Physical residency 365 daysPR can be renewed?

[hambousha]

Hello all
If someone landed for one week
Left the country for four years
Entered again and stayed there one year
After this year his card expires and his total physical resident is only 365 days?
Can he renew the card?
Would that affect his application for citizinship later on?

Thanks a lot

 

[scylla]

Hello all
If someone landed for one week
Left the country for four years
Entered again and stayed there one year
After this year his card expires and his total physical resident is only 365 days?
Can he renew the card?
Would that affect his application for citizinship later on?

Thanks a lot

No - his card cannot be renewed after living in Canada for only 365 days. He will need to wait until he has lived in Canada for 730 days before he can apply to renew his PR card.

 

[hambousha]

Well
Can he stay another 365 with an expired card?
Will they allow to renew after 1 year of expiry?

 

[scylla]

Well
Can he stay another 365 with an expired card?
Will they allow to renew after 1 year of expiry?

Yes - he can stay another year on an expired PR card to reach 730 residency days.

 

[Bs65]

Hello all
If someone landed for one week
Left the country for four years
Entered again and stayed there one year
After this year his card expires and his total physical resident is only 365 days?
Can he renew the card?
Would that affect his application for citizinship later on?

Thanks a lot

Unlikely any effect on any citizenship application but remember citizenship is based on 3 years physical presence in the 5 years before application.

When renewing a PR card usual advice is not to apply when just on 730 days but accumulate a few months buffer over that especially in scenario as stated.

 

[hambousha]

But you guys are sure that if he enters Canada while hving only one year in his PR is fine to renew after passing the second year (with some buffer)
No chances that they will tell no sorry !

 

[keesio]

But you guys are sure that if he enters Canada while hving only one year in his PR is fine to renew after passing the second year (with some buffer)
No chances that they will tell no sorry !

The bigger risk is trying to enter Canada with only 365 days (over 5 years). If he can somehow enter without getting reported, and he stays in Canada long enough so that he has over 730 days in 5 years period, then he can safely apply to renew his PR.

 

[Rob_TO]

But you guys are sure that if he enters Canada while hving only one year in his PR is fine to renew after passing the second year (with some buffer)
No chances that they will tell no sorry !

It's fine to renew PR card as long as you have required 730 days in past 5 years.

Note that if he manages to enter Canada without being reported by CBSA for non-compliance of RO, he can't leave Canada for any reason until he's back in compliance with the RO. Any exit/re-entry, would most likely result in RO violation being discovered and process started to revoke PR status.

Also during time not meeting RO, he can't sponsor any family members for PR.

 

[hambousha]

Then what happenss if the immigration officer reported that ge has been out of the country for four years and he has only one year left in the PR ?

 

[Bs65]

Then what happenss if the immigration officer reported that ge has been out of the country for four years and he has only one year left in the PR ?

Look the basic rule is that PR cards expire PR status never expires but can only be revoked or renounced.

If someone has been out of the country for 4 years since initial landing then they have not met the residency obligation so should they return now they might get reported at the border resulting in the process starting to revoke PR status. This may or may not happen there is no way to predict .

If it happens then as a PR an individual is still entitled to enter the country and appeal any process initiated to revoke PR status which might take a year, again no way to predict but they can stay until any appeal has been concluded.

If somehow despite being away for 4 years out of initial 5 since landing someone enters successfully without being reported then they need to stay in the country for minimum 2 years without leaving at all. They should keep any interaction with IRCC to a minimum, if possible none at all, so no renewal of PR card and no attempts to sponsor anyone.

It is not illegal to not renew a PR card , just having an expired card means travelling outside of Canada can be a challenge as either need a PRTD or return via US land border.

In any case any individual once back in the country should not leave the country whilst the residency obligation has not been met. After the initial 5 years the RO assessment becomes a rolling 5 years so 730 days in the 5 years preceeding any new entry into the country.

 

[hambousha]

Thank you allll
Very comprehensive
So my conclusion now
If he enerers after 4 yrs of being out of the coyntry after landing he might get reported by the officer as a start of revokvoking PR plan or the officer kiggt not report so the guys can stay inside for 2 yrs the renew happens
Thanks

 

[hambousha]

One more thing guys please ,
Usually appeals are accepted ? Or probably they revoke PR do not meet residency obligations?
Lets say some one rentered Canada in his last year and applied for rebewal after passing a second year
Would they approve it ?

 

[hambousha]

?

 

[canuck_in_uk]

One more thing guys please ,
Usually appeals are accepted ? Or probably they revoke PR do not meet residency obligations?
Lets say some one rentered Canada in his last year and applied for rebewal after passing a second year
Would they approve it ?

Appeals depend entirely on the individual circumstances.

If the person meets the RO at the time of applying, the renewal will be approved.

 

[hambousha]

Did not get the last reply meaning
So now if someone enters in the last year of validity and stays 2 years (one when his PR is still valid and another one after its expiry) continuously would he be able to renew?