Renewing PR status with only 1 month left

[Verghese]

Dear Advisors,
First of all, thank you for volunteering your time and expertise to help people like me when we have so many questions.
We received our PR status in 2008 and made the initial landing as required. In 2011 our son went to Canada and is now working there.
Our daughter is training to be a veterinary surgeon in India; her course started in September 2008 and will get over only by August 2013. At that time she will have less than 1 month before her PR status expires. She made a two-week trip to Canada this March.
My wife and I are located in the Middle East and we shall not be emigrating.
My questions are:
1] Will our daughter be allowed to enter Canada with less than a month of her Permanent Residency left?
2] Will her PR status be renewed once we show that she was doing a five-year professional course?
3] What documents must she produce to prove that she was a student doing an unbroken five-year course from 2008-2013? Would a letter from the Dean be enough? She will be flying from India as soon as she finishes and ir would be too early for even a provisional certificate to be issued. She could get a bona fide student certificate issued by the college and have it notarised.
We are willing to go through a lawyer if required but would like a realistic estimate of her chances. Like our son, she will continue in Canada once she reaches.
Best Regards,
Verghese

 

[Leon]

It sounds like your son still met the residency requirements when he went back. As a PR, one is allowed to be outside Canada for up to 3 years in any rolling 5 year period.

As for your daughter, she is very far from meeting the residency requirements and studying abroad is not one of the accepted reasons for not meeting them.

When she enters Canada with one month left on her card, it is possible that they will not say anything to her. It is also possible that they will suspect that she does not meet the residency requirements and will lecture her about it but then allow her to enter. Worst case, they can report her for not meeting the requirements and that means they start proceedings to revoke her PR. She would be allowed to enter and would have 30 days to appeal for her PR. However, it is not too common that they report people.

If she gets in without being reported, she should take care of her health card and drivers license while her PR card is still valid and then she should let it expire and not apply to renew. She should stay in Canada for 2 years straight and then apply to renew because then she meets the requirements again. There is no law against being in Canada with an expired card. There is even an entry in immigration operational manuals on the very possibility that a PR could do this. It says that they can only consider the past 5 years of a persons residency so if they do not catch her and report her for not meeting the requirements and she manages to stay in Canada for 2 years straight, she meets the requirements again and can renew her PR card.