PR Renewal with Insufficient Stay Question

[CanadianResident11]

Hello,

I became a PR in Canada on 16 Mar 2006. My PR card states that the expiry of the card was 31 Oct 2011 (They made me fly to Canada in person to get my picture taken later in 2006, so I think they gave me extra 6 months of the card expiry. I got my picture taken, received my card and then left back for USA (where I was working). From USA, I had to move to India on Nov 2009, because of my sister's divorce case which was a real messy one and also resulted in my father being hospitalized for high Blood Pressure for 8 months. The divorce got finalized in June 2011 and I flew back to Canada immediately and landed on 16th June 2011.

On the port of entry (Toronto), they questioned me crazy and the immigration lady gave me the HARDEST time of my life, saying that if she wants she could even send me back and how could I just show up 5 months before card expiry when I have never lived in Canada. I told her all the reasons and I said, I have all the reasons to stay for good. She asked me for paper work for father's health and sister's divorce and I said I am not carrying them but can ask to be sent. She made me sit for a good one hour and then came back and let me enter Canada (with a LOT of attitude). My passport was not even stamped for 'Arrived in Canada' stamp.

I have been living in TO, Canada since then and have found a good job in a great firm and intend to live in Canada for good. I read responses where everyone is suggesting to stay in Canada for 2 years and then apply for PR Card. It is also said that if they report it, I might have to appeal for PR card in court. My questions are as below

1.) I changed 4 addresses in last year. My driving license has those records and I also filed taxes for 2011 with the address (still processing). If I have not received any letter from immigration, does that mean I was not reported for insufficiency of stay or the immigration lady giving me shit meant that I am reported to immigration already?

2.) Do I need to appeal on my own or would they send me a letter telling me that "Your PR has expired and you need to either appeal or renew"? If I am reported and my PR has been cancelled, I am scared that I might be illegal now. Is that true?

3.) Or should I just wait for 2 years (i.e. till next June 16th and then apply for PR Renewal on the basis of 2 tax filings and 2 years of continuous stay (although on an expired PR Card)

4.) If at all I should apply for PR renewal in Next July 2013, should I just use the plain renewal application or should I hire a big tough lawyer to build a case with reasons as to why I did not stay in Canada in PR period.

Really worried about future and scared about my status. Any feedback is greatly appreciated. Thanks
Aryan (India)

 

[scylla]

Wait until you have two years of residency and then apply to renew your card. Use the regular application process. If you haven't heard anything by now then I don't think you were reported. Make sure you meet residency requirements from now forward.

 

[Leon]

Your story seems to be pretty common. Immigration officers give people a hard time for not meeting the residency requirements, as they should, but still don't report them. If they had been planning to report you, they would have given you some paperwork regarding that.

You now have the opportunity to meet your residency requirements again by staying for 2 years. Can you prove the day you arrived? Do you have the plane ticket / boarding card? Then you would be ok to apply right away after 2 years. If not, you might want to wait until you have 2 years of work for example, something that you can prove if you are asked.

You would apply for renewal in a normal way. If you were not reported and you have 2 years in Canada in the past 5 at the time you apply, they can not refuse.

 

[CanadianResident11]

Thanks a ton for answering the question. I intend to be in Canada and file after the second year completes. I have my boarding pass and also my driving license that got issued during the same week when I landed.

1.) Any estimate on how long does it take to get renewal processed? especially if I am applying after my PR card has expired?

2.) Should I still collect the health condition paper work from Dad from my home country or would those be not needed?

3.) I have a car and two bank accounts and a decent job. Heard having a house shows ties to Canada. Should I explore into buying a place just for the sake of PR renewal?

4.) I do not have my original landing papers. Is that something I should reapply to get for PR Renewal? Where can I do that and how long does it take?

Thanks a ton again!

 

[Leon]

1) It does not matter if your PR card is expired or not. The processing time is currently 79 calendar days or almost 3 months, see http://www.cic.gc.ca/english/information/times/perm-card.asp If you apply with exactly 730 days or without sending proof of your time in Canada, they may do a residency questionnaire, that is take more time to investigate if you really meet the requirements. They may also do those randomly regardless.

2) If you apply with 2 years in Canada in the past 5, you meet the requirements and will not need your dad's medical records.

3) If you meet the requirements again, you do not need to show any ties to Canada. Having spent at least 2 years in the past 5 is enough.

4) I do not recall needing landing papers to apply for a PR renewal. You will need them if you ever apply for citizenship. You can order a true copy here: http://www.cic.gc.ca/english/information/applications/certcopy.asp I do not know how long it takes but I think you should wait to do it until you meet the requirements again. You do not want to attract the attention of immigration right now that you are in Canada without meeting the requirements.

 

[CanadianResident11]

That is MUSIC to my ears! I feel so much better knowing I still hold a chance to become a PR without any issues as long as I just sit and wait to qualify next year. I don't want to really bug you awesome people helping me out but why is it such a hidden rule that troubles us for so long. On the contrary, there are forums that tell people, if your PR Card has expired and you have not lived in for 2 years, u lost it all....not sure what to believe anymore Here is a perfect example of the other side that forums are talking about

POST FROM BRITISHEXPATS dot COM website

You have re-entered Canada but lets say
if you were not going to meet 730 days in the first 5 years, could you not wait past PR card expiry date and remain in Canada (after PR card expiry date) and then accumulate enough time after PR card expiry to have at least 730 days in the last 5 years (the reference point of "today" for previous 5 years calculation having now moved ahead on the calendar).

Once the 730 days or more are accumulated, you would then be considered ready to apply for PR card renewal by mailing the now expired card with PR renewal package.
(would a gap in expiry of old PR card before renewal for your replacement PR card flag up a problem possibly)
I far as I understand the currently don't carry out exit checks, you can just let your PR card expire and wait until you have completed 730 days and then apply to renew. As far as I can see they only ask for the 5 year period immediately before you apply for renewal.
I am missing something and has anyone have experience on this subject.

REPLY to the ABOVE MENTIONED QUESTION as put on the WEBSITE
It doesn't work like that I'm afraid!

To keep PR status you need to be physically present in Canada (or meet other conditions - ie. being abroad with a Canadian citizen spouse for example) for 2 years out of every 5 year period to keep your status.

The expiry date on the card applies to the card itself so in order to renew your card you need to prove you met the residency conditions *before* the card expires not after (which is technically when the new 5 year period would commence).

If you do remain in Canada after expiry of the card and you've not met the residency requirements they could technically deport you.

 

[Leon]

Yes, this is an open forum so anybody can post what they like. Opinions differ and some people are by the book and other people tell you what is possible. However, read immigrations own operational manual on residency requirements at http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf and especially page 7 where it says black on white:

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.

There is no law that says you must have a valid PR card while you are living in Canada. It is extremely unlikely that immigration will start checking into if you meet the requirements as you are staying in Canada minding your own business. They had their chance to report you when you entered and they didn't.

 

[Rooble]

Hi Leon,

How would immigration officer at CIC know that you have been away from Canada as they do not stamp EXIT at the passport when leaving ?

 

[scylla]

Hi Leon,

How would immigration officer at CIC know that you have been away from Canada as they do not stamp EXIT at the passport when leaving ?

Simple - they have access to airline manifests.