PR obligation and deadline date

[Frisky]

Hi Qorax/Leon,

I hope you are well.

I along with my wife and 3 children arrived as landed immigrants on 1st August, 2011. While the family stayed there, I had to shuttle between Toronto and ME due to family commitments as I have an aging mother who is unwell. As of date, I have physically stayed 150 days in Canada. I have the below questions which have been bothering me for a while, and was hoping you may assist me and direct me in the correct direction.

1. is 5 year period for PR renewal counted from the date of arrival as landed immigrant OR the issuance of PR card date. I mean if i landed on 1st Aug 2011, is my PR validity until 1st Aug 2016. I was issued my PR card only on 17th Jan, 2012 and valid until 17th Jan 2017.

2. For completion of 730 days in the 5 year period, would i take 1st Aug 2016 or 17th Jan 2017 as my cut off date.

3. Based on your answer to the above, could you let me know when is the latest I should be back in Toronto to complete the remaining 580 days to fulfill my PR obligation.

4. I do visit Toronto 3 times a year and thinking of doing this going forward. If i just close shop 3 months prior to PR expiry date and stay continously for next 2 years, can i then renew the PR card. Would that have implication searching jobs as my PR card would have been expired.

5. If i come for good closer to PR expiry date, can I be reported at port of entry OR just be lucky not to be queried. Is this a risk I will be taking?

6. I will base point 4 & 5 on what advise you give me.

7. I was told one can surrender the PR card back to CIC, if not been able to fulfull the obligation before expiry date. Re-apply again for a PR card based on the reason for not being able to fulfill through a lawyer. Is this correct. In the interim when I surrender the PR card and re-apply for a new one, I can travel on a visit visa. Is this correct?

Thank you for your time and I look forward to hearing from you. As I was not aware on the above dates and obligations, I will have to close shop ASAP but will wait to hear from you first.

Regards,

Frisky

 

[zardoz]

I am going to try and answer these questions for you. First I have a couple of comments that are relevant.

You, like many before you and I'm sure, many still to come, have misunderstood the relationship between the PR "status" and the PR "card".

Your PR status is personal to you. It makes no difference where you are in the world, for how long, or why. It makes no difference if you have a PR card, expired or valid, or if you don't have one. You are either a Canadian PR or you are not.

Your PR card is a tool. It permits you to travel back to Canada on commercial carriers. This was its primary purpose, as a travel document. However, due to function-creep, it's now also being used, incorrectly, by various entities as a "proof" of status document.

Now the answers...

1. The first five years started when you landed.

2. For completion of 730 days in the 5 year period, you would take 1st Aug 2016

3. My computer calculates this at 30th Dec 2014. Allow a few extra days for comfort.

4. Some employers expect to see a valid non-expired PR card. They should NOT base their responses on this, but they do. It's a fact of life.. However, the 730 days in Canada will reset your residency obligations compliance and you will then be able to renew your PR card. During this time you personally will remain a PR regardless.

5. If, at any point that you face an Immigration Office at a port of entry, you can be questioned and if you don't meet the residency obligation requirements, you can be reported. Note *can*, not *will*. As a Canadian PR (regardless of being reported or not) you have the right to be allowed to enter Canada.

6. Comply with the residency obligation requirements and ensure that you are not outside Canada for more than 1094 days from the date you landed until the date that you re-enter Canada.

7. You were told wrong. See my initial comments above. You *are* a PR until you formally renounce it or it is formally revoked. Your PR card is not relevant to this. As a PR you are not eligible for *any* form of visa. The official way to return to Canada with an expired/lost/missing PR card is to apply for a Travel Document at your local Canadian embassy/high commission.

Hope this clarifies things for you...

 

[Frisky]

Many thanks Zardoz. Much appreciated.

 

[zardoz]

Just added a couple of clarifications to my previous post.. You might want to take a look.