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PR card Expires before the 730 days required

salam alsalam

Newbie
Oct 12, 2012
9
0
Hello Leon,
I have a question, is it ok to have a UK (Entrepreneur Visa Tire 1) on my passport while am renewing my Canadian PR or while applying for the citizenship ?? I mean is there any effect ?
Because I have an Entrepreneur Visa for (United Kingdom), I was going to live there but it didn't work out with me, so I returned back to Canada and I have to renew my PR when I will finish the 730 days, so I just want to make sure that if they see the UK Entrepreneur Visa on my passport will they ask questions about it or it doesn't matter at all ?

Thank you very much
 

Leon

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Jun 13, 2008
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If you have 730 days you can prove, then it doesn't matter. However, if you apply with exactly 730 days and a visa like that in your passport, it increases the chance that they may take a 2nd look at your application to see if you really stayed 730 days like you said.
 

salam alsalam

Newbie
Oct 12, 2012
9
0
Thank you very much, I appreciate it.
So what I understand from you is when I completed my 730 days and prove that I attend a school or a university and a lease contracts...etc to prove that I stayed here 730 days should be no problems ?

Thank you very much.
 

salam alsalam

Newbie
Oct 12, 2012
9
0
Hello Leon,
Thank you very much for your answers you have been really helpful, I really appreciate it.

I Just want to know something, I already explained my situation but Im going to explain it shortly so that you can advice me what to do. My PR is going to expire in July 2014
I landed in Canada in 2009 I stayed 8 days, I went back to my country to finish my studying and then returned back to Canada in 2010, I stayed 7 weeks, and then went back to my country then I came back in Oct 2012 and Im going to live here for good.
Now Im so confused, you told me if I stay in Canada 730 days even my PR will be expired I can RENEW my PR, now I heard from some lawyers I have to stay 730 days between July 2009 and July 2014 if I will apply to renew my PR in July 2014 I will complete 688 days so I have to wait till October 2014 but some lawyers said that I have to live the 730 days between July 2009 and July 2014 only that period others don't count.


Is that true ?? because what I understand from you is even if i come to Canada before 1 week from my PR will expire and they will not report me and stay 730 days with expire PR is not a problem at all to renew the PR.

Thank you very much and Im sorry for repeating some questions.
 

Leon

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Jun 13, 2008
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salam alsalam said:
I Just want to know something, I already explained my situation but Im going to explain it shortly so that you can advice me what to do. My PR is going to expire in July 2014
I landed in Canada in 2009 I stayed 8 days, I went back to my country to finish my studying and then returned back to Canada in 2010, I stayed 7 weeks, and then went back to my country then I came back in Oct 2012 and Im going to live here for good.
Now Im so confused, you told me if I stay in Canada 730 days even my PR will be expired I can RENEW my PR, now I heard from some lawyers I have to stay 730 days between July 2009 and July 2014 if I will apply to renew my PR in July 2014 I will complete 688 days so I have to wait till October 2014 but some lawyers said that I have to live the 730 days between July 2009 and July 2014 only that period others don't count.

The lawyer is right and wrong. Right on that technically you should live in Canada 730 days in your first 5 years as a PR and any rolling period after that. Wrong on the count the immigration will only look at your first 5 years as a PR because that is not true. If you did not get reported on entry, immigration doesn't really know where you have been staying. They could investigate but they do not investigate people on a random basis. If you managed to enter without being reported, they would have no reason to examine you again if you stay put in Canada and do not apply for anything from immigration. Do NOT try to renew your PR card if you do not meet the residency requirements. If you do, they will have a reason to investigate you and they don't really have to investigate too much because if you apply without meeting the requirements, you just told them that you don't in your application form so they can revoke your PR and send you home. If you stay in Canada, let your PR card expire and when you do apply to renew, you have already 730 days in the past 5 years, they will not look at any other period than the last 5 years before you applied.

Is that true ?? because what I understand from you is even if i come to Canada before 1 week from my PR will expire and they will not report me and stay 730 days with expire PR is not a problem at all to renew the PR.

Nobody can guarantee that they will not report somebody on entry. Immigration has the right to report you when you enter Canada and either admit that you don't meet the residency requirement or they suspect that you don't. If that happens, you can appeal for your PR and they will look at the reasons why you could not meet the requirements. If you are seen as having humane and compassionate grounds like taking care of family, they may let you keep your PR. If not, they can revoke it and send you home. Studying outside Canada is not considered humane and compassionate grounds for not meeting the residency requirements. Therefore, you should not risk leaving Canada again because when you try to re-enter, it is possible that you get reported.
Read here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.
 

salam alsalam

Newbie
Oct 12, 2012
9
0
Thank you very much Leon, I appreciate your reply.
Now am in Canada and I don't want to leave till I complete the 730 days and renew my PR.
But to be honest am a bit worried because my PR will expire before I reach the 730 days and some lawyers say that the law is to be in Canada 730 days within the 5 years of the PR.
My PR will be expire in July 2014 and I landed in July 2009, they will see from July 2009 to July 2014 only, that's what they said that's why am so confused.
In my situation I have to renew in October 2014 instead of July 2014 to complete the 730 days, so it's about 3 months over the expiration.
The problem is am afraid that when I complete the 730 days and renew in Oct 2014 they will reject me or report me ?

I know am repeating things am so sorry Leon, but to be honest I don't want to stay for 730 days and then at the end they will not renew, everyone says different things and I want to make sure 100% am in the right path.

Thank you very much again Leon, and again sorry for repeating my situation, I just need a final answer from you and will be high appreciate you.
God bless you.
 

Leon

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Jun 13, 2008
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An officer is not permitted to consider just any five-year period in the applicant's past, but must always assess the most recent five-year period preceding the receipt of the application.

The above is from an operational manual immigration uses to decide how they process PR renewal applications and travel documents. I already quoted this in my last reply.

What it means is that when you apply in October 2014, the immigration officers are not allowed to consider any other 5 year period than the most recent 5 year period preceding the receipt of your application. That means that if they receive your application for example on October 20th, they are only allowed to consider the period October 20th 2009 until October 20th 2014. They are not allowed to look at any other 5 year period. They are not allowed to look at the period July 2009 until July 2014.

Another thing you should do is do not apply right away when you reach 730 days. Wait at least 1-2 months so you have a bit more room. One more thing, keep evidence of when you arrived in Canada again. If you have your boarding card from the flight you arrived on in October 2012, other proof of having been in Canada in October etc. you should keep that and send copies of that when you apply to renew.
 

Calgary2012

Newbie
Jan 8, 2013
5
0
Hi Seniors,
I am a new member who have been followed the seniors' posts.
I am very thankful for what you have done Leon, Steaky, Qorax and others.
I am on the same boat with the guys who have been outside of Canada for more than 2 years.
I landed in July 2010 and stayed in canada for 2 weeks after that I went back to my country for work. my PR will be expired on 25 July 2015.
I intent to come back to canada in July this year so I still have 2 years which is 730 days to meet my PR obligation as your posts.
Should I have any issues at the airport or won't they let me in if I have been outside for 3 years? I have UK passport should I use it to get in or use my Pakistan passport with PR card?

thank you in advance.
Steve
 

Leon

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Jun 13, 2008
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As long as you have enough time to meet the residency requirements in your first 5 years as a PR, you can enter on your PR card and they can not deny you entry. They may give you a lecture about how you should stay in Canada for 2/5 years and therefore should not leave again and they would be right.
 

dubai321

Full Member
Oct 1, 2010
35
0
Hi Leon,
Thank you so much for your response.
I just want to confirm that as long as I have enough 730 to go they will not report me and I should not have any problems at the airport.
thank you
Steve
 

Leon

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Jun 13, 2008
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They do not know exactly how long you have been in Canada or haven't but if you come back before you have been a PR for 3 years, it is physically impossible for you to be in breach of the residency obligation because you would still have 2 years left to meet your 730 days. Therefore they would not be able to report you.
 

Calgary2012

Newbie
Jan 8, 2013
5
0
Hi Leon,
Thank you so much.
Can I have another question please? I am confused if they don't know exactly how long I have been or I haven't been in canada so how can they reported some cases who don't meet the requirement of 730 days.
thank you,
Steve
 

Leon

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Jun 13, 2008
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Calgary2012 said:
Hi Leon,
Thank you so much.
Can I have another question please? I am confused if they don't know exactly how long I have been or I haven't been in canada so how can they reported some cases who don't meet the requirement of 730 days.
thank you,
Steve
They have some information but not all. They may suspect that you haven't been in Canada. They may ask you and if you answer with some information that conflicts with the information they have, they know you are lying. If they decide to report you, it would be upon you to prove that they are wrong and that you really do meet the residency requirements. However, like I said, if you arrive in Canada again while you are still a PR for only 3 years or less, you could not possibly be in breach of the requirements yet. It doesn't seem that they report people very often but it does happen.
 

shahryar

Newbie
Jul 21, 2012
4
0
Hi
I have the same position and I have heard that if I apply for my PR after 730 days stay in Canada I might need to go to a court and an officer may clear my history of stay in Canada and asks for a new 3 year period to be eligible to apply for my Canadian citizenship.I really do not know is this correct or not.
Could you please let me know is the any chance by applying to a new PR card I might miss the chance to get my citizenship by next 365 days stay in Canada?
Regards