PR Obligation Breach & Renewal Process

[Kamaria]

Hi Everyone,

I have relied on this forum a lot during my journey to becoming a permanent resident of Canada and I am very grateful for all the contributions of everyone. I do have a concern and I hope that the members of this community will be able to help me. I have tried searching the forum to see if I can find my answer but to no avail.

Anyway, I became a permanent resident on July 12, 2010. I only stayed in Canada for a week and left on July 18, 2010 and I never returned to Canada until this year. My permanent resident card expires on August 26, 2015. This year I got married and I decided that I would no longer pursue my dream of living in Canada. However, at the last minute I felt that I should not give up on the opportunity so easily despite the fact that I have a good life and my husband in my home country. As a result, I came to Canada on August 5, 2013.

I was required to fill out the immigration card and on it I stated that the last time I was in Canada was on July 18, 2010. The immigration officer that I got asked me how long I had been out of Canada and before I could reply she said that it has been 3 years. She then asked what my occupation was and how much cash I had on me. I was then allowed to enter the country.

When I was assessing how much time I could spend outside of Canada I was looking at when my card would expire. So I felt that if I came to the country before August 26, 2013 I would be fine. My question is: have I already spent too much time outside of Canada? If yes, would I have problems renewing my PR card if I stay for 730 days consecutively? As part of the PR renewal application I will need to submit all the pages of my passport for the past 5 years. Will this pose a problem if they can determine from my stamps that I was in breach? My passport has stamps from when I enter Canada and when I enter my home country so it is very easy to tell how long I have been out of Canada.

Any advice will be greatly appreciated.

 

[scylla]

As long as you have 730 residency days in the last 5 years when you apply to renew your PR card - you will be fine.

However I would hold off sponsoring your wife for PR (if you plan to do that) until you meet the residency requirement.

 

[Msafiri]

The immigration laws reference the requirement to meet the Residence Obligation relative to your landing date so you need to forget about the PR Card expiry date as it gives you 'false' credit. You need to have 730 days of physical presence on 12 July 2015 to secure your RO. You lucked out on return as the border agent let your 2 weeks or so potential shortfall slide. Its best for you not to leave Canada until you renew your PR Card which you should do 'after' you have 730 days in the 5 years prior to the application date.

Don't sponsor either as per scylla since this will alert CIC of your shortfall. Those processing your PR may not necessarily share the goodwill of the agent that re-admitted you this summer. What were the reasons for your absence?

 

[Kamaria]

Thanks for the advice guys. I really made a mistake by confusing my landing date and my PR card's expiration date. I plan on staying for the 730 days but I just hope that my passport doesn't raise any red flags when I try to renew my PR.

The reason I stayed out of Canada stemmed from the fact that it took 5 years for my PR to come through. When you first apply you are all set and ready to make the move but your life changes so much after that. You might start a new relationship or get a career opportunity. For me it was both. I met my husband and we started a business together. Actually the year that I landed we were in the process of opening a new location so I couldn't spend too much time inside of Canada. We were focused on growing the business and our presence there was very important. After we got married this year I felt I needed to nurture the relationship and forget about Canada but I couldn't do it without first trying. So at the last minute I decided to come. I wish I had planned it better though.

 

[Leon]

Under the current rules, if you manage to stay in Canada for 730 days without getting reported for not meeting the RO, you are safe. That means not having met the RO for some period earlier than that can not be used against you. You can read about this here:

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7 where it says:

For persons who have been permanent residents of Canada for more than five years, the only
five-year period that can be considered in calculating whether an applicant has met the residency
obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii)
precludes a visa officer from examining any period other than the most recent five-year period
immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant’s past, but must always assess the most recent five-year
period preceding the receipt of the application.

 

[Kamaria]

Thanks Leon!