Renewing PR Card Second Time

[Kattikam]

Renewing PR Card Second Time

I will be highly obliged for answering the questions dealing with the following situation:

My friend became Permanent Resident on November 28, 2010.

He spent 1008 days in the period: November 28, 2010 to October 24, 2015 and left Canada on October 24, 2015 after getting his PR card renewed with the expiry date December 26, 2020.

He is currently living in India and plans to go back to Canada on January 1, 2020.

His questions are:

1. Will he be permitted to enter Canada on January 1, 2020 ?

2. Will he be permitted to renew again (i.e. for the second time) his PR Card?

3. If he is permitted to renew his PR Card, when can he apply for the renewal?

Thanks.

 

[scylla]

Renewing PR Card Second Time

I will be highly obliged for answering the questions dealing with the following situation:

My friend became Permanent Resident on November 28, 2010.

He spent 1008 days in the period: November 28, 2010 to October 24, 2015 and left Canada on October 24, 2015 after getting his PR card renewed with the expiry date December 26, 2020.

He is currently living in India and plans to go back to Canada on January 1, 2020.

His questions are:

1. Will he be permitted to enter Canada on January 1, 2020 ?

2. Will he be permitted to renew again (i.e. for the second time) his PR Card?

3. If he is permitted to renew his PR Card, when can he apply for the renewal?

Thanks.

1. Yes - he will be allowed to enter. However he may be reported for failing to meet the PR residency requirement. If he's reported, he will have to appear at a hearing to argue why he should be allowed to keep his PR status.
2. Yes - if he's able to enter Canada without being reported and then remains in Canada for 730 days without leaving to meet the residency requirement.
3. See above. He will need to spend two years straight in Canada before he can apply to renew his card.

 

[Buletruck]

Unless my calculations fail me (which they do occasionally), your friend will be in violation of his residency obligation on October 25/2018. entry to Canada anytime after that risks a residency review and possible revocation of his PR status. After the first 5 years, the Ro is a rolling 5 years, meaning at any point from the date of entry, you must have 730 days in the previous 5 years from that date. As of October 25/ 2018, dates in Canada prior to October 24/2013 will start dropping off (in fact, any dates before March 20/2013 are currently not counted towards RO). His plan to return in 2020 is very risky.

1. Yes, he will be allowed to enter, but stands a good chance of being reported
2. Returning in 2020, he will have virtually no days in Canada and will likely be subject to a residency review and revocation of his status if he attempts to renew before he has 730 days residency. He would need to wait until 2022 to renew.
3. 2022.

 

[Kattikam]

1. Yes - he will be allowed to enter. However he may be reported for failing to meet the PR residency requirement. If he's reported, he will have to appear at a hearing to argue why he should be allowed to keep his PR status.
2. Yes - if he's able to enter Canada without being reported and then remains in Canada for 730 days without leaving to meet the residency requirement.
3. See above. He will need to spend two years straight in Canada before he can apply to renew his card.

Thanks. Will it make any difference, that is to say, will it make easier for him if he enters Canada in the first week of January 2019 and stay there?

 

[Buletruck]

Impossible to say. The fact he will still be in violation of RO means that CBSA can report him for violation of his RO anytime he enters after October 25/2018. It's all a game of chance once you fail to meet the RO. It depends on the CBSA officer you meet and his/her current mood.

 

[Kattikam]

Impossible to say. The fact he will still be in violation of RO means that CBSA can report him for violation of his RO anytime he enters after October 25/2018. It's all a game of chance once you fail to meet the RO. It depends on the CBSA officer you meet and his/her current mood.

I thought that for an individual who has been a permanent resident for more than 5 years, his residential requirement period is established on the concept of 5 year rolling period and not a pre-fixed 5 year time slot like:2010-15, 2010-2020 etc. That may probably mean that after entering Canada on 1 January, 2020, my friend may let his PR card expire on December 26, 2020 and then apply to renew his PR card on 10 January, 2022, when he has completed in Canada his stay of more than 730 days. The PR Card processing office would then calculate his residency based on that five year period that immediately precedes before the receipt of application (i.e. after 10 January, 2022) for the renewal of PR card. This should meet the residency requirement. And if this is true there should be no problem in getting his PR card renewed. Kindly comment on the validity or otherwise of this possibility.

Thanks.

 

[Buletruck]

It is a 5 year rolling period after the first 5 years, but the time is counted backwards for 5 years from the date of the current entry after the first 5 years is completed. So you must have at least 730 days residency in Canada anytime you enter.
Calculating from the landing date in 2010, your friend had been in Canada for 5 years up to the point he renewed his PR card in 2015. He had 1790 days since his landing in Canada (1825-35=1790) when he left. More than enough to qualify for renewal.
As of his renewal, the obligation becomes a rolling 5 years (based on the previous 5 years from the date of entry). So, as of October 24/ 2018, dates from November 2010 until October 2013 are not longer counted (1790-1095=695 days) and your friend is now in violation of his residency obligation anytime he enters the country after that date. If he can enter the country without being reported, he can, after meeting the 730 day residency obligation, renew his PR card. If he is reported on entry, they begin the process of revoking his status. He can appeal, but during the appeal process, his residency time is not counted until the appeal is decided. If it is a positive result, any time spent in Canada during the appeal will be counted to the RO. If his appeal is rejected, he will loose his status and be asked to leave.
His risk is entirely upon entry into Canada and with CBSA if he doesn't meet the RO. If he enters January 1/2019, he will only have 630ish days of residency in the past 5 years. If he can avoid being reported (and that's where the luck come into play), he can remain in Canada until he does meet the RO and apply for a renewal. He should avoid any contact with CBSA or IRCC until he does meet the RO if he is allowed entry without being reported.

 

[Kattikam]

Thanks for the great pains taken in answering my queries. However I was under the impression that one can enter Canada as long as the PR card is valid and then stay there and wait till the residency requirement if fulfilled and then subsequently one can easily get the card renewed by applying for renewal. This impression was created by going through a similar discussion and situation in this forum. I give the link:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/urgent-how-is-the-5-year-for-pr-renewal-determination-counted.63885/

Kindly read it and comment if it says something different. Thanks once again.

 

[scylla]

Thanks for the great pains taken in answering my queries. However I was under the impression that one can enter Canada as long as the PR card is valid and then stay there and wait till the residency requirement if fulfilled and then subsequently one can easily get the card renewed by applying for renewal. This impression was created by going through a similar discussion and situation in this forum. I give the link:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/urgent-how-is-the-5-year-for-pr-renewal-determination-counted.63885/

Kindly read it and comment if it says something different. Thanks once again.

You need to spend more time reading through threads in the PR Obligation section of the forum. There are many discussions there dealing with your specific situation and explaining the risks of entering if you don't meet the residency requirement. Yes - you will be allowed to enter. If you are not reported, you can stay two years and apply to renew your PR. However if you are reported at entry, it's quite possible/likely you'll lose your PR status. Again, encourage you to spend more time reading. This topic has been covered more times than I can name.

 

[Buletruck]

The PR card is irrelevant when it comes to residency obligation. The PR card is simply a travel document that allows you to board commercial transportation to Canada. Regardless of the expiry date on the card, a permenent resident entering Canada must meet the residency obligation of 2/5 years in Canada. Not meeting that requirement, regardless of the dates on the PR card, puts the permenent resident at risk of being reported for being in violation of RO at anytime they present themselves to CBSA during entry. A valid PR card does nothing to guarantee your PR status is safe from review.