Residency Obligation not met in the five year period.

[Siju George]

Greetings everyone!!
I was issued PR card on 2 May 2014, Stayed for one month and left Canada. We returned back in 2017-Sep-25. We were asked for reasons at the port of entry for the delay for which we explained and the officer let us enter again. Ever since have not left Canada. PR card had expired in June 2019. We have now stayed more than the required 730 days but the only thing is it does not fall in the five year period of the PR card.
Should I apply for the renewal with the help of a lawyer or just apply as normal with writing a letter for humanitarian and compassionate consideration. Is it a risk to apply for renewal as residency obligation not met without legal help.
Kindly give your valid guidance.

 

[Tubsmagee]

Greetings everyone!!
I was issued PR card on 2 May 2014, Stayed for one month and left Canada. We returned back in 2017-Sep-25. We were asked for reasons at the port of entry for the delay for which we explained and the officer let us enter again. Ever since have not left Canada. PR card had expired in June 2019. We have now stayed more than the required 730 days but the only thing is it does not fall in the five year period of the PR card.
Should I apply for the renewal with the help of a lawyer or just apply as normal with writing a letter for humanitarian and compassionate consideration. Is it a risk to apply for renewal as residency obligation not met without legal help.
Kindly give your valid guidance.

Dont worry about the PR card dates. RO after the first five years is on a rolling basis as of the date of examination. If you have been in Canada since 9/25/17, you are well within meeting your RO.

 

[Siju George]

Thanks a lot my friend. Appreciate it.

 

[Siju George]

This is the first time am doing the renewal after the issue of PR card. It expired in 2019 but we over stayed to meet the 730 days.

 

[armoured]

This is the first time am doing the renewal after the issue of PR card. It expired in 2019 but we over stayed to meet the 730 days.

You should have no problem, the expired PR card is not an issue. Not sure exactly what you meant but you did not 'over stay', your PR status is not affected by the validity of the PR card - so you were not overstaying, you were simply residing in Canada.

If I read your dates correctly, you've been in Canada continuously now for more than three years and (assuming you meet other requirements) you could apply for citizenship at the same time.

 

[Ulkadesai]

Hi
I am also planning to go to canada now after almost 3 years of having pr card.
Pr card issue date is 30 aug 2018.
Expiry date is 30 aug 2023

Will i be questioned at the port of entry?
What reason for delay did you give Siju?

 

[armoured]

Hi
I am also planning to go to canada now after almost 3 years of having pr card.
Pr card issue date is 30 aug 2018.
Expiry date is 30 aug 2023

Will i be questioned at the port of entry?
What reason for delay did you give Siju?

When was your initial landing date? How many days were you in Canada?

The PR card itself does not set the start of your initial five-year period, the landing date does.

If you arrive before the three-year anniversary of initial landing, you will not have any problems. They might ask but it will have no bearing on admissibility, you are in compliance.

If you arrive after the three-year anniversary (but relatively shortly after that three-year anniversary, eg. before August 2021), you are out of compliance. In which case you may have to explain a bit - and while there is no guarantee, in covid times, a brief explanation of why you weren't able to return earlier will probably suffice (every indication is that they are being at least somewhat lenient for most covid-related explanations).

There is the possibiility that you would get reported but you'll be let in and allowed to appeal. Again, reasonable explanations about covid-related causing issues would still likely prevail (and again, no guarantee).

In both cases it's possible you'll just get waved through. Important note: no guarantee that any lenience will apply on future examinations/re-entry. Best to stay in compliance and limit travel so that you remain in compliance.

Note: I should have said earlier - the longer after your three year anniversary, i.e. the more you are out of compliance, the higher the likelihood of there being real issues and being reported. But will depend on circumstances...

 

[mubasshirali]

Hi,
I got the PR in August 2014 and I went back to my country after a month due to some family constraints. I moved back to Canada in August 2019 before the expiry of PR cards i.e. Sept 2019. Since then I am living and working here in Canada, in coming August I will be completing my 730 days here. I have a question
1. If I apply for PR card renewal, will they ask any reason as my PR cards was expired in Sep 2019?
2. Should I wait another year and directly apply for citizenship?

Thanks

 

[mubasshirali]

This is the first time am doing the renewal after the issue of PR card. It expired in 2019 but we over stayed to meet the 730 days.

Did you applied for the renewal? If yes then what is the status?

 

[BadGamer6]

Hi,
I got the PR in August 2014 and I went back to my country after a month due to some family constraints. I moved back to Canada in August 2019 before the expiry of PR cards i.e. Sept 2019. Since then I am living and working here in Canada, in coming August I will be completing my 730 days here. I have a question
1. If I apply for PR card renewal, will they ask any reason as my PR cards was expired in Sep 2019?
2. Should I wait another year and directly apply for citizenship?

Thanks

I doubt they would ask that. There is no requirement that a PR needs a valid PR card to be in Canada. It's only for International travels and some governmental services.

 

[kathysrazor]

1. If I apply for PR card renewal, will they ask any reason as my PR cards was expired in Sep 2019?

Nope, and it doesn't matter. An expired PR card is like an expired passport - it's proof of status, not the actual status.

2. Should I wait another year and directly apply for citizenship?

In general, if your card is expired you should renew it. Additionally, if you are eligible for Citizenship and there are not conflicts (for example, your home country will revoke your Citizenship), you should apply.

The card is generally faster than Citizenship to get, and having a card means that you can travel easier if something comes up. Do both.

 

[syed_]

Hi,

I landed with family in July 2018, stayed in Canada for 15 days and then returned back due to family constraints and taking care of old-age mother.
We planned to return in Apr 2021 (after about 2.7 years of landing) but are blocked since then due to ban on flights by Canada, UAE, Turkey etc. (all routes blocked).

We all have PR cards valid through 2023..

It looks like we will only be able to return to Canada by July, August or may be Sept (i.e. anywhere between 2 weeks to 3 months of the 1st 3yr window) when COVID situation settles and air travel opens up.

Since I'll be resigning from my job, I am frightful if they'll let me in or will deny entry.

- Is there anything I can do (for example: write to IRCC or CBSA) to make my re-entry more certain and smoother?
- If not, Is it ok to just try to return or forget about PR after July?
- All members' PR cards are valid till 2023.

Guidance will be gratefully appreciated.

Thanks.

 

[Buletruck]

Hi,

I landed with family in July 2018, stayed in Canada for 15 days and then returned back due to family constraints and taking care of old-age mother.
We planned to return in Apr 2021 (after about 2.7 years of landing) but are blocked since then due to ban on flights by Canada, UAE, Turkey etc. (all routes blocked).

We all have PR cards valid through 2023..

It looks like we will only be able to return to Canada by July, August or may be Sept (i.e. anywhere between 2 weeks to 3 months of the 1st 3yr window) when COVID situation settles and air travel opens up.

Since I'll be resigning from my job, I am frightful if they'll let me in or will deny entry.

- Is there anything I can do (for example: write to IRCC or CBSA) to make my re-entry more certain and smoother?
- If not, Is it ok to just try to return or forget about PR after July?
- All members' PR cards are valid till 2023.

Guidance will be gratefully appreciated.

Thanks.

They won’t (and actually can’t) deny you entry. What they can do is report you failing to meet RO. If they do, there are options for you in those circumstances (appeals). Whether you are successful or not is beyond anyone’s ability to predict.

 

[armoured]

It's true no-one can say how this will go - but they must take into account factors like ... an actual travel ban.

 

[Buletruck]

It's true no-one can say how this will go - but they must take into account factors like ... an actual travel ban.

Fair enough, but the same could be said for future government policies. Other than past circumstances from today onwards, a prediction isn’t possible. Plan for the worst, hope for the best.