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PR card Expires before the 730 days required

Leon

VIP Member
Jun 13, 2008
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Job Offer........
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birds said:
HI Leon
Thanks a lot u have solved my confusion,as someone was telling me that it is now mandatory to complete certain number of days every year,which seems to be very difficult coming to Canada each year
They may have been referring to the old PR residency requirements which was 6 months a year but they changed them in 2002 to 2 years in every 5.
 

Peace Lover

Member
Dec 19, 2013
19
0
Hi Leon,

Thanks for for all the efforts and time you put to help people out.

I landed with the family in 2010 and we stayed only 45 days in Canada. Then we entered again and stayed for another 45 days. Our PR will expire in July 2015. I understand from your feedback that renewing the PR is not an issue if we make 730 days by the time we apply but we should not renew unless we meet the time requirement.

Now we decided to move back to Canada and stay for good (1 year and 9 months are left in the PR). My question now: Is it likely to be questioned in the airport if we declare that we have been out of the country since July 2011? Is it better to say that we left 3 months ago for example or their system show also when we left which puts us in a serious trouble? I entered Canada alone for 10 days in September 2013 and declared that I have been away for 1 year but I didn't face face any issues in the airport.

Thanks in advance for your help.
 

Leon

VIP Member
Jun 13, 2008
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It is better never to lie to immigration because you don't know what they know and if they catch you lying, you could possibly be charged with fraud, lose your PR and pay a hefty fine too. This actually happened to some people, see http://news.nationalpost.com/2012/10/03/couple-fined-120000-for-immigration-fraud-following-government-crackdown/

If you get lucky, you won't get too many questions and will be able to enter and spend two years. If the immigration officer realizes that you do not meet the RO, they might still not report you. It also depends on why you were unable to meet the RO. The IO may be more sympathetic if you were stuck outside taking care of your sick mother than if you were outside Canada because you had a really good job and made a lot of money.

If they report you on entry, you would have to appeal for your PR stating your reasons. If you had H&C grounds, you have to prove them.
 

Peace Lover

Member
Dec 19, 2013
19
0
Thanks Leon. Some people told me it is to risky to mention that we stayed 2 years outside Canada. The immigration will very likely question you in this case. They advised me to declare one year only and this will leave us in good position especially now with the new system (You just scan the PR through the machine then an immigration officer quickly see the form you filled and ask what are you doing outside of Canada). So I'm really not sure if we should say 2 years which is so obvious?

Also, we have a residency visa in one of the gulf countries printed on our passports. Do you think it is better to cancel this before we enter Canada in order not to grab their attention?

BTW, we are originally from a country which is witnessing war. My mother also left our original country because of the war and I am indeed taking care of here in the gulf county where we live now.
 

Leon

VIP Member
Jun 13, 2008
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I can only advise you that although it may be risky to tell immigration that you were outside for 2 years, this is still allowed for a PR to be outside for up to 3 and I think it would be more risky for you if you lie.

You should probably cancel your visa before you go and you can tell them if they ask that you have been taking care of your mother but if they report you and you have to appeal for your PR, they will not consider taking care of your mother unless she was ill and needed care and you would have to prove that.
 

Peace Lover

Member
Dec 19, 2013
19
0
Thanks Leon. When you say i need to prove it, do you mean medical reports and doctor's notes or it is something more extensive? I do have such reports already from her doctor and I have what to prove that she is in the same country at my home.
 

zardoz

VIP Member
Feb 2, 2013
13,325
2,159
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Peace Lover said:
Thanks Leon. When you say i need to prove it, do you mean medical reports and doctor's notes or it is something more extensive? I do have such reports already from her doctor and I have what to prove that she is in the same country at my home.
I think that you might have to prove that not only was she seriously ill, but that you were the only reasonable source of care for her. For example, if you had siblings, you might have to show why they couldn't care for her. The responsibility of proving that you were incapable of returning to Canada lies with you. CIC don't have to prove that you could.
 

Peace Lover

Member
Dec 19, 2013
19
0
Thank you guys. Just to update you for the benefit of everyone, I arrived Canada yesterday and no one asked a single question at the airport. It was very smooth (we have 19 months left in the PR). I must thank you for this website which I came through only 2 weeks ago - it provided me with priceless credible data that put an end to so many contradicting information!

I have a question now concerning super visa for my mum. What do I need to submit for such a visa and will this affect our status (again we have 19 months in our PRs)?
 

scylla

VIP Member
Jun 8, 2010
72,427
11,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Have you started a job in Canada that meets the LICO for the super visa?

http://www.cic.gc.ca/english/information/applications/guides/5256ETOC.asp#incometables

If not, then you'll either have to wait until you have a job in Canada that allows you to meet LICO or your mother will have to apply for a regular visit visa.
 

birds

Star Member
Dec 23, 2012
82
0
My mother in law passed away to heaven last week.We are in a big shock now, what to do next? my father in law needs a lot of care now.
 

Peace Lover

Member
Dec 19, 2013
19
0
scylla said:
Have you started a job in Canada that meets the LICO for the super visa?



If not, then you'll either have to wait until you have a job in Canada that allows you to meet LICO or your mother will have to apply for a regular visit visa.
Thanks. Could you please let me know if there is any risk on the PR if I applied a TRV my mother? We didn't complete 730 days and I don't have a job yet. I read some many replies submitted by Leon and other experts that "sponsoring" a family member before meeting the 730 days requirement will risk my PR but I am not sure if "sponsoring" means "applying for a visit visa". Please advise.
 

scylla

VIP Member
Jun 8, 2010
72,427
11,530
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Peace Lover said:
Thanks. Could you please let me know if there is any risk on the PR if I applied a TRV my mother? We didn't complete 730 days and I don't have a job yet. I read some many replies submitted by Leon and other experts that "sponsoring" a family member before meeting the 730 days requirement will risk my PR but I am not sure if "sponsoring" means "applying for a visit visa". Please advise.
No - sponsoring is not the same as applying for a visitor visa / super visa. You can go ahead and apply for a visitor visa / super visa for your mother.
 

birds

Star Member
Dec 23, 2012
82
0
Hi Leon,
you are always very helpful and kind.I want your guidance in another matter can we apply for RESP grant of our children from outside Canada being permanent residents.OR someone else can apply on our behalf from inside canada.My son elder is 15 years old and younger one is 12 yrs.
 

Leon

VIP Member
Jun 13, 2008
21,957
1,280
Job Offer........
Pre-Assessed..
birds said:
Hi Leon,
you are always very helpful and kind.I want your guidance in another matter can we apply for RESP grant of our children from outside Canada being permanent residents.OR someone else can apply on our behalf from inside canada.My son elder is 15 years old and younger one is 12 yrs.
According to http://www.canlearn.ca/eng/savings/cesg.shtml the children must be residents of Canada so it depends on how they define that. In most cases, the definition of a resident would be someone who lives in Canada at least 6 months a year.

http://www.canlearn.ca/eng/common/help/faq/index.shtml#tabs6 clarifies further that the child must be a resident of Canada when the contribution is made.