Residency Requirement Query - Returning to canada after 3 Yrs

[sanjaylakhani]

Hi Leon

I got PR in 2009 and landed in toronto on 8th aug, 2009 and left on 7th oct, 2009 after residing for 2 months only. After that, I have not been back

My PR expiry date is - 27/09/2014

I have been out of Canada for straight 2.9 yrs, and if I retrun to Canada in July, 2012 I would be out almost by 3 Yrs. I need to understand the following:

1 . Will i have any problem in returning as PR - I could still meet the residency requirement if I return by Aug, 2012

2. Will they question me at the airport as to why I was out for 3 Yrs and do i have to give them any justification ?

3. In case they say I do not meet residency criteria, can they refuse me entry, even though I have valid PR card which has still 2 years to expire.

4. I want to doubly sure that I do not face any problem , so I want to know what is the outer date before which I can return without any hassles?

Would appreciate early reply to all the queries pointwise. Thanks once again for all your help in advance

Sanjay

 

[Leon]

1. They may ask you if you have been living in Canada etc.

2. You don't really have to justify it. Just say that you are aware that you have been outside Canada for almost 3 years, the key is almost so you have come in time to meet your residency requirements.

3. No, they can not refuse you entry. They can report people if they are sure they don't meet them but they don't do this often and certainly not for someone who is only a PR for 3 years already. It is not even possible for you to be in breach of the requirements yet.

4. The safe date for you to return is before August 8th because then you are a PR for less than 3 years so even if you only landed and stayed for 1 day, it would not be possible for you at all to be in breach of the requirements. Do you have a passport stamp from entering some other country after you left Canada on Oct 7th 2009 or a ticket, boarding card or anything else to prove that is when you left? If you do, you should be safe also to move before Oct 7th. but keep in mind that then you must stay in Canada for 2 full years after that.

 

[us2yow]

Adding to what Leon said:

Move as advised and set yourself up here in terms of all paperwork (SIN, Drivers License, Bank account, apt rental etc). And if you have to travel after you moved here to live full-time, you can travel and re-enter with the PR card which will continue to be active.

This will also mean you have fewer than 2 years closer to when the initial PR card expires (because you took some trips after you moved here). Then simply let the card expire, remain in Canada and wait until you safely hit the atleast 730 days or more of physical presence in the last 5 years that is required and then apply to renew your PR card. On the other hand, If you never set foot out of Canada ever since you moved here to live full time, then it is obvious that you are "ready" to apply for PR renewal earlier.