PR Status 2 years not completed

[Rahul7]

I got my PR renewed on comapssionate ground in November 2008 and expiring in nov 2013. But unfortunately, I could not complete my period of 2 years stay in canada agin and would be about 3 months short period till Nove 2013. My question is :
1.Woud I have any problem when I enter Canada at airport ?
2. When should I apply for renewal once I am in Canada, means Can I do this after spending 2 more months ( apply in Jan 2014)

or What is the best option for me to avoid any problem, for information my husband and son are already Citizen of Canada. W ould it help ?
Pls help and guide

 

[Msafiri]

Assuming you have a valid PR Card at entry into Canada

1. CBSA agent may or may not ask how long you've been absent from Canada for this trip. Agent may or may not enquire as to absences in the 5 years prior to re-entry. If agent determines you do not meet the residency obligation (RO) of 730 days of physical presence in Canada in the last 5 years prior to entry he/she may or may not report you. A report is the start of formal proceedings to revoke your PR. You get 30 days to appeal. It appears most people with a valid PR Card get through even where they have been absent and in breach of the RO.

2. Apply for PR Card renewal only after you have 730 days of physical presence in Canada in the 5 years prior to application date. You do not need a valid PR card to remain in Canada while accumulating this physical requirement days...many don't realize this and apply too early.

3. You can include days outside Canada where you are accompanying your Spouse in the RO quota of 730 days. You need solid evidence of this.

4. If PR Cad renewal does not work you can be sponsored by your spouse. They can't be on social assistance, undischarged bankrupt or have serious criminal convictions.

 

[Rahul7]

Thank you for your prompt reply. Further, as per your Point No. 2,I was in 2010 with my wife out of Canada and in my back home, where I got fracture and I was out with her on medical reasons almost for a year, BUT that time my wife was still on valid PR status but she was not citizen of Canada. Now she is citizen.

WOULD THIS PERIOD ( As per your answer point # 2) OUT OF CANADA AND BEING WITH MY WIFE WHO HAD PR STATUS, could it be counted as the days spent in canada ?

 

[Leon]

Thank you for your prompt reply. Further, as per your Point No. 2,I was in 2010 with my wife out of Canada and in my back home, where I got fracture and I was out with her on medical reasons almost for a year, BUT that time my wife was still on valid PR status but she was not citizen of Canada. Now she is citizen.

WOULD THIS PERIOD ( As per your answer point # 2) OUT OF CANADA AND BEING WITH MY WIFE WHO HAD PR STATUS, could it be counted as the days spent in canada ?

You can only count time spent with a spouse outside Canada after they became a Canadian citizen or if they were a PR meeting their requirements by working for a Canadian employer outside Canada.

Like Msafiri said, if you have a valid PR card, you will in most cases be allowed to enter without being reported for not meeting the residency requirements. If you are, you can wait until you have 730 days in the past 5 years and then apply to renew your PR card with no consequences.

If you do get reported on entry, you can appeal for your PR. You would then say that your spouse and child live in Canada and that you are ready to settle in Canada at this point. However, it may work against you that you were already granted renewal on H&C grounds in 2008. If you lose your PR, your spouse can sponsor you again as long as they aren't on welfare or in active bankruptcy.

 

[Rahul7]

Thank you very much to both of you. !! Rahul