PR renewal issues

[djdy]

Hi Leon and my esteemed forum members,
I have a few questions and I will be very much glad if experienced forum members can enlighten me on the following issues. firstly, a little background will help provide some insight;

Landed in Canada - July 2016
PR card expiry - July 2021
Expected total duration of stay in Canada for my self (by PR card expiry) - 2 years plus
Expected total duration of stay in Canada for my wife (by PR card expiry) - 6 months (if she migrates with me to USA for my 3 year job contract starting this summer)
we have a small kid (Canadian born)

My questions are as follows;
1) Is my spouse permitted to stay outside Canada (with me during my 3 years away in the USA) with the possible risk of not fulfilling the accumulated residency days needed for PR renewal?
......... if answer is NO, what is the best solution I can take now going forward?
......... if answer is YES, what steps can I take now that won't hinder her renewal for PR card in the future?

2) For my wife, If minimum residency days (730) are not acquired by end of PR card expiry by July 2021, can she reside in Canada beyond the expiry date on her PR card till she accumulates 730 days?
............ if answer is YES, how is the counting towards 730 days done at this stage?

3) Does having a Canadian citizen child provide a "safety net" for a stay in Canada, should in case the PR status is under threat of being cancelled/revoked?

4) Can a person still be admissible into Canada even if his/her valid PR card is very close to its expiry e.g couple of days or weeks?

Thank you very much while I anticipate your responses.

 

[canuck_in_uk]

Hi Leon and my esteemed forum members,
I have a few questions and I will be very much glad if experienced forum members can enlighten me on the following issues. firstly, a little background will help provide some insight;

Landed in Canada - July 2016
PR card expiry - July 2021
Expected total duration of stay in Canada for my self (by PR card expiry) - 2 years plus
Expected total duration of stay in Canada for my wife (by PR card expiry) - 6 months (if she migrates with me to USA for my 3 year job contract starting this summer)
we have a small kid (Canadian born)

My questions are as follows;
1) Is my spouse permitted to stay outside Canada (with me during my 3 years away in the USA) with the possible risk of not fulfilling the accumulated residency days needed for PR renewal?
......... if answer is NO, what is the best solution I can take now going forward?
......... if answer is YES, what steps can I take now that won't hinder her renewal for PR card in the future?

2) For my wife, If minimum residency days (730) are not acquired by end of PR card expiry by July 2021, can she reside in Canada beyond the expiry date on her PR card till she accumulates 730 days?
............ if answer is YES, how is the counting towards 730 days done at this stage?

3) Does having a Canadian citizen child provide a "safety net" for a stay in Canada, should in case the PR status is under threat of being cancelled/revoked?

4) Can a person still be admissible into Canada even if his/her valid PR card is very close to its expiry e.g couple of days or weeks?

Thank you very much while I anticipate your responses.

1. There is no "permission". Either she accumulates at least 730 days in Canada in her first 5 years or she is in violation of the RO.

2. PR card expiry date is irrelevant. You need to count 5 years from the day of landing. If she is able to enter Canada without being reported for violating the RO, she can stay. After the first 5 years, it is a rolling obligation, so to be in compliance with the RO, a person must be able to look back 5 years and always have at least 730 days in Canada.

3. No.

4. A PR has the right of entry to Canada, even if their PR card is expired.

 

[canuck78]

Also seems like your wife didn't stay in Canada for 6 months. She may be asked to pay for the healthcare she received because she needed to remain in the province for 6 months or more.

 

[djdy]

Also seems like your wife didn't stay in Canada for 6 months. She may be asked to pay for the healthcare she received because she needed to remain in the province for 6 months or more.

Thanks a lot. This is like a hypothetical worst case scenario if she does not enter canada till her pr card expires in July 2021. as of today, she has roughly 6 months of stay so far in canada and based on advice given above, I may have to strongly consider her splitting times between usa and canada for her to achieve her minimum 730 days in the next few years before her pr card elapses in July 2021..... I welcome any advice or input from you and other forum members.

 

[djdy]

1. There is no "permission". Either she accumulates at least 730 days in Canada in her first 5 years or she is in violation of the RO.

2. PR card expiry date is irrelevant. You need to count 5 years from the day of landing. If she is able to enter Canada without being reported for violating the RO, she can stay. After the first 5 years, it is a rolling obligation, so to be in compliance with the RO, a person must be able to look back 5 years and always have at least 730 days in Canada.

3. No.

4. A PR has the right of entry to Canada, even if their PR card is expired.

Thank you for your responses in bringing clarity to these issues. I will have to seriously start planning for her to split her time between USA and canada in the next few years before her pr card expires by July 2021. it is quite a delicate balancing act between family demands and residency requirements since I still desire to return back to canada at the end of my 3 year stay in USA.