PR Obligation

[matgeorge]

Hi,

Recently we traveled to US for 2 days and while entering back to Canada, the IO said our records are highlighted in their system. And we should stay in Canada as much as possible otherwise CIC might revoke our PR status. Here is our days of presence in Canada;

1) Made landing on 2007-10-31 and exited on 2007-12-05 = 35 days
2) Entered Canada on 2010-03-31 and exited on 2010-05-11 = 41 days
3) Entered Canada on 2010-06-04 and exited on 2011-10-14 = 471 days
4) Entered Canada on 2011-10-16; no intention to leave until 2012-Dec = 420+ days

Our PRC expires on Nov-2012, we would have met our residency obligation (900+ days in Canada) by the time PRC expires. Are we at risk? Why did that IO said our records were highlighted in the system? I read in many places in this forum that "they will REPORT you", what does that mean? Is it same in my case? They did ask me about our absence in Canada for 2 years when I came in 2010.

Will I have any issues when I apply for PRC renewal? Can I apply for PRC renewal soon after I complete 730 days in Canada? Do I have to stay continously 730 days in Canada or is it accumulated?

Please advice.

Thanks,
matgeorge

 

[scylla]

The 730 days over five years is accumulated (definitely not continuous).

 

[Leon]

They can only report you if they think you don't meet the residency requirements and that means they start proceedings to revoke your PR and you can appeal this. However, they don't seem to report people very often. On this forum, there are a number of people who have been given a stern talking to by immigration officers and even told that their PR is no longer valid but have still been allowed to enter without being reported.

You can apply to renew your PR card once you reach 730 days but better to wait a bit because it looks better. There is no law against letting your PR card expire before you apply for a new one so you don't have to worry that yours will expire and you will not have the new one yet. That is unless you plan to travel around that time, then you do need one.

 

[matgeorge]

Thanks scylla & Leon for your expert advices.

So this means our PR status is not at risk at the moment, isn't it? What happens if we travel outside after I renew our PRC? Do they count those absence in the first PR card period or renewed PR card period?

Thanks in advance.

 

[Leon]

So this means our PR status is not at risk at the moment, isn't it? What happens if we travel outside after I renew our PRC? Do they count those absence in the first PR card period or renewed PR card period?

Your PR status is not at risk at the moment. The 5 year period looked at is your first 5 years as a PR and after that it is any rolling 5 year period, that is the 5 years immediately before today, every day.

That means that the PR card period doesn't really matter. If you misplace your PR card or it is stolen or destroyed while you are outside Canada and you must apply for a travel document to go back, they will ask if you have spent 730 days in Canada in the previous 5 years counting backwards from the date you apply for that travel document. It is always the last 5 years if you have been a PR for 5 years or more.