Permanent Resident needs advice

[KristofA]

Hello everyone,

I am in great need of helpful advice as I'm starting to become a little desperate. I will write down my story as I find it important in order to fully understand my case. So, I am a Hungarian citizen. My mother moved to Canada in 2012 as she married a Canadian citizen. Then, her husband and my mother initiated the PR process for me when I was 18 years old so It was relatively a straightforward case as I was underage. Then, I received my PR status on 02.06.2013. I then, moved to Canada in 2014 in the summer. I received my PR card a few weeks later, and started to work in Canada, and I also got my Canadian drivers license. Next year, in May, 2015 I decided to move back to Hungary to help my father in his issues and to pursue my studies in a Hungarian University. Ever since I am still living in Hungary, and I plan to move back to Canada (Ontario) in the summer around early July as soon as I graduate from University. My Canadian PR card is valid until 07.08.2018. However, I am aware of the requirements of retaining PR status (2 years in Canada in 5 years). I am worried that I may lose my PR status even though my PR card will still be valid when I enter Canada. I don't completely understand the rolling years and how is it counted. If we have our own property, and my mother lives in Canada, is it possible that they revoke my PR status even though I plan to settle in Canada permanently? Thanks for your answers as it is helping me a lot!

 

[Buletruck]

So exact dates would be helpful. When did you land and how long did you stay. Was it 2013 or 2014? The RO for a new PR is 720 days in the first 5 years and starts the day you landed. The rolling 5 years begins after the first 5 years. You need to calculate the days you currently have in Canada since you landed and the estimated time you would have left after you return.
If you don’t meet the RO, then any interaction with CBSA (entry) or IRCC will risk you being reported for not meeting RO. With what you have stated, chances of retaining your status if you are reported are minimal. Your mother status and property ownership are irrelevant. It is solely based on the individuals status and days in Canada. So, yes, they could revoke your status. Your best hope is not to get reported at entry (and that is hit and miss, enter before your PR card expires and don’t renew it until you meet RO if you get in undetected.

 

[KristofA]

So exact dates would be helpful. When did you land and how long did you stay. Was it 2013 or 2014? The RO for a new PR is 720 days in the first 5 years and starts the day you landed. The rolling 5 years begins after the first 5 years. You need to calculate the days you currently have in Canada since you landed and the estimated time you would have left after you return.
If you don’t meet the RO, then any interaction with CBSA (entry) or IRCC will risk you being reported for not meeting RO. With what you have stated, chances of retaining your status if you are reported are minimal. Your mother status and property ownership are irrelevant. It is solely based on the individuals status and days in Canada. So, yes, they could revoke your status. Your best hope is not to get reported at entry (and that is hit and miss, enter before your PR card expires and don’t renew it until you meet RO if you get in undetected.

I landed in 2013 as a PR the first time but then I have not continued living in Canada, I stayed for a couple weeks and then returned to Hungary to finish High School. After I graduated in high school, I moved to Canada to live there (2014 August 17 until 2015 May 24). I haven't been in Canada ever since. Sorry for the confusion in my first post and thank you very much!

 

[Buletruck]

So you are well short of RO and don’t have sufficient time to acquire the necessary days. So the risk will be on entry and if the CBSA officer you encounter feels the need to confirm RO. It’s really going to be hit or miss. If you are reported, you will be allowed to enter and appeal. But your reasons for being out of the country aren’t terribly compelling to win an appeal. Best to get very established, integrate into the community and contribute as much as you can (not just get a job) to the community while you wait for an appeal hearing. That can help significantly in tipping the scale to your favour.

 

[vensak]

Best advice, do not go directly to Canada, but fly to USA first (you are visa free so that should be easy to be arrange). Then cross the border using a private care (either rent one or take a taxi) or cross it walking (where it is possible). If your card PR will be still valid, you can attempt using it in order to get in. There is higher chance not to be questioned or reported. Once in Canada you need to stay in 2 years before requesting your card renewal.

Good luck