.
Now I am worried that my application is jeopardized.
Could you please advise what I should do now? Should I abandon my application and wait 6 mths or reply them with all the necessary docs I can provide and tell them the mistakes I made.
Please advise and I am getting paranoid each day. I was thinking of engaging a lawyer to assist me now...