PR expires soon- PRO not met yet..

[alexwink]

Dears
Many thanks in advance for your help and I`m already for sorry for the bunch of questions below.
I landed in Canada in Oct 2010. Since then I have worked overseas for non - Canadians companies and also for Canadians companies (full time, under contract for 272 days in 2012 and 74 days in 2014).
I understand that the period overseas working for a Canadian company can be counted for RO, is that correct?
I also have worked in Canada in 2013 for 206 days (although some traveling overseas for few days). Since 2013 I have a rented appartment in the city where I lived in 2013 and to where I go everyime I come to Canada.
At the moment I`m working overseas for a non-canadian company, so I come here once and a while for few days.

My PR will expire in Feb15,2016 and I intend to come back in January or in the begining of February 2016.
Until today I have counted around 580 days (counting the employments overseas+days working in the country+days traveling to Canada for short time in 2011, 2013, 2014 and 2015)

What should I do regarding the renewal of the PR Card? I believe I have to arrive before the date of expiration, but coming in January or even begining or February will not be a problem??
How long should I stay? Must I stay for 2 years or can I stay only for enough time to complete 730 days in the last 5 years?

Can I work in Canada legally during the period, even with PR Card expired?
Do I need a PR to live in Canada once if I come back before its expiration date? Do I need the PR only for travel purposes?

Sorry for so many doubts..thank you very much.

 

[dpenabill]

Dears
Many thanks in advance for your help and I`m already for sorry for the bunch of questions below.
I landed in Canada in Oct 2010. Since then I have worked overseas for non - Canadians companies and also for Canadians companies (full time, under contract for 272 days in 2012 and 74 days in 2014).
I understand that the period overseas working for a Canadian company can be counted for RO, is that correct?
I also have worked in Canada in 2013 for 206 days (although some traveling overseas for few days). Since 2013 I have a rented appartment in the city where I lived in 2013 and to where I go everyime I come to Canada.
At the moment I`m working overseas for a non-canadian company, so I come here once and a while for few days.

My PR will expire in Feb15,2016 and I intend to come back in January or in the begining of February 2016.
Until today I have counted around 580 days (counting the employments overseas+days working in the country+days traveling to Canada for short time in 2011, 2013, 2014 and 2015)

What should I do regarding the renewal of the PR Card? I believe I have to arrive before the date of expiration, but coming in January or even begining or February will not be a problem??
How long should I stay? Must I stay for 2 years or can I stay only for enough time to complete 730 days in the last 5 years?

Can I work in Canada legally during the period, even with PR Card expired?
Do I need a PR to live in Canada once if I come back before its expiration date? Do I need the PR only for travel purposes?

Sorry for so many doubts..thank you very much.

Overall, you are already in breach of the PR Residency Obligation and any time you arrive in Canada you could encounter a CBSA officer, at the POE, who issues a 44(1) Report for inadmissibility based on a failure to meet the PR RO. If you want to retain PR status, best to get back in Canada to stay as soon as possible.

Expiration of PR card has no direct effect on your PR status. You remain a PR unless and until you are denied a PR Travel Document, or are reported for a breach of the PR Residency Obligation and you lose the appeal (or do not appeal).


Longer answer with explanations:

The time working as a contractor abroad for a Canadian company probably will NOT count toward compliance with the PR RO. Explaining this is a bit complicated. There are numerous other topics here in the forum which go into detail about this. The details matter and I do not know your details, so I am not certain about your particular situation, but the dominant impression is that you were (1) not working full time for a Canadian employer in Canada and then (2) temporarily assigned abroad with (3) the intent that you would return to your position with that employer to work here at a Canadian location. All three are required for the time employed by a Canadian employer to count. Thus, under the way CIC has been interpreting this exception, it appears your employment abroad will not count even though it was with a Canadian employer.

Coming and going helps improve your odds of not encountering a residency interview at the POE so long as you are presenting a valid PR card. No guarantees. Once you are in breach, you could be reported. But the number of trips through a POE you seem to have made probably gets you a pass, again so long as you are presenting a valid (not expired) PR card.

Perhaps the only practical way to preserve your PR status is to return to Canada to live full time before your PR card expires and then not leave Canada again until, for certain, and can readily prove, you have been in Canada for 730+ days within the immediately preceding five years.

Expiration of the PR card has NO direct effect on your PR status.

If you are abroad and the PR card expires, you would be presumed to not have valid status, but that is largely a procedural matter fully shifting the burden of proof to you.

If you are in Canada when the PR card expires that is no big deal. But you should be sure to take care of applying for a provincial drivers license, provincial health care coverage, and so on. Some government services will recognize an expired PR card as proof of status, but the staff who handle things may not be aware of this, and I am not sure which provincial services will.

You would still be a PR with all the rights and privileges of a PR, so there is no restriction on employment. Mostly need to display your SIN card if requested by a prospective employer.

Applying for new PR card: Be sure to wait until you have a substantial margin more than 730 days credit for time in Canada, within the immediately preceding five years (as of the date you apply), before applying for the new PR card. A new PR card does not give you a new five year period to meet the residency obligation. Rather, from now on compliance is calculated based on the previous five years.

 

[alexwink]

Overall, you are already in breach of the PR Residency Obligation and any time you arrive in Canada you could encounter a CBSA officer, at the POE, who issues a 44(1) Report for inadmissibility based on a failure to meet the PR RO. If you want to retain PR status, best to get back in Canada to stay as soon as possible.

Expiration of PR card has no direct effect on your PR status. You remain a PR unless and until you are denied a PR Travel Document, or are reported for a breach of the PR Residency Obligation and you lose the appeal (or do not appeal).


Longer answer with explanations:

The time working as a contractor abroad for a Canadian company probably will NOT count toward compliance with the PR RO. Explaining this is a bit complicated. There are numerous other topics here in the forum which go into detail about this. The details matter and I do not know your details, so I am not certain about your particular situation, but the dominant impression is that you were (1) not working full time for a Canadian employer in Canada and then (2) temporarily assigned abroad with (3) the intent that you would return to your position with that employer to work here at a Canadian location. All three are required for the time employed by a Canadian employer to count. Thus, under the way CIC has been interpreting this exception, it appears your employment abroad will not count even though it was with a Canadian employer.

Coming and going helps improve your odds of not encountering a residency interview at the POE so long as you are presenting a valid PR card. No guarantees. Once you are in breach, you could be reported. But the number of trips through a POE you seem to have made probably gets you a pass, again so long as you are presenting a valid (not expired) PR card.

Perhaps the only practical way to preserve your PR status is to return to Canada to live full time before your PR card expires and then not leave Canada again until, for certain, and can readily prove, you have been in Canada for 730+ days within the immediately preceding five years.

Expiration of the PR card has NO direct effect on your PR status.

If you are abroad and the PR card expires, you would be presumed to not have valid status, but that is largely a procedural matter fully shifting the burden of proof to you.

If you are in Canada when the PR card expires that is no big deal. But you should be sure to take care of applying for a provincial drivers license, provincial health care coverage, and so on. Some government services will recognize an expired PR card as proof of status, but the staff who handle things may not be aware of this, and I am not sure which provincial services will.

You would still be a PR with all the rights and privileges of a PR, so there is no restriction on employment. Mostly need to display your SIN card if requested by a prospective employer.

Applying for new PR card: Be sure to wait until you have a substantial margin more than 730 days credit for time in Canada, within the immediately preceding five years (as of the date you apply), before applying for the new PR card. A new PR card does not give you a new five year period to meet the residency obligation. Rather, from now on compliance is calculated based on the previous five years.

Thank you