PR RENEWAL

[Kkd]

My Pr status was RENEWED in April 2012. After staying one year in 2007-2008 and one year in 11-12
It expires in April 2017.
I am planning to stay in Canada for one year from April 15 to April 16 and then apply for renewal in May 2016. Thus I will be completing two years I PRECEDING five years. One year in 11-12 and one year in 15-16. (11-16) will be PRECEDING five years.
Will it work ?
My doubt is because of fact that as on May 2016 I will STILL have about one year before my present PR expires .

KKD

 

[Leon]

You can not apply to renew your PR card until it's 6 months or less from expiring. You could apply in October 2016 and when you apply, you must have at least 730 days in Canada or can not have been outside Canada more than 1094 days.

Keep in mind that you currently do not meet the residency obligation for the past 5 years. Your time spent in 2007 and the first 8.5 months of 2008 has moved outside the window of the past 5 years so you currently have less than 2 years in Canada in the past 5.

When you do not meet the RO, you risk that any time you enter Canada, the immigration officer may become aware of that and report you for it. You would then have to appeal for your PR. If you did not have solid H&C grounds for not being able to meet the RO, you would lose the appeal and lose your PR.

Same would happen if you are outside Canada and your PR card is lost, stolen or destroyed. If you have to apply for a travel document in order to return, the criteria is that you meet the RO for the past 5 years. They do not care that you had a PR card that was still valid until 2017.

 

[Kkd]

Thanks Leon for your reply.
I am planning to renter Canada in third week of January 2014.
What precautions should I take ?
I will still have three years LEFT to fulfill my RO.

KKD

 

[Leon]

Having 3 years left to fulfill your residency obligation would only apply to a new PR. The residency requirement works like this:

1. When you are a new PR, it's staying in Canada at least 730 days in your first 5 years as a PR. If you were a PR for less than 5 years, immigration should consider that you are still able to meet the residency requirements in your first 5 years, even if you haven't yet. Say a person who has been a PR for less than 3 years and loses their PR card outside Canada and must apply for a travel document would get it because if they were to return to Canada, they still have more than 2 years to meet the residency requirements so they still could.

2. On the other hand, if you have been a PR for 5 years or more, the residency obligation means you must have 730 days or more in Canada in the past 5 years at any time. It is a rolling 5 year period, not unrelated 5 year periods of PR cards. Therefore, you can not cut off the first 5 year period after you have renewed your PR card and think of it as irrelevant. Lets say that there is a fire and your PR card is destroyed. If you were in the situation of having to apply for a travel document, immigration would ask you where were you in the past 5 years. You need to have been in Canada at least 730 days in the past 5 years in order to meet the residency obligation. 730 days is 2 full years so if you stayed one year between sometime in 2007 and some time in 2008, most of that time has now moved outside the 5 year window. If you were applying for a travel document today, they would only consider time in Canada from 20.09.2008 until today. Time spent in Canada before that does not fall within the past 5 years and is not considered.

 

[Kkd]

Thanks Leon, looks like I am in some kind of mess.
What are the ways out for me ?
Should I enter Canada in private vehicle by road ? We're I understand they look at your PR card only.
If I do not meet RO,to their satisfaction,how much time will be allowed to me ?

KKD

 

[Leon]

Not meeting the residency obligation doesn't mean for certain that you will be reported. You will be asked how long you were outside Canada. If you were outside for much less than 3 years and you still have good time left on your PR card, you should be fine. However, the longer you are outside and the less time left on your card, the more suspicious the IO will be that you might not meet the RO.

You should try to come back to Canada soon and stay long enough to bring your PR status back in good standing. You need to stay another year now because your one year from 2011 to 2012 is still good but once your time in 2011 starts moving outside the 5 year window, you would have to come back again and stay another year.

If you get reported at some point, they will let you enter Canada and you will have 30 days to make an appeal for your PR status. Then you could stay on in Canada until they are done processing your appeal but time spent in Canada after being reported will not count towards the residency requirements any more.

 

[Kkd]

Thanks, Leon,I feel you are right.
Intentions of completing RO is more important than anything else. Out of a total of five years,I wil. Be absent for abot 1.5 years and will have 3.5 years to complete my RO.
Will it help If I enter through US in personal vehicle?

KKD

 

[Leon]

Thanks, Leon,I feel you are right.
Intentions of completing RO is more important than anything else. Out of a total of five years,I wil. Be absent for abot 1.5 years and will have 3.5 years to complete my RO.
Will it help If I enter through US in personal vehicle?

KKD

Many say they check even less when you enter at the US border but for you, I think your risk is minimal anyway as long as you come back soon.

You need to stop thinking of 5 year periods unrelated to each other. You were not absent for 1.5 years and then have 3.5 years to meet your requirements. The fact is that for the past 5 years, you have been absent for a lot more than 1.5 years. You were absent from sometime in 2008 to sometime in 2011. That's 3 years. Plus you are absent again since 2012 and now is 2013 so another year. So actually you are absent for about 4 years now, that is 1 year more than the 3 years you are allowed to be absent in a 5 year period. So you really do NOT meet the RO right now.

 

[Kkd]

You are right.
I that case how do you say that I have minimal risk if I enter Now? Pl explain for my self assurance In fact I am thinking of preponing my visit in mid Nov.
In case they find out,will I be entitled to Medical and Tillium benefits,during the appeal period ? I understand that my stay period will not be counted towards my RO.
WilI THIS JEOPRDISE in getting Visit Visa in future ?

 

[Leon]

You are right.
I that case how do you say that I have minimal risk if I enter Now? Pl explain for my self assurance In fact I am thinking of preponing my visit in mid Nov.
In case they find out,will I be entitled to Medical and Tillium benefits,during the appeal period ? I understand that my stay period will not be counted towards my RO.
WilI THIS JEOPRDISE in getting Visit Visa in future ?

You don't have to enter right now but you should try to get your stuff together quickly and move within the next few months at least.

In case they find out and report you, you will still be a PR until your appeal hearing so the time you spend in Canada waiting for your appeal you can still work, have health care etc. Losing your PR due to not meeting the residency requirements should not jeopardize getting a visit visa in the future.

 

[Kkd]

Thanks Leon! Can you pl make a wild guess based on your experience as to what are the % of charges for my case being NOT reported if I enter in Jan14.
In case of being reported can I admit my genuin mistake of wrongly interpretations the provision of law and assure them to fulfill the balance in one stretch now. Sort of FORGIVE AND FORGET ?
Except this I do not have any H AND C ground.

Regards.

KKD

 

[Msafiri]

Thanks Leon! Can you pl make a wild guess based on your experience as to what are the % of charges for my case being NOT reported if I enter in Jan14.
In case of being reported can I admit my genuin mistake of wrongly interpretations the provision of law and assure them to fulfill the balance in one stretch now. Sort of FORGIVE AND FORGET ?
Except this I do not have any H AND C ground.

Regards.

KKD

Ignorance of the law never cuts it with the judges...especially since the PR Card letter clearly states the Residence Obligation (RO) and the fact that you previously applied for renewal...the forms you used then have the 730 days RO all over them...still ignorant?

 

[Kkd]

Misinterpretation is in respect of technicality of ROLL OVER PERIOD.
During first renewal it was clear that you have to record 2/5. Similarly it was erroneously presumed that you have to again record 2/5 in subsequent five years of renewed status. A genuine misinterpretation on part of a laymen.
Intentions after all is spirit of law. Though judge may go by letter of law.

 

[Leon]

No, they will not give you any leeway for misinterpreting the rules but if you get in without being reported and get to the point that you meet the RO again, you will be forgiven. They can only go maximum 5 years back in time so if they examine you at some point, they can only check that you meet the residency requirements for the past 5 years. They can not go further back in time and say you didn't meet it at some point in the past.

 

[Kkd]

You, are are right.
I can only wait, hoping for the best.
Thanks and Regards,

KKD