Strange case of failing to meet the PR requirement. Please HELP.

[sattitarartimir]

Hello all:

I highly appreciate you taking time to read this and, may be, reply to this post.

I am an associate prof. in a reputed Canadian university.

I drove to Coutts and received the "Confirmation of PR" document on May 13 2012. I went back to my home country a week later and received the PR card despatched there by one of my friends and the card expires on July 16 2017, finishing the five year period.

As I said, upon receiving the card, I left for a six-month academic sabbatical (have the letter from the university granting the leave) and came back to Canada on Jan 4 2013. Again I became eligible for another six month sabbatical which I took and due to that I remained absent in Canada from Jan 1 2014 to Sep 7 2014 (I have the original six month letter and the extension letter for July 1 to Sep 7, 2014). Given that I also travelled outside Canada other than these two occasions, I have stayed in Canada a total of about 555 days to this date.
Due to a personal reason, I have to leave for the US and will stay there and most probably will add another 2 months stay (60 days) before July 16 2017. So, this will be added to the 555 days. So, clearly I am not meeting the PR requirement.

Given this, I have a few questions and would greatly appreciate your help.

1. Is there any chance to get my PR card renewed if I state on a separate letter (during the renewal time) that I had to stay out of Canada for conducting research outside Canada and this is part of my job (meaning academicians typically use sabbatical times to visit a foreign country and conduct joint research)? Will this fall under one of the special three clauses for PR obligations?

2. The above numbers indicate that I am falling short of about 6 months to meet the requirement. If I try real hard, then before I apply for the renewal in July 2017, I can reduce that shortfall to, say, 2 months. Do you think this may sway the officer to approve my renewal application?

3. Should I apply for the renewal being inside Canada during July 2017 or I can apply from outside Canada?

4. I am not trying to game the situation (of course because I have been associated with a reputed Canadian university and my personal records have been immaculate to date), but just wanted to know how CIC keeps track of the total number of days one stays inside Canada? This is because CIC doesn't stamp passports while leaving Canada.

Thanks for reading. Please help because I would like to keep the residency and come back to this beautiful country.

 

[zardoz]

Hello all:

I highly appreciate you taking time to read this and, may be, reply to this post.

I am an associate prof. in a reputed Canadian university.

I drove to Coutts and received the "Confirmation of PR" document on May 13 2012. I went back to my home country a week later and received the PR card despatched there by one of my friends and the card expires on July 16 2017, finishing the five year period.

As I said, upon receiving the card, I left for a six-month academic sabbatical (have the letter from the university granting the leave) and came back to Canada on Jan 4 2013. Again I became eligible for another six month sabbatical which I took and due to that I remained absent in Canada from Jan 1 2014 to Sep 7 2014 (I have the original six month letter and the extension letter for July 1 to Sep 7, 2014). Given that I also travelled outside Canada other than these two occasions, I have stayed in Canada a total of about 555 days to this date.
Due to a personal reason, I have to leave for the US and will stay there and most probably will add another 2 months stay (60 days) before July 16 2017. So, this will be added to the 555 days. So, clearly I am not meeting the PR requirement.

Given this, I have a few questions and would greatly appreciate your help.

1. Is there any chance to get my PR card renewed if I state on a separate letter (during the renewal time) that I had to stay out of Canada for conducting research outside Canada and this is part of my job (meaning academicians typically use sabbatical times to visit a foreign country and conduct joint research)? Will this fall under one of the special three clauses for PR obligations?

2. The above numbers indicate that I am falling short of about 6 months to meet the requirement. If I try real hard, then before I apply for the renewal in July 2017, I can reduce that shortfall to, say, 2 months. Do you think this may sway the officer to approve my renewal application?

3. Should I apply for the renewal being inside Canada during July 2017 or I can apply from outside Canada?

4. I am not trying to game the situation (of course because I have been associated with a reputed Canadian university and my personal records have been immaculate to date), but just wanted to know how CIC keeps track of the total number of days one stays inside Canada? This is because CIC doesn't stamp passports while leaving Canada.

Thanks for reading. Please help because I would like to keep the residency and come back to this beautiful country.

Firstly, the expiry date on the PR Card is irrelevant when calculating for the residency obligation requirements. It's based on the date that you become a PR, not the PR Card.

1) No, this is not a valid exemption.
2) You must not spend more than 1095 days outside Canada in the 1825 days since you landed as a PR if you want to comply with the residency obligation requirements.
3) If you don't meet the Residency Obligation requirements, applying to renew the PR Card will lead to problems, including the potential revocation of your PR status. You must submit the renewal from inside Canada.
4) They know, can find out, or make you prove that you meet the residency obligation requirements.

 

[sattitarartimir]

Thanks zardoz.

I got all your points which are very helpful except the following comment.

"Firstly, the expiry date on the PR Card is irrelevant when calculating for the residency obligation requirements. It's based on the date that you become a PR, not the PR Card."

What does it exactly mean? I was under the impression that between the date I received that COPR and the expiration date on the card (which is basically five years), I must stay 730 days in Canada.

 

[zardoz]

Thanks zardoz.

I got all your points which are very helpful except the following comment.

"Firstly, the expiry date on the PR Card is irrelevant when calculating for the residency obligation requirements. It's based on the date that you become a PR, not the PR Card."

What does it exactly mean? I was under the impression that between the date I received that COPR and the expiration date on the card (which is basically five years), I must stay 730 days in Canada.

The card expiry date is irrelevant when calculating. For example, you can delay the issue of your first PR card if you don't have a suitable Canadian address to have it sent to. Therefore, it might easily expire much later than 5 years after you landed. You have to calculate based only on actual days in Canada.

 

[dpenabill]

Concur in much of what zardoz has posted.

Additionally . . .

I got all your points which are very helpful except the following comment.

"Firstly, the expiry date on the PR Card is irrelevant when calculating for the residency obligation requirements. It's based on the date that you become a PR, not the PR Card."

What does it exactly mean? I was under the impression that between the date I received that COPR and the expiration date on the card (which is basically five years), I must stay 730 days in Canada.

Dates on PR card are not relevant.

Between date of landing and the fifth year anniversary a PR must be present in Canada at least 730 days. It is not about "basically five years," but precisely five years.

Easiest way to understand this is that a PR must not be abroad for 1095 or more days during the first five years after landing.

As of the day after the fifth year anniversary, compliance with the PR RO is based on being present in Canada 730 days within the immediately preceding five years.

Thus, for example, if you are abroad next year and you arrive back in Canada on June 15, 2017, you must have been in Canada 730 days between June 15, 2012 and that day to be in compliance.

If you arrive back in Canada any time before May 13, 2017, you are OK unless you have been absent for 1095 or more days since the day you landed (May 13, 2012).

Thus, for example, if you are abroad most of this year and are returning to Canada in January 2017, if you have been absent 1095 or more days since landing when you arrive at the PoE to enter Canada, you will be at risk of being reported, potentially issued a Removal Order, and could lose PR status if you lose an appeal of the Removal Order.

Again, dates on the PR card are irrelevant.



Some additional observations:

Of course there are many vocations which can involve sabbaticals and other extended engagements abroad, and the PR Residency Obligation is indeed specifically designed to accommodate this and many other contingencies. Thus, the PR RO allows a PR to spend well over half the time abroad over the course of five years without jeopardizing PR status.

Any additional leeway is an exception, for highly unusual circumstances, for circumstances largely beyond the individual PR's control.

The PR's compliance with the PR RO can be examined any time an individual has an interaction with CBSA or IRCC. Any PoE entry. Any application to IRCC. Hence the caution from zardoz that an application to renew or replace the expiring PR card risks inviting a Residency Determination, and if, as of the date of the Residency Examination you have been outside Canada for 1095 or more days since the date of landing, you would be in breach and subject to losing PR status.

While historically there were many reports that PRs traveling with currently valid PR cards were usually treated leniently if not generously at the PoE, more recent reports indicate elevated residency compliance scrutiny even of those PRs carrying a currently valid PR card (if there are any circumstances which trigger a PoE officer's questions).

To be clear, if at any time prior to May 13, 2017 (the fifth year anniversary of the date you landed) you are absent from Canada for 1095 or more days since May 13, 2012 (date you landed), you will be in breach of the PR RO and subject being reported for inadmissibility, at risk of losing PR status.

Particular queries:

1. Is there any chance to get my PR card renewed if I state on a separate letter (during the renewal time) that I had to stay out of Canada for conducting research outside Canada and this is part of my job (meaning academicians typically use sabbatical times to visit a foreign country and conduct joint research)? Will this fall under one of the special three clauses for PR obligations?

Not sure what "special three clauses for PR obligations" you are referring to. If you are referring to exceptions pursuant to which time abroad can be credited toward time present in Canada, such as the exception for a PR temporarily assigned abroad by his or her Canadian business employer (subject to some more or less stringently imposed technicalities as to what employment qualifies, what businesses qualify, and so on), hard to see how that would apply. This particular exception appears to be interpreted and applied strictly.

Otherwise, the application process allows a PR to assert that there are H&C reasons why a failure to comply with the PR RO should, in effect, be waived, and the PR allowed to retain PR status and be issued a new card. But H&C cases are complicated and difficult, and risky. Far more than a good reason for remaining abroad is required.



2. The above numbers indicate that I am falling short of about 6 months to meet the requirement. If I try real hard, then before I apply for the renewal in July 2017, I can reduce that shortfall to, say, 2 months. Do you think this may sway the officer to approve my renewal application?

No. There is no point applying for a new PR card prior to being in full compliance with the PR RO.

In contrast, you appear to be approaching the 1095 days abroad threshold, and once you do reach that threshold the officer you should be worried about is the one who examines you at a PoE the next time you enter Canada, or the time after that, unless and until you are in compliance with the PR RO. Once you reach that 1095 days abroad (since May 13, 2012) threshold, any time you approach a PoE to enter Canada you will be at risk of being reported for inadmissibility.


3. Should I apply for the renewal being inside Canada during July 2017 or I can apply from outside Canada?

You need to make the application in Canada. You need to be in compliance with the PR RO before you make the application. Given how close you will be cutting it, at best it appears, you should probably be settled and living in Canada before applying.


4. I am not trying to game the situation (of course because I have been associated with a reputed Canadian university and my personal records have been immaculate to date), but just wanted to know how CIC keeps track of the total number of days one stays inside Canada? This is because CIC doesn't stamp passports while leaving Canada.

The PR himself or herself has the burden of keeping track of the total number (and actual dates) one is outside Canada. When asked, it is important to give complete and accurate information regarding this. There are no odds favouring any other approach.

IAD decisions reflect increased scrutiny of PRs at a PoE and it appears CBSA has increased capacity to identify misrepresentations. In some recent cases there have been criminal prosecutions for giving false dates.

For anyone who is worried about being sure to report all trips accurately, yes, that is something to worry about. Indeed, any PR reporting travel dates, whether to a PoE officer or in an application such as to obtain a replacement PR card, who is not very confident they are completely and accurately reporting all dates of travel, should be sure to specifically acknowledge this . . . such as by clearly stating something to say the dates are approximate or uncertain. Sure, whether acknowledging this to a PoE officer or in the application for a new card, yes this is likely to invite elevated scrutiny to more thoroughly check . . . but the alternative, to not acknowledge some uncertainty and then the CBSA or IRCC examiner identifies a discrepancy, particularly any omission, at the very least that compromises the PR's credibility and creates suspicion, and at worst is deemed a misrepresentation leading to criminal charges and/or loss of PR status.

It is not that CBSA or IRCC has to keep track of every trip. All they have to do is have enough information to identify any trip the PR failed to declare. There was one case where somehow CIC (well before the name was changed to IRCC) got a copy of a Conference flyer, for a conference in Switzerland, which indicated the PR was a participant in the conference occurring on dates the PR had declared he was in Canada. Did not end well (though as I recall I don't think he ended up doing any jail time, just loss of PR status).

Sure, historically, scores and scores of PRs have fudged some of their information and avoided strict enforcement of the PR RO. This may continue to be common. Many may continue to get away with less than complete disclosure. But that approach is NOT recommended.