PR card and residency obligations - please reply Leon and others

[dcam]

I am an Engineer who was granted a PR status in 2009. I landed
in Canada in October 2009. Because of a CIC mistake onto my PR Card,
issued late in 2009, I requested a correction which was accomplished
in April 2011. So my PR card will expire in 2016.
I did not get work in Canada yet and I kept my job in Brazil.
Meanwhile I entered Canada 4 times for short periods (less than a
month) in the last 3 years. I have been out of the Country for more
than 730 days and I would like to get a extension in my Resident
status for some more time. Actually I can live in Canada and work
overseas. I can work two weeks offshore and spend my days off within
the Country. How long can I keep that, travelling once a month to and out Canada?
This is my consultation. Is that possible to get an extension
on that time or not? If so, when is the best time for applying, now or
later after expiration? Is there another way to get a resident status
(likewise buying a house there or opening a small business, etc.).
What are my options now?

 

[Leon]

To meet the residency requirements, you must spend 730 days in Canada in any 5 year period. If you landed 3 years ago and have not spent much time in Canada since then, it is now time for you to move to Canada full time if you want to be able to meet the residency requirements on your 5 year PR anniversary.

As for working outside Canada for 2 weeks a month, that would have been enough to meet the residency requirements if you had done it from the start but now that you have been outside Canada for so long, you really need to come back full time for 2 years in order to meet your requirements.

However, if you do not want to live in Canada, you do not need the PR.

 

[Littledmond]

Dear Leon,

i have a question, which has been confusing me for a while.

here is the scenario. first of all, for example, the timeline is following:

Jan 1, 2011 - landed and resided in Canada (365 days);
Jan 1, 2012 - outside Canada (0 day);
Jan 1, 2013 - outside Canada (0 day);
Jan 1, 2014 - outside Canada (0 day);
Jan 1, 2015 - reside in Canada (365 days); OR,
Jan 1, 2015 - outside Canada until May 30 and come back on Jun 1, 2015 (214 days in Canada only)

if i come back to Canada on Jan 1, 2015 and spend one whole year in Canada. i can then apply for PR Card renewal on Jan 1, 2016, right?

if i come back on June 1, 2015, may the border officer question my purpose/status or believe that i do not meet the residency requirements? will they deny me entry the country or can they? but technically, to my knowledge, they still have to let me in. even if i come back on December 30, 2015, they still have to let me in because i have not officially lost my status. in this case, however, when i get in, the first year period (2011) will not be counted and i should apply for the renewal on Jun 1, 2017 (assuming i will reside in Canada).

am i technically right? will there be any possible problem in real situation, from the custom entry (border officer) to the application of renewal (PR centre officer)?

thanks again for your kind attention.

 

[Leon]

1. if i come back to Canada on Jan 1, 2015 and spend one whole year in Canada. i can then apply for PR Card renewal on Jan 1, 2016, right?

2. if i come back on June 1, 2015, may the border officer question my purpose/status or believe that i do not meet the residency requirements? will they deny me entry the country or can they? but technically, to my knowledge, they still have to let me in. even if i come back on December 30, 2015, they still have to let me in because i have not officially lost my status. in this case, however, when i get in, the first year period (2011) will not be counted and i should apply for the renewal on Jun 1, 2017 (assuming i will reside in Canada).

1. If you come back on Jan 1, 2015, you can apply for the PR card on Jan 1, 2016 as you will then have 730 days in the past 5 years.

2. The immigration officer may question if you meet the residency requirements. If they think you haven't, they must let you in but they can report you as being in breech of the requirements. You may appeal for your PR status and then have to wait and see what happens. From what I have heard, they do not seem to report people very often though. If you have good reasons for being away such as taking care of your sick mother in old country, just say that and they will be more lenient with you. However, if it comes to an appeal, you would have to prove that your mother was really sick for that to be accepted.

You are right in that if you arrive on June 1, 2015 or basically any time after January 1, 2015, you will not be able to meet 730 days using your first period because it is expiring day by day. Say you come on Jan 11th. 2015, you will by Jan 1. 2016 have 720 days in Canada and it will always stay 720 because each day you spend in Canada will expire one day from the old period. That is until the old period is completely expired, then you start to add more days and will reach 730 days on the 2 year anniversary of your coming back.