PR Residency Obligation

[prachi09]

I, my husband and my 4 year old son had obtained PR visa in
> >> >> August 2009. We had gone to Canada and landed in Edmonton on 14th
> >> >> August 2009. we had to return back
> >> >> to India. We returned back to India on September 21, 2009 after
> >> >> staying for 35 days.
> >> >> Now it has been 3 years we have not gone to Canada.
> >> >> Our PR card is with us and the date of expiry of PR cards is shown as
> >> >> October 07, 2014. We would like to come to Canada now permanently.
> >> >> I would like to have your guidance whether we could return to Canada
> >> >> now. If possible, what are the consequences to be faced as far as the
> >> >> Citizenship and Immigration Law is concerned at the port of entry at
> >> >> Edmonton and also for PR cards renewal. I understand that there are
> >> >> some residency obligations to be met. Pls let us know about the same
> >> >> and how could we make up for the same.
> >> >> .
> >> >> Pls let us know about the same.
> >> >> h us.
> >> >> I would be grateful if you could help me in this matter with your
> >> >> personal guidance. What is the success ratio of getting a PR status and????
> >> >> Thanking you,

 

[PMM]

Hi

I, my husband and my 4 year old son had obtained PR visa in
> >> >> August 2009. We had gone to Canada and landed in Edmonton on 14th
> >> >> August 2009. we had to return back
> >> >> to India. We returned back to India on September 21, 2009 after
> >> >> staying for 35 days.
> >> >> Now it has been 3 years we have not gone to Canada.
> >> >> Our PR card is with us and the date of expiry of PR cards is shown as
> >> >> October 07, 2014. We would like to come to Canada now permanently.
> >> >> I would like to have your guidance whether we could return to Canada
> >> >> now. If possible, what are the consequences to be faced as far as the
> >> >> Citizenship and Immigration Law is concerned at the port of entry at
> >> >> Edmonton and also for PR cards renewal. I understand that there are
> >> >> some residency obligations to be met. Pls let us know about the same
> >> >> and how could we make up for the same.
> >> >> .
> >> >> Pls let us know about the same.
> >> >> h us.
> >> >> I would be grateful if you could help me in this matter with your
> >> >> personal guidance. What is the success ratio of getting a PR status and????
> >> >> Thanking you,

1. Your are in violation of your residency requirements, 2 years residency in every 5 year period, you have been outside Canada for over 3.5 years.
2. It is quite possible that you arrive in Canada, that if the IO notes you haven't met your residency requirements, s/he will report you and a removal order will be issued. YOu will be admitted to Canada for 30 days to appeal to the IAD. If you don't appeal, your removal order becomes effective.
3. If you are not reported on entry, you have to accumulate 730 days of residence, before you apply for a renewal of your PR card.

 

[Leon]

Right, like PMM said, if you are reported as you enter for not meeting the residency requirements, they will let you enter and give you 30 days to appeal for your PR. They will look at the reasons you could not meet the residency requirements and decide from that if you get to keep your PR. If you were taking care of a sick relative for example and can prove it, you have a good chance to keep it while if you were outside Canada because of a job or something like that, they will probably revoke it.

If you get into Canada without being reported, you should stay for 730 days (2 years) without leaving and without applying for anything from immigration. This will put your PR status back in good standing and you can then apply to renew your PR.

It is perfectly ok to live in Canada with an expired PR card. There is no law against it. You should however take care of things like applying for a health card, drivers license, SIN card etc. while your PR card is still valid.