Returning Skilled Worker - PR card almost expired

[AndyW888]

Hello, I have a PR card that expires in May 2013. I plan to return to Canada in February 2013. (Next few weeks).

I have only been in Canada for about 220 days in the last 4 years. The last time being October 2010.

I know I will not make the 730 days in the 5 year period. (I landed in October 2008). Had to come back to UK for personal reasons, which have now been resolved - or divorce as it’s called.

I assume once I go back to Canada then I can stay there till I’ve reached the 730 days.

My question is. Will I be allowed in? Is this guaranteed? I don’t want to sell my stuff here - car, motorbike, electrical stuff and then find I have to come back and start again.

Really appreciate your help
Cheers,
Andy

 

[arman79]

Hello, I have a PR card that expires in May 2013. I plan to return to Canada in February 2013. (Next few weeks).

I have only been in Canada for about 220 days in the last 4 years. The last time being October 2010.

I know I will not make the 730 days in the 5 year period. (I landed in October 2008). Had to come back to UK for personal reasons, which have now been resolved - or divorce as it's called.

I assume once I go back to Canada then I can stay there till I've reached the 730 days.

My question is. Will I be allowed in? Is this guaranteed? I don't want to sell my stuff here - car, motorbike, electrical stuff and then find I have to come back and start again.

Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period.
Really appreciate your help
Cheers,
Andy

 

[AndyW888]

Thank you for the reply.

I know about the requirement to stay for 730 days in a 5 year period. I guess I am really interested in knowing is will I be allowed into Canada and can a new 5 year period start when I get there in a few weeks time?

Cheers

 

[scylla]

You will definitely be allowed into Canada. The question is whether you will be reported by immigration for failing to meet residency requirements. And no - a new five year period will not start when you get there in a few weeks time. The five years is rolling. This means that at any time you must have 730 days of residency in the past five years to keep your PR status.

If you are not reported then you should remain in Canada (without leaving for even a day) until you meet the residency requirement and then apply to renew your PR card.

If you are reported, then you will have to appear in front of an immigration judge to argue why you should be allowed to keep your PR status.

 

[AndyW888]

Hi

That's really useful, thanks. Do you have any idea what determines whether or not I'd get reported, or does it depend on the official at the time?

Cheers

Andy

 

[scylla]

Depends on the official.

 

[AndyW888]

Thanks again.

Any idea what's involved in the immigration judge meeting? Is there a set time / typical time to have the meeting by? Just wondered how long I might be there in limbo? Has an impact on what I do here etc

Do you know of anything that will likely make that meeting go well for me?

I assume having a job would improve my chances of that meeting being successful?

Cheers

 

[scylla]

Thanks again.

Any idea what's involved in the immigration judge meeting? Is there a set time / typical time to have the meeting by? Just wondered how long I might be there in limbo? Has an impact on what I do here etc

Do you know of anything that will likely make that meeting go well for me?

I assume having a job would improve my chances of that meeting being successful?

Cheers

I believe the hearing with the judge is within a couple of months of arrival but don't know for sure.

I don't think having a job necessarily improves your chances of success. You're not trying to prove you have ties now. You're trying to prove you had extreme circumstances that prevented you from being in Canada. To succeed, you need to prove something happened that truly prevented you from returning to Canada to meet your residency obligation. Economic and education reasons aren't seen as reasons. Personal illness sometimes can be. Or the illness of a family member (e.g. your mother is widowed, was very ill and you were the only one available to take care of her). Make sure you have proof that demonstrates why you were held back from returning to Canada for the entire period you were away.

 

[AndyW888]

Hello, again really useful. My mitigating circumstances that kept me in the UK? I've drafted a summary which I guess I'd use at the immigration judge meeting. Do you think this will satisfy them? (Its true by the way). Do you know where I could learn more about the meetings?

Again very much appreciate your input. At the moment I think I'll go and risk it. Although the prospect of living in limbo for months is not appealing. But if i don't try then???

Cheers A


"... I applied to immigrate to Canada with my wife, xxxxx. We were both granted permanent residence status and I moved here in xxx 2008. The plan was that I would prepare things in Canada while she wrapped up our affairs in the UK and follow within a month or so. Unfortunately she decided not to join me. We had something of a trial separation. Then I moved back to the UK in xxxx 2009 to try to sort things out and continue our 28 year marriage.

Since going back we frequently discussed finally moving to Canada. In xxx 2012 I even booked my plane ticket, and arranged a shipment of furniture etc. (Flight and shipping info attached). As before, the plan being that she would join me later. The week before I was due to fly she told me she would not join me. We have spent much of the lapsed time trying to reconcile our differences but to no avail.

To cut a long and extremely painful story short. We are getting divorced and I am now living permanently in Calgary, where I have been since xx February this year, having moved here just after my wife instigated divorce proceedings.

I am working, earning xxx a year, making appropriate tax contributions and have about $xx,xxx in the bank. I am committed to continuing my new life in Canada and request that you look kindly on my application to renew my PR card and allow me to continue to live here.... "