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When must i be back to Canada?

Discussion in 'Permanent Residency Obligations' started by Chicbrit, Jul 11, 2019.

  1. I lived in Canada for 31 years. I have had to spend time in UK due to a traumatic personal issue. I have met my PR requirements in order to renew my PR card in January, 2017. My new PR card expires on August 28, 2022. I had to leave Canada again on January 24, 2017 to continue with personal matter. I am now very scared as do not want to lose my PR status. When must I return to Canada to prevent losing my status. As my card expires on August 28, 2022, does that mean I can safely return up until August 2020 and then remain in Canada permanently?

    I just do not want to lose my PR status. I did apply for Citizenship in 2013 but the documents never arrived. As I am in middle of a historical abuse case, it is just another stress I do not need. Will I lose my status if I am not back in time?
     
  2. You must meet the 2 years out of 5 year requirement at any time. It has nothing to do with your PR card expiry date. It will all depend on whether you were in Canada in 2015-2017. You could technically be out of status right now.
     
  3. I met the requirement for last PR card so not out of status at all. I met the two out of five year requirement to get that card. I am fairly sure I need to be back in January, 2020. I have to meet two years out of five. I applied for last PR card and had no issue meeting requirements. Card expired January, 2017. I had no problem getting new one. You have to meet two out of five years for each new period. I shall play it safe and go back in January. I will then meet the 2 year period I need.
     
  4. Everyone has their reasons for not getting citizenship sorted and nobody is here to criticise anyone especially when dealing with personal stuff but after 31 years make that your number one priority once you are in a better place . Good luck
     
  5. It is not for each new period. After the first period it becomes a rolling system and you have to always be compliant with the 2 out of 5 rule to meet your RO. The PR card is not related to whether you meet your RO.
     
  6. You cannot get new card unless you meet the requirement for residency. I met it, and just want to be sure I meet it again. I did apply for citizenship several years ago, but they claim they never received forms. Was quite upset by that. I lived in Canada for 31 years and consider it home. I have been consistently compliant.
     
  7. I had very traumatic, personal issues to deal with, which led me to having barely enough money to live. Did not have the extra money to pay for application. Hence, why I always ensured I was compliant with PR requirements. I met my residency requirement for last card, and just want to be sure i meet it next time. The Citizenship requirement has changed a lot in recent years. Just very unfortunate they claim they never received my Citizenship application in 2013.
     
  8. Yes you need to be compliant with your RO to get a new PR card but it is no longer a 5 year stretch where you have to meet the 2 out of 5 year requirement. I will let others confirm that you are required to be constantly compliant with the 2 out of 5 requirement after the initial 5 years.
    @scylla @canuck_in_uk
     
  9. I have always met the two out of five years when getting PR cards. Been in UK dealing with a very traumatic situation, so not a fun thing. My last five year stretch went up to January 24, 2017. New one began right after that. Had to leave Canada again on January 25, 2017 to return to issue I am battling in UK. Need to tie up loose ends here and then fully intend to go home. Will be applying for Canadian citizenship as soon as I can. In the meantime I am sure I can be gone three years, but then must be home no later than that, so I have two full years in Canada. I fully intend to do so. I did seek legal advice when I applied for new card, and was told I could return to UK for three years to finish up police investigation I had commenced.
     
  10. As said above, there is no "new five year stretch". The residency requirement is a rolling obligation, meaning that at any time, you must have spend at least two out of the last five years in Canada. As long as you meet that obligation, you will be good. Many people make the mistake of thinking that the residency requirement is calculated in specific five year periods - it's not - it is ongoing.

    It is not guaranteed that you can be out of Canada for three straight years and still meet the residency requirement. That all depends on what you did in the two years before you left. You can spend three years straight outside of Canada without any risk to your PR status as long as you were in Canada for two years straight in the two years preceeding that (i.e. September 2017 to September 2019). If during that window you were away from Canada for any period of time (i.e. vacations for a few weeks, business trips, etc.) - you need to factor that into your calculations and avoid being out of Canada for three years full years (i.e. return sooner than September 2020) to make sure you still meet the rolling residency requirement. As long as you do that, you will be good.
     
    canuck78 likes this.
  11. For further verification and clarification:

    The dates on a PR card are NOT relevant when assessing compliance with the PR Residency Obligation.

    Regardless of the outcome of past Residency Obligation examinations (including the one attendant getting your last PR card), as others have tried to explain, a PR needs to continuously be in compliance, which means a PR needs to have spent at least 730 days IN Canada in the previous five years. This applies to every day.

    So, take today for example. If you are outside Canada and you somehow return to Canada today, July 11, 2019, to be in compliance with the Residency Obligation you need to have spent at least 730 days in Canada between July 11, 2014 and today. If you have NOT been in Canada at least 730 days between July 11, 2014 and today, you are not in compliance and at risk for losing PR status upon arrival at a PoE into Canada.

    If you are abroad and you return to Canada January 3, 2020, to be in compliance with the Residency Obligation when you arrive at the PoE on January 3, 2020, you will need to have been present in Canada at least 730 days between January 3, 2015 and that day, the day you arrive, January 3, 2020.

    The "five year stretch" that counts is always the five years immediately preceding the day any Canadian officer is doing the counting. Such as when the PR returning to Canada arrives at a PoE and is examined.

    Thus, going back to getting a new PR card. If you got a new PR card in January 2017, and then you traveled outside Canada but came back to Canada a few months later, say May 16, 2017. To be in compliance with the Residency Obligation when you arrived in Canada May 16, 2017, the relevant five years during which you needed to be in Canada at least 730 days would have been May 16, 2012 to that day, May 16, 2017 . . . again, even if you had just been issued a new PR card in January 2017.


    As for the traumatic experience and the reasons why you are abroad: If you fall short and thus breach the PR Residency Obligation, the circumstances compelling you to remain abroad MIGHT (but ONLY MIGHT) lead officers to let you keep PR status despite the breach. But that would be a big gamble. And if that fails, given the extent of your life lived in Canada, depending on other circumstances, there may be some other relief available. But that too would be a big gamble and could leave you without status for a lengthy period of time.

    Best way to avoid a risk of losing PR status is to be sure that by the day you return to Canada you have been IN Canada at least 730 days during the five years prior to that day.
     
    evdm, scylla and canuck78 like this.
  12. I just spoke to Canadian Border Services Agency in Canada. I told them I have a PR card expiring on August 28, 2022. I explained my situation. They told me not to worry as cannot refuse me entry as my card is valid. They said the only time that I need to worry about 730 days, is when I apply for a new PR card. They were very reassuring. I told them whole story. I feel so much better after having spoken to them. After all, they should know as they are the ones who let us into the country.
     
  13. Unfortunately, this is incorrect advice from CBSA. Your compliance with the Residency Obligation requirements can and may be assessed at any time, during any interaction with either IRCC or CBSA. A very important example is when interviewed by CBSA on entry to Canada. You will be permitted to enter but may be reported as inadmissible due to non-compliance with the RO, leading to the loss of PR status.
     
    YVR123 likes this.
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  15. I also spoke to an immigration lawyer in BC, and she said same thing as CBSA. Funny they would both say the same thing. She also said I had mitigating reason to be away longer anyway. She said even if CBSA asked me questions they would still allow me in, as have proof as to why I was in UK. Prosecuting a parent for historical abuse is reason for compassionate grounds. Nobody can be at fault for having no control as to how long a crime takes to be investigated. However, she said I would be able to get back in anyway. She has been immigration lawyer for 21 years.
     

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