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PR DUE FOR RENEWAL BUT PERMANENT RESIDENCY REQUIREMENT SHORT BY 18 DAYS

Discussion in 'Permanent Residence in Canada' started by eye-dee, Jul 12, 2019.

  1. Hello Coordinator and all,

    I need help and guidance. My PR is due for renewal but, I will not be able to make 730 days residency requirements before I send it in for renewal. I will give background and will appreciate options that are available to me.

    1. Got my PR (with my family) after 7 years of applying.
    2. Had to come and land very quickly in 2014 due to the limited period available on my medical.
    3. After landing I had to go back to complete the project I was working and sold my property abroad.
    4. Final landing was done in 2015.
    5. My family have no issues renewing their PR or getting citizenship. It is only me that has this issue.
    6. Reason - I was unable to get a job for 7 months, hence had to look beyond Canada to be able to support my family and apply for mortgage for the properties I had deposited for.
    7. I have been in and out of Canada working in the last 3 years. It was never my intention to keep going to work outside Canada
    8. I was able to work full time for my Canadian registered business for a client abroad recently (2018 to date)
    9. Been back to Canada since Dec 2018.
    10. Whilst working abroad, most of the funds I make were moved to Canada where I have acquired 2 properties (living in one and another as rental property)
    11. I had always and still intend to make Canada my home with my family.
    12. My total residence is 18 days short of the required 730.

    What are my options? Do I have to leave Canada when my PR expires or do I apply for renewal on compassionate grounds?

    Purely legal suggestion will be appreciated.

    Thanks in advance
     
  2. Only PR cards expire PR status never expires and can only be renounced or revoked so if you are currently in the country no need to go anywhere. You only really need to renew your card if you have plans to leave the country at any time given you need a valid card or a PRTD to board a plane to travel back.

    So if you have no need to leave country anytime soon then wait it out until you meet the residency obligation if your days add up.
     
    eye-dee likes this.
  3. You need to remain in Canada and wait until you have at least 730 days of residency within the last five years. Only then should you apply to renew your PR card. Yes - you can remain in Canada after your PR card expires.

    Do not apply to renew on compassionate grounds. Working outside of Canada is not accepted as an H&C reason for failing to meet the residency requirement. Working outside of Canada is regarded as a choice by IRCC. If you apply under H&C, you'll be refused and will lose your PR status.
     
  4. Thanks for your quick response. This is comforting. Very grateful for this good news. So if I spend a few more months, I can then renew once I meet residency requirement
     
  5. Great, thanks for the additional information. I will wait till I meet the residency requirement then. Thanks for your support.
     
  6. Yes. Just keep in mind that's it's a rolling five years. So if you have residency days that you are counting back from July or earlier of 2019, they are going to start dropping off (and can't be included) as your roll forward. Make sure you have that math right and don't apply too early.
     
    lankyfellow likes this.
  7. Careful with the working abroad for “your” Canadian company if you are including those days in the calculation. IRCC will want proof that the company wasn’t just a means to meet RO.
     
  8. Agreed. These days cannot be included in the calculation. The requirements to do so have not been met.
     
  9. Many thanks Scylla, Please clarify what you mean by rolling 5 years. For example I landed 05/17/2014 and my 5 years was 05/16/2019 and my PR card will expire 10/01/2019. I have done 712 days till date (including working for my Canadian registered company for a client outside UK). Thanks
     
  10. Thanks for the clarity. The truth is that I registered a company in Canada since 2015 and was only able to secure a contract with a client outside Canada (I have contract and payments remitted to Canada regularly). I work full time for my Canadian registered company and earn a decent salary. Will the days I worked outside Canada not be counted?
     
  11. Thanks for further insight. The contract outside Canada is finished now and I just finished another contract with a Canadian Provincial government, so its a genuine company. Should I still consider including the initial days I have done outside Canada in my calculation or to be on the side of caution spend more time before I renew my PR card - I have no plans of travelling outside Canada till I renew my card
     
  12. The rolling obligation means that on any given day, you must have at least 730 days in Canada in the past 5 years to be in compliance.

    The days working for your own company don't count.
     
  13. The requirements for counting time spent outside of Canada are extremely specific. Based on the information you have provided - your situation does not meet these requirements. You should only count time you have physically spent in Canada.

    To count time working for a Canadian company outside of Canada, the following must happen:
    - You must first be hired by an existing Canadian company for a role in Canada. This must be a company that has Canadian operations (e.g. physical offices in Canada) and income from operations in Canada.
    - Once you have worked in the role in Canada for a while (at least a number of months), that same company must then transfer you to a permanent role outside of Canada.
    - When you return to Canada, you must still be working for the same company (i.e. they must transfer you back to a role in Canada).

    The contract situation you've described doesn't meet these requirements. And you've already said in your first post that you were unable to find a role in Canada - so that means the first criteria above hasn't been met. Definitely do not count these days. Pretty much guaranteed IRCC will exclude them.
     
  14. Ha, Got it now. Thanks for your help.
     
  15. Just saw this now. Definitely will not count in that case.
     
    eye-dee likes this.

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