PR card renewal

[clay74]

Dear Leon,

Here is the situation......I have miscalculated my residency requirements (730 days in 5 yr period) by going with the date of expiry on PR card and not the date of landing....thereby falling short by a mere 9 days when my PR card comes up for renewal on the 20th of May 2013. I am currently in Canada and am employed in a permanent job here...............I wish to know the following
1. Will they consider this shortfall as genuine human oversight?
2. My family (wife and kid) do not meet the residency requirement by approximately 6 months as they have been out of canada longer than I. We are all currently here in Canada, though they have to travel back in june this yr,as we wanted to know our status regarding the renewal before shutting shop in our country of residence
3. Should we apply as a family for renewal? Should i apply individually as i am only 9 days short?

What are my chances of getting a renewal ...............do i loose my status as a permanent resident in other words am i illegal in the interim if i stay on to complete the 730 days and then apply for renewal.

would appreciate an urgent reply as we want to make the application for renewal

 

[Msafiri]

1. They may or they may not but why take the risk?

2. You have failed to meet the Residence Obligation (RO) of at least 730 days of physical presence in the 5 years prior to PR Card application so by law your applications should be refused and you would be required to leave the country as you are inadmissible. You may however just get a refusal with advice to re-apply when you have 730 days but why risk it?

3. No you should not apply as a family. You apply separately when you each have at least 730 days which for you is easier than for your family especially as they are leaving. There is no law stating a PR must have a valid PR Card whilst living in Canada. The PR Card is a status document for travel purposes...it shifts the burden onto CIC/CBSA at a port of entry as it presumes the holder has valid PR Status even when they are in breach of the RO.

If you apply with at least 730 days your application will be accepted and processed. I suggest apply with at least a 10 day buffer in case you made another mistake in your counting. CIC may however issue you a residence questionnaire requiring you to submit documentation as proof of your residence in Canada e.g. employment letters, T4s, Notice of Tax Assessments.

If you apply with less than 730 days then you need to have Humanitarian and Compassionate reasons of a compelling nature as to your absence e.g. you were undergoing chemo and could not travel. Absences for employment and other lifestyle reasons don't cut it...the courts have ruled as such consistently when PR Card renewal refusals have been appealed for such. What are the reasons for your absences? Your application will also be non routine so it will take longer than the quoted times and you may be called for interview..I'd say about 12 months for processing.

Also if your family don't get their PR Card renewals prior to departure and there is a delay in processing they may have problems re-entering Canada. Are they visitor visa exempt nationality to Canada or have a US visa which enables them easier airport and land border entry respectively? If not they must have PR Cards or will have to apply for a Travel Document at the Canadian Visa Office in their country of residence...this will likely get refused as they fail the RO.

If they loose their PR you will have to sponsor them again but this needs your PR Status not to be in doubt which is best evidenced by your renewed PR Card...you may be separated for some time unless you travel to see them whilst maintaining the RO. Maybe you should re-think your family leaving...why do they need to reside outside Canada if ok to ask?

Just my 0.02 c

 

[clay74]

Thanks msafiri,

ur reply has been very helpful....................appreaciate it!

 

[Leon]

Let your PR card expire and only apply to renew it when you have a solid 730 days in the past 5 years before applying.