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PR renewal

afisan88

Newbie
Sep 3, 2020
4
0
Hi
kindly review my case and guide for PR renewal (currently i have shifted back to canada on 28 Aug 2020 on my multiple entry PRTD for PR renewal; PRTD valid from Feb 2019~Feb 2021)
My first date of landing in Canada was 25th Sept 2011
I received my PR card in Nov 2011 which was valid till Nov 2016 (5 years)
Details of my Canada visits are as follows;
25th Sept 2011~ 16th Dec 2011
21st Dec 2014 ~ 18th Mar 2017 (excl 4 days USA visit); after expiry of PR card i applied for renewal but there was no response so i came back to home town Pakistan. later they sent me letter to come within 180 days but i coudn't go and later applied for PRTD to go there
16th Feb 2020 ~ 2 Mar 2020 (on PRTD)
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
Hi
kindly review my case and guide for PR renewal (currently i have shifted back to canada on 28 Aug 2020 on my multiple entry PRTD for PR renewal; PRTD valid from Feb 2019~Feb 2021)
My first date of landing in Canada was 25th Sept 2011
I received my PR card in Nov 2011 which was valid till Nov 2016 (5 years)
Details of my Canada visits are as follows;
25th Sept 2011~ 16th Dec 2011
21st Dec 2014 ~ 18th Mar 2017 (excl 4 days USA visit); after expiry of PR card i applied for renewal but there was no response so i came back to home town Pakistan. later they sent me letter to come within 180 days but i coudn't go and later applied for PRTD to go there
16th Feb 2020 ~ 2 Mar 2020 (on PRTD)
Also not sure what the question is.

Note: those of us who respond to these kinds of posts are NOT experts, and NOT qualified to offer personal advice. No one here should be relied upon to "review" your application.

I can offer some observations. An important one. You appear to be in BREACH of the PR RO. Probably important for you to now stay IN Canada for the next TWO years.


Explanation:


If you make a PR card renewal application today, September 3, 2020, any days IN or OUTSIDE Canada before September 3, 2015 are totally irrelevant. Only the last five years count. Again, ONLY the last FIVE years count.

It appears you are NOW in breach of the PR Residency Obligation. Moreover, it appears that you will need to STAY IN Canada for at least the next 23 months or so in order to get back into compliance.

That said, it is not clear why you were issued a multiple-use PR TD. If this was because you have a basis for getting credit toward the RO even when you are abroad (such as accompanying a Canadian citizen spouse or abroad on a temporary work assignment for a Canadian business), that would be different.

But just in terms of meeting the PR RO based on your presence IN Canada, it appears that you have been abroad for more than 1096 days (around 1140 to 1150 or so days) within the last FIVE years, and thus in BREACH of the RO, and perhaps you were LUCKY you were not issued a 44(1) Report at the PoE the last time you returned to Canada (probably because PoE officials typically defer to the assessment made in issuing the PR TD, which might not work if you go abroad again in the near future).


RO compliance calculation:

Absences in the last FIVE YEARS --
-- absent March 19, 2017 through February 15, 2020 . . . absence for approximately (roughly) 970+ days​
-- absent March 3, 2020 to August 27, 2020 . . . absence for approximately (roughly) 170+ days​
-- total absence last five years (September 3, 2015 to September 3, 2020) . . . 1140 plus days​

That means you have been IN Canada, at most, 690 days within the last five years. LESS than the 730 days needed to comply with the PR Residency Obligation.

And here's a part of your problem, your days IN Canada date back to five years ago.

So, for example, even though you stay IN Canada for the next TEN days, that will NOT add another day IN Canada to your calculation, since your calculation as of September 13th will be based on September 13, 2015 to September 13, 2020 . . . you will get credit for the next ten days, September 4, to September 13, 2020 BUT you will also LOSE TEN days from September 3, 2015 to September 12, 2015, since these days will be outside the FIVE years that count.

Because of this you will NOT be in compliance with the PR RO UNTIL late July 2022. If you leave Canada again, or if you apply for a new PR card before then, you are at RISK of LOSING your PR status.

All That Said: You are close. So I cannot guess how strict or harsh or lenient IRCC might be. If you apply for a new PR card before approximately July 2022, technically you are in breach of the RO. But IRCC might not immediately proceed to a formal RO compliance examination. You might even be issued a new PR card. I do NOT know how it will go.


This is what I do know (based on dates you have given):

-- you are currently in breach of the RO and will continue to be at least until July 2022​
-- if you leave Canada before July 2022 you are at risk of being Reported and losing your PR status the next time you arrive at a Canadian PoE​
-- if you make a PR card application, that --​
-- -- might trigger a RO compliance examination, which could result in being issued a Removal Order, terminating your PR status​
-- -- might be referred for a Secondary Review, delaying a decision on the PR card application, or​
-- -- might result in the issuance of a new PR card​
-- even if you are issued a new PR card, if you leave Canada before July 2022, you will still be at risk for being Reported and losing your PR status the next time you arrive at a Canadian PoE​

Edit to NOTE that the precise calculation is probably a little different; I have tried to use your dates to get close. You need to do the precise calculations for yourself, based on actual dates IN Canada and OUTSIDE Canada. Remember: ONLY days in the LAST FIVE years are counted.
 
Last edited:

afisan88

Newbie
Sep 3, 2020
4
0
Hi
many thanks for detailed response.
i have been staying in canada since 28th Aug 2020 by which i guess i have complied my PR RO.
kindly review my case and guide for PR renewal and required forms. do i need to do bio metrics as well ?
My first date of landing in Canada was 25th Sept 2011
I received my PR card in Nov 2011 which was valid till Nov 2016 (5 years)
Details of my Canada visits are as follows;
25th Sept 2011~ 16th Dec 2011
21st Dec 2014 ~ 18th Mar 2017 (excl 4 days USA visit); after expiry of PR card i applied for renewal but there was no response so i came back to home town Pakistan. later they sent me letter to come within 180 days but i coudn't go and later applied for PRTD to go there
16th Feb 2020 ~ 2 Mar 2020 (on PRTD)
28th Aug 2020 ~ till date (on PRTD)
 

armoured

VIP Member
Feb 1, 2015
15,224
7,751
Hi
many thanks for detailed response.
i have been staying in canada since 28th Aug 2020 by which i guess i have complied my PR RO.
kindly review my case and guide for PR renewal and required forms. do i need to do bio metrics as well ?
Short form answer is: it is better to apply to renew your PR card when you have >730 days in last five years. It would be more prudent to build in a buffer (given that you had to do a PRTD etc) and therefore submit your PR renewal app at, say, the end of september or during october.

This is not a hard requirement as it looks like you'd meet the 730 days sometime in August. Having the extra buffer days seems to just have a much better chance of getting the renewal processed quickly.

Biometrics: check the instructions.
 
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afisan88

Newbie
Sep 3, 2020
4
0
Short form answer is: it is better to apply to renew your PR card when you have >730 days in last five years. It would be more prudent to build in a buffer (given that you had to do a PRTD etc) and therefore submit your PR renewal app at, say, the end of september or during october.

This is not a hard requirement as it looks like you'd meet the 730 days sometime in August. Having the extra buffer days seems to just have a much better chance of getting the renewal processed quickly.

Biometrics: check the instructions.
Actually my 732 days will complete on 15th Aug 2022. So can I jeep a buffer of 15 days and apply on 1st Sep 2022?
Secondly I am unable to check instructions on biometrics?
 

armoured

VIP Member
Feb 1, 2015
15,224
7,751
Actually my 732 days will complete on 15th Aug 2022. So can I jeep a buffer of 15 days and apply on 1st Sep 2022?
Look, it's up to you: it looks to me like you were at one point out of compliance and had to get a PRTD that basically relied upon IRCC being lenient.

That's why I suggested MORE of a buffer. To be explicit, well more than 30 days, better 60 or 75.

I think this has a slightly better chance of your renewal being processed more quickly.

But it's up to you.

Secondly I am unable to check instructions on biometrics?
Can't help you.
 
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