PR card expiry - timing and obligations?

[leondb]

Good day,

This forum seems to have the people that would be able to give me answers to the questions I have. I hope that you will be willing to assist me as I have Google'd quite a bit and can't find an answer to my specific question.

I have had PR status for almost 3 years now, but have been outside Canada in my home country for various reasons. My PR card expires October 2020.

1) I am currently in Canada for a job interview at a University. If I get this job it might only start in July 2019 (yes Academic positions can be weird sometimes).
2) My PR card expires October 2020 - does this mean at the end of that October? Which means that as I have been absent so long I should be in by October uninterrupted until 2020 to renew the card?
3) Will I be able to travel to and from Canada after October 2018? Or will it effectively mean that my PR card will already be useless as I won't be able to make the residency requirements as per the PR card's expiry date?
4) If the position does start in July 2019 - is it an option to come back to Canada for example in June 2019 and wait the few months after the expiry of the PR card needed to make up the days and then apply for a new PR card?
5) Is there another option I am missing? I don't want to lose this job because I won't be able to make the residency requirements due to the starting date.

Thank you in advance for your time and consideration.

Take care.

 

[Bs65]

Your PR card expiry date in first 5 years is irrelevant, it is your landing date that is important so guessing based on an October PR card expiry that maybe you landed in August 2015 or thereabouts. So from 8/2015 through 8/2020 you need to be in Canada for 730 days to meet the residency obligation.

If you do not meet the residency obligation then whilst your PR card is still valid you will always run the risk of being reported every time you come back after August 2018 leading to your PR status being revoked. Of course this depends on the CBSA officer at the time, no way to predict.

Of course you could leave it until 2019 to come back but later you leave it without meeting the RO the odds increase of being reported. As a PR you will always be entitled to enter the country given PR status can only be revoked or renounced.

Your only sure option would be to come back in August and stay put without leaving until after 8/2020 after which you can apply to renew your card having by then met the RO. A difficult option if no job of course until 2019

 

[leondb]

Thank you for your response.

Oh wow, so I may already have problems. Never knew it was based on landing date, just assumed because it said October on the card. But what you say does make total sense.

Can we quickly discuss hypothetical situations?

1) Let's say I come here in July 2019 and I am allowed access and not reported, does the scenario then come into play that I have to stay the 2 years and I reapply for the card, or will I only be allowed one on humanitarian grounds no matter if I've then been here two years due to the landing date you mentioned?

2) What I understand from you, even if I am reported when entering, I will still be allowed access to the country but the PR card will be revoked eventually in that process? In other words, I will not be deported at the airport immediately?

3) If I am allowed in and scenario 1 is not an option, I guess my only option would be to renounce the permanent residence and get a work-based visa from my employer?

4) Am I missing any options?

Thanks again for taking the time to respond.

 

[canuck_in_uk]

Thank you for your response.

Oh wow, so I may already have problems. Never knew it was based on landing date, just assumed because it said October on the card. But what you say does make total sense.

Can we quickly discuss hypothetical situations?

1) Let's say I come here in July 2019 and I am allowed access and not reported, does the scenario then come into play that I have to stay the 2 years and I reapply for the card, or will I only be allowed one on humanitarian grounds no matter if I've then been here two years due to the landing date you mentioned?

2) What I understand from you, even if I am reported when entering, I will still be allowed access to the country but the PR card will be revoked eventually in that process? In other words, I will not be deported at the airport immediately?

3) If I am allowed in and scenario 1 is not an option, I guess my only option would be to renounce the permanent residence and get a work-based visa from my employer?

4) Am I missing any options?

Thanks again for taking the time to respond.

1. If you can get in without being reported, you need to remain for 2 straight years to once again be compliant with the RO and apply for renewal.

2. You will be allowed entry but if reported, proceedings will begin to revoke your PR status. You can appeal with any H&C claims within 30 days but it sounds like you don't have any, so you would expect revocation and to be ordered to leave Canada.

 

[leondb]

1. If you can get in without being reported, you need to remain for 2 straight years to once again be compliant with the RO and apply for renewal.

2. You will be allowed entry but if reported, proceedings will begin to revoke your PR status. You can appeal with any H&C claims within 30 days but it sounds like you don't have any, so you would expect revocation and to be ordered to leave Canada.

Thanks. Last question. Realistically, if I have 1.5 years left on the card, wouldn't the chances be less of being flagged/reported? I know the chance is always there, but was just wondering with that amount of time left if it would arouse suspicions, if you have had other entries into Canada previously.

 

[canuck78]

You also can't sponsor anyone until you are compliant with your RO. Not sure if you have gotten married or had a child since were granted PR.

 

[leondb]

You also can't sponsor anyone until you are compliant with your RO. Not sure if you have gotten married or had a child since were granted PR.

Wow, also interesting. Luckily, not married or had a child. So not possible to sponsor someone in the first five years unless you have been present 2 years?

 

[canuck78]

Wow, also interesting. Luckily, not married or had a child. So not possible to sponsor someone in the first five years unless you have been present 2 years?

You need to be compliant with the RO if you want to sponsor.

 

[vensak]

Thanks. Last question. Realistically, if I have 1.5 years left on the card, wouldn't the chances be less of being flagged/reported? I know the chance is always there, but was just wondering with that amount of time left if it would arouse suspicions, if you have had other entries into Canada previously.

Whenever your are not meeting RO it is a lottery. You might or might not be reported. That is even if you have a valid PR card.

 

[leondb]

Thanks everyone!