Rolling five years and renewing PR card

[Kattikam]

We became permanent resident of Canada on 28th October, 2010. We got our card renewed properly with the expiry date of 24 December, 2020.

Now we plan to land in Canada on 10 September, 2018. Our stay in Canada since 2013 has been as under:

From 23 October 2013 to 15th October, 2015: 670 days.

If now we land in Canada on 10th September, 2018, would we be able to fulfill our permanent residency requirement and be able to renew our PR card in 2020? Will the rule of rolling five years affect our chances of renewal?

Thanks

 

[Bs65]

When you come back Sept 10th 2018 then days back to Sept 10 2013 count towards RO only 670 days so your first challenge is to enter without being reported leading to PR being revoked.

Assuming you get back into the country then those 670 days start to fade away after 23 October 2018 and would be Zero by 15 October 2020.

I am not going to do the math here on when you can still get some credit for those days added to days post Sept 10 th 2018 other than to say in simple terms maybe plan to stay put through mid 2020 before applying to renew your PR cards.

Even without those days if you enter Sept10 2018 and stay put until Sept 10 2020 you meet the RO without any issue.

 

[manish_canada]

We became permanent resident of Canada on 28th October, 2010. We got our card renewed properly with the expiry date of 24 December, 2020.

Now we plan to land in Canada on 10 September, 2018. Our stay in Canada since 2013 has been as under:

From 23 October 2013 to 15th October, 2015: 670 days.

If now we land in Canada on 10th September, 2018, would we be able to fulfill our permanent residency requirement and be able to renew our PR card in 2020? Will the rule of rolling five years affect our chances of renewal?

Thanks

Did you complete 730 days in your first 5 years since becoming PR?

 

[zardoz]

Did you complete 730 days in your first 5 years since becoming PR?

This is not actually relevant. It's what happened in the 1825 days immediately preceding the renewal application that the residency obligation requirements relate to.

 

[Kattikam]

When you come back Sept 10th 2018 then days back to Sept 10 2013 count towards RO only 670 days so your first challenge is to enter without being reported leading to PR being revoked.

Assuming you get back into the country then those 670 days start to fade away after 23 October 2018 and would be Zero by 15 October 2020.

I am not going to do the math here on when you can still get some credit for those days added to days post Sept 10 th 2018 other than to say in simple terms maybe plan to stay put through mid 2020 before applying to renew your PR cards.

Even without those days if you enter Sept10 2018 and stay put until Sept 10 2020 you meet the RO without any issue.

Did you complete 730 days in your first 5 years since becoming PR?

Yes during the span 2010 to 2015, i.e. during the first 5 years since becoming PR we spent more than 730 days.

 

[Kattikam]

Did you complete 730 days in your first 5 years since becoming PR?

yes, we stayed in Canada for more than 730 days during our first 5 years since becoming PR.

 

[Buletruck]

As pointed out, it’s only the 5 years prior to the return date that are considered. Returning in September 2018 with only 670 days in the previous 5 years will leave you short of the RO and at risk of loosing your PR status if reported on entry.

 

[evdm]

It's been said above already, but I'll phrase it a little differently.

When you arrive in Canada on September 10, 2018, the officer will only count the days you were in Canada between September 11, 2013 and that day.

If this is less than 730, you've failed to meet the requirements. You risk being reported. The only dates that matter for anything are what I've mentioned above.

 

[bricksonly]

If CBSA officer is not friendly you will be reported, as you have only 670 days in Canada whenever you reenter Canada for the past 5 years. You don't have any chance to change this only if you have a citizen spouse to add those days outside Canada peacefully.

However, my suggestion is to go Canada asap. The shorter your absence from Canada, the smaller chance you will be reported. Your reenter from last stay is too close to 3 year, buddy. You should anyway pay Canada a visit every 1 or 1.5 years.

 

[Kattikam]

What are our chances for consideration on human grounds? The fact is I am the only child of my bedridden 85 year old widowed mother who suffers from different ailments and this is one of the primary reasons for my staying in India. In this regard my wife has also to stay here. Moreover my wife too is the only child of her widowed mother who is around 82 years old and she has also to be taken care of.
Thanks

 

[zardoz]

What are our chances for consideration on human grounds? The fact is I am the only child of my bedridden 85 year old widowed mother who suffers from different ailments and this is one of the primary reasons for my staying in India. In this regard my wife has also to stay here. Moreover my wife too is the only child of her widowed mother who is around 82 years old and she has also to be taken care of.
Thanks

So, what is going to change that allows you to return to Canada in September? If you don't have a really good answer for this question, then CBSA or IRCC will wonder why you had to stay away at all.

 

[Kattikam]

So, what is going to change that allows you to return to Canada in September? If you don't have a really good answer for this question, then CBSA or IRCC will wonder why you had to stay away at all.

As the situation is genuine, I think I should be able to furnish cogent reasons with evidence. For example previously some of the relatives resided with my sick mother by turn to provide whatever support they could give. Then when those relatives had to leave her for attending their own affairs we had to come to India to support her. I even continued doing the job for financially affording her medications etc. For that I had to live in India outside Canada . It was also equally important for us to get back to Canada as soon as possible to retain our PR status. I am resigning from my job and selling my house. I would now have ample money and would be in a position to engage 24 hour medical attendants for my mother. So after having undertaken all these steps we would be leaving for Canada as soon as possible. I think these are fair reasons. Don't you think them to be?

 

[zardoz]

As the situation is genuine, I think I should be able to furnish cogent reasons with evidence. For example previously some of the relatives resided with my sick mother by turn to provide whatever support they could give. Then when those relatives had to leave her for attending their own affairs we had to come to India to support her. I even continued doing the job for financially affording her medications etc. For that I had to live in India outside Canada . It was also equally important for us to get back to Canada as soon as possible to retain our PR status. I am resigning from my job and selling my house. I would now have ample money and would be in a position to engage 24 hour medical attendants for my mother. So after having undertaken all these steps we would be leaving for Canada as soon as possible. I think these are fair reasons. Don't you think them to be?

If you find yourself in the difficult situation of having to appeal to retain your PR status, this is the sort of information that you will need to provide, along with supporting documents. Good luck.

 

[dpenabill]

I think these are fair reasons. Don't you think them to be?

Yes. Fair. And that is why Canada allows PRs to remain outside Canada for up to three years out of the previous five, PRECISELY TO ACCOMMODATE such circumstances.

If the PR is outside Canada more than that, that constitutes a breach of the PR Residency Obligation. A PR in breach of the PR RO is at risk of being reported during any PoE examination.

It is very, very difficult to forecast the nature or scope of inquiry a returning PR WHO IS IN BREACH OF THE PR RO will encounter upon returning to Canada. In other topics I have enumerated many of the factors which are likely to have some influence.

For an individual who has been a PR for going on eight years and still has not permanently settled in Canada, and whose last absence from Canada is more than a year, especially two years, the risk of a PR RO examination is probably significantly higher than for many others. The risk of being reported is difficult to guess, but there is definitely a significant if not substantial risk.

Yes, H&C grounds may be raised and may persuade the Minister's Delegate to not issue a Removal Order despite the breach in the PR RO, but that is a big gamble.

The sooner the PR returns to Canada the the better the odds of not being reported. But once a PR well past the first five years since landing is in breach of the PR RO, my guess is it is significantly more difficult, more risky. For obvious reasons. The purpose of PR status, after all, is for the individual to settle permanently and live in Canada. The liberal PR RO is not intended to facilitate living in Canada part-time.

 

[Kattikam]

If you find yourself in the difficult situation of having to appeal to retain your PR status, this is the sort of information that you will need to provide, along with supporting documents. Good luck.

Many thanks for the encouragement.