Spending less than one year on PR out of 5 years

[attaboy]

I have some questions on how to maintain/renew PR in the below scenario:

I got my PR in Sep 2016 and its valid until Sept 7 2021. In order to maintain my PR status I have to live in Canada for at least 2 years out of the five years and here is my question,


If I live in Canada for little more than 1 year during the last year of the PR (from 2020 Jul to 2021 Sep) can I renew or extend my PR, is it a easy process to renew my PR while in Canada? For renewal will I have still go through the express entry and point system?

Or

Do I have to apply for a new PR from scratch, does it mean get back in via express entry? Residing in Canada during applying for PR does it make it any easier?


Thanks for insights from the vetreans here.

 

[Bs65]

I have some questions on how to maintain/renew PR in the below scenario:

I got my PR in Sep 2016 and its valid until Sept 7 2021. In order to maintain my PR status I have to live in Canada for at least 2 years out of the five years and here is my question,


If I live in Canada for little more than 1 year during the last year of the PR (from 2020 Jul to 2021 Sep) can I renew or extend my PR, is it a easy process to renew my PR while in Canada? For renewal will I have still go through the express entry and point system?

Or

Do I have to apply for a new PR from scratch, does it mean get back in via express entry? Residing in Canada during applying for PR does it make it any easier?


Thanks for insights from the vetreans here.

so just to clarify that between Sept 2016 and Sept 2021 you only plan to spend 1 year in Canada ?

If so spending only the last year or not is irrelevant given if you fail the RO at the time you try to apply for your new PR card it is likely you will get a secondary review possibly leading to your PR status getting revoked.

It is also possible by the way that whilst as a PR you are entitled to enter the country there is a possibly when you enter the country having failed RO you get reported starting the revoke process anyway. If not reported on entry you would need to spend the next 2 years without leaving to reset your RO.

Once you are a PR then EE and so on is irrelevant for a PR card renewal unless you have your PR revoked or you renounce it and start all over again.

Just to be clear PR cards expire, yours Sept 2021, PR status never expires and can only be revoked or renounced.

PR cards generally tend to be most critical if you intend to travel outside Canada so in your case if you only spend 2020/21 in Canada it would be advisable not to renew your PR card until maybe 2022/23 once you have spent at least 2 years in the country, your PR card application may still get a review but has a better chance of success post 2 years.

PR card renewals can only be done from within Canada.

If as a result of failing the RO and as a result of applying for a new PR card you are informed your PR status may get revoked I believe you have the opportunity to appeal. However once revoked you need to start the EE process from the beginning again and being in Canada makes no difference to do that although you would need a legal status then anyway to still be in the country.

Others can comment/correct me but thats my view.

 

[canuck78]

Not sure why you applied if you didn't intend to move until 2020. Makes you life much more complicated. Either you get reported when you enter in 2020 for not meeting RO or if you don't get reported you basically have to stay in Canada for 730 without leaving and not sponsoring anyone at that time as well so they don't look into your case. If you only do close to 730 days you will probably end up in secondary review when you renew you PR.

 

[attaboy]

so just to clarify that between Sept 2016 and Sept 2021 you only plan to spend 1 year in Canada ?

If so spending only the last year or not is irrelevant given if you fail the RO at the time you try to apply for your new PR card it is likely you will get a secondary review possibly leading to your PR status getting revoked.

It is also possible by the way that whilst as a PR you are entitled to enter the country there is a possibly when you enter the country having failed RO you get reported starting the revoke process anyway. If not reported on entry you would need to spend the next 2 years without leaving to reset your RO.

Once you are a PR then EE and so on is irrelevant for a PR card renewal unless you have your PR revoked or you renounce it and start all over again.

Just to be clear PR cards expire, yours Sept 2021, PR status never expires and can only be revoked or renounced.

PR cards generally tend to be most critical if you intend to travel outside Canada so in your case if you only spend 2020/21 in Canada it would be advisable not to renew your PR card until maybe 2022/23 once you have spent at least 2 years in the country, your PR card application may still get a review but has a better chance of success post 2 years.

PR card renewals can only be done from within Canada.

If as a result of failing the RO and as a result of applying for a new PR card you are informed your PR status may get revoked I believe you have the opportunity to appeal. However once revoked you need to start the EE process from the beginning again and being in Canada makes no difference to do that although you would need a legal status then anyway to still be in the country.

Others can comment/correct me but thats my view.

Thank you very much for taking time to reply in detail. I tired to look up what RO is and all that comes up related to CIC is "Removal Order" Is this what you refer as RO? At the time being this how my situation looks where I may not be able to spend more than 2 yrs with in five years. To avoid the complications of RO, what if I don't enter Canada at all with in the five years and my PR card validity will expire in 2021 Sep. How do I go about entering Canada, in this case, since I can't renew my PR while outside Canada but my PR is still valid but not the card.

 

[attaboy]

Not sure why you applied if you didn't intend to move until 2020. Makes you life much more complicated. Either you get reported when you enter in 2020 for not meeting RO or if you don't get reported you basically have to stay in Canada for 730 without leaving and not sponsoring anyone at that time as well so they don't look into your case. If you only do close to 730 days you will probably end up in secondary review when you renew you PR.

Thank for your reply and the details. When I applied the situation was looking good for moving to Canada in 2017, but down the line things changed and the worst case I am looking is to spend the last 12-15 months in the five years. What are my other options if I have to retain my PR in this situation. Again, thanks for your time.

 

[scylla]

Thank for your reply and the details. When I applied the situation was looking good for moving to Canada in 2017, but down the line things changed and the worst case I am looking is to spend the last 12-15 months in the five years. What are my other options if I have to retain my PR in this situation. Again, thanks for your time.

Your options are extremely limited.

If you have a spouse who is a Canadian citizen and they are living with you outside of Canada - that would fix the situation. Another way would be to come to Canada and find a job in Canada with an existing Canadian company (setting up your own company won't work). After working for a number of months in Canada, if that company transfers you to a job outside of Canada - you could then count this time towards PR.

Otherwise there's really no way. If you don't meet RO when you re-enter Canada, it's quite possible to may be reported and your PR status revoked.

If keeping your PR status is critical, then make sure you move back to Canada by September 2019 and you don't leave for two years.

 

[canuck78]

RO=Residency obligation

 

[attaboy]

Your options are extremely limited.

If you have a spouse who is a Canadian citizen and they are living with you outside of Canada - that would fix the situation. Another way would be to come to Canada and find a job in Canada with an existing Canadian company (setting up your own company won't work). After working for a number of months in Canada, if that company transfers you to a job outside of Canada - you could then count this time towards PR.

Otherwise there's really no way. If you don't meet RO when you re-enter Canada, it's quite possible to may be reported and your PR status revoked.

If keeping your PR status is critical, then make sure you move back to Canada by September 2019 and you don't leave for two years.

Thanks for the suggestions, the 1st one is ruled out 2nd option of finding a job in a existing company is something that be thought of. Last question, please bear with me, what happens if I don't come to Canada until my 5 yrs is over and later want to come, do I start a new PR process in EE?

 

[scylla]

Thanks for the suggestions, the 1st one is ruled out 2nd option of finding a job in a existing company is something that be thought of. Last question, please bear with me, what happens if I don't come to Canada until my 5 yrs is over and later want to come, do I start a new PR process in EE?

Bs65 already explained this above. Please re-read that post.

Keep in mind that Canada's immigration programs change constantly. EE may not be around in five years.

 

[attaboy]

Bs65 already explained this above. Please re-read that post.

Keep in mind that Canada's immigration programs change constantly. EE may not be around in five years.

Thank you, I re-read the post and got my answers, I also agree with you that things might change in 5 yrs from now.

 

[attaboy]

RO=Residency obligation

Thanks for that.