When to submit application for renewal of PR?

[Drevan2]

Hello there,
Good Day. My family and I landed in Aug 2008. All of them except me, have satisfied their PR days.
This April (2013) I will be returning to Canada to stay till Aug 2013.
I would have stayed 1080 days outside Canada till April.I will complete 730 days by mid July 2013.
My family and I are thinking of applying for renewal in April. I do not intend to leave Canada till I receive my PR card. I need to join a job outside Canada in September 2013. When should I apply for the renewal? April or July? Should I show any proof apart from primary documents if I apply in April? Can I ask for emergency renewal if I apply in mid July to leave Canada in September?
Thanks.
DR

 

[Msafiri]

Hello there,
Good Day. My family and I landed in Aug 2008. All of them except me, have satisfied their PR days.
This April (2013) I will be returning to Canada to stay till Aug 2013.
I would have stayed 1080 days outside Canada till April.I will complete 730 days by mid July 2013.
My family and I are thinking of applying for renewal in April. I do not intend to leave Canada till I receive my PR card. I need to join a job outside Canada in September 2013. When should I apply for the renewal? April or July? Should I show any proof apart from primary documents if I apply in April? Can I ask for emergency renewal if I apply in mid July to leave Canada in September?
Thanks.
DR

1. Apply only when you have 730 days - any less and you are asking for trouble.
2. Submit the proof as required in the renewal package available on CIC website. They want to see Notice of Tax Assessments which CIC appear to deem as a strong indicator of claimed days in Canada.
3. Sure you can ask for urgent processing - again the renewal forms/ guide and CIC website tell you how to do this..you need to submit paid proof of travel. If CIC deem you file needs additional review then it will not be urgently processed so you better have a plan B.

 

[Drevan2]

Thank you Msafari,
One last question. Should I file returns even if I did not earn anything in Canada for the tax years? Can I show evidence of bank statements, volunteering work and health records to show I was present for these days if I have not been assessed for tax? I have seen replies like"why did you file returns when there was no income from Canadian sources"?
DR

 

[steaky]

Thank you Msafari,
One last question. Should I file returns even if I did not earn anything in Canada for the tax years? Can I show evidence of bank statements, volunteering work and health records to show I was present for these days if I have not been assessed for tax? I have seen replies like"why did you file returns when there was no income from Canadian sources"?
DR

You said you have bank statements. Perhaps you have Canadian bank interest and other foreign income? If so, you might have to file tax return to report such income.

 

[Hasher]

Try to delay your job joining and apply after July or even in August. Your Health record and Volunteer work will help you.

 

[Drevan2]

Thank you Hasher,

Could you advise me on two queries please?

1. What can happen if I leave Canada after applying in July (completing 730 days) to join the job on time in Sept without receiving the renewed PR card (if I succeed)?Can I return to Canada with an entry permit to collect the card?

2. On the other hand, can I apply as "urgent processing" saying I will be back soon?

Thanks
DR

 

[Msafiri]

Thank you Msafari,
One last question. Should I file returns even if I did not earn anything in Canada for the tax years? Can I show evidence of bank statements, volunteering work and health records to show I was present for these days if I have not been assessed for tax? I have seen replies like"why did you file returns when there was no income from Canadian sources"?
DR

1. Check the Canada Revenue website - depending on the ties you have to Canada you could be a deemed resident and are expected to file taxes even on out of Canada income with tax liabilities netted off any agreements between Canada and the relevant country...where have you been working?

AFAIK having family read spouse and kids based in Canada is one of the strongest ties for being deemed a tax resident - do you own your home in Canada? Do you have a health card from your province of residence? If your spouse is in receipt of various tax credits and/or child benefit then again there is a 'file tax' obligation.

2. Bank statements are passive indicators of residence so CIC will ignore them...their argument is that any one else read a family member could be using your bank cards...its an old but tired trick. Health records are an active indicator of physical presence so they count...volunteer letter depends on the credibility...if its a well known respectable institution sure...if its a mom and pops set up sorry no dice.

 

[Msafiri]

Thank you Hasher,

Could you advise me on two queries please?

1. What can happen if I leave Canada after applying in July (completing 730 days) to join the job on time in Sept without receiving the renewed PR card (if I succeed)?Can I return to Canada with an entry permit to collect the card?

2. On the other hand, can I apply as "urgent processing" saying I will be back soon?

Thanks
DR

1. Depends if you get called to pick up the card in person then you will have to apply for a Travel Document - this will result in a fresh review of the Residence Obligation i.e 730 days in 5 years prior to application date. You better build up a cushion if this is your plan. I would suggest as a minimum a 90 days cushion. If your card is mailed out to your house then someone can mail it on to you but that doesn't absolve you of the RO and you will be on thin ice each time you interact with CIC/CBSA and they check the RO.

2. See point 3 of my initial response.

 

[Drevan2]

Thank you Msafari,
There are tax treaties with all the countries I had worked. So am I a deemed non-resident for tax purpose (same rules apply to non-residents right?)? Do I still have to file taxes?
DR

 

[Drevan2]

Thank you Msafiri,
Did you mean fresh review for residency obligation 5 yrs from the date of application for Travel document?
DR

 

[Msafiri]

Thank you Msafari,
There are tax treaties with all the countries I had worked. So am I a deemed non-resident for tax purpose (same rules apply to non-residents right?)? Do I still have to file taxes?
DR

Check the CRA website for deemed tax resident status. If you are not sure they have forms you will fill out for CRA to give you their view as to your tax status. The tax treaties prevent double taxation they don't exempt you from filing.

 

[Msafiri]

Thank you Msafiri,
Did you mean fresh review for residency obligation 5 yrs from the date of application for Travel document?
DR

You must meet the Residence Obligation (RO) of 730 days in each 5 year rolling period from date of PR at each immigration examination - such examination includes PR Card renewal application, TD application, sponsorship, port of entry etc. So you may meet the RO at PR Card renewal but if there are delays or issues with processing and you are already out of Canada then you may not meet the RO at TD application - that's why you should build a buffer...you need to decide if PR status is important to you..if it is then hang tight in Canada...else you will always be on thin ice gambling with not getting busted for not meeting the RO.