PR about to expire, Can I still go outside Canada?

During the first five years of being a Canadian PR it is not a good idea to leave Canada (once you in Canada) if you have been outside Canada nearly or more than 1095 days landing.

Whether or not you will be questioned at the POE upon returning, assuming you have a currenly valid PR in possession, is up to the POE officials interviewing you upon your return.

If you have been outside Canada over 1095 days since the day you landed, you are in breach of the residency obligation. You would be at high risk for being given a Removal Order.

Best course of action is to stay in Canada until you securely met the PR residency obligation. (And not apply for a replacement/new PR card until you are solidly in compliance with the PR residency obligation.)

Most indications are that these days Canada is being more strict in enforcing this.

Remember: the PR card itself is just a document evidencing your status. The dates of validity on the card are not relevant to whether or not a PR is in compliance, or in breach, of the PR residency obligation.

bhavsarchandrakant@g wrote: Chandrakant is here.This s my physical Exit out of CANADA due to my Govt.Job factor and More leaves were not sanctioned by the Authority?The total days out of CANADA such as:

Foremost: NOT a good idea to post your file number or client ID number online like this. You can edit your post (click on "post options") to delete this information.

Beyond that, I do not understand what your situation is, including why the calculation ends as of October 2011.

Moreover, I am no expert. No one at a site like this should be considered to be an expert (some participants here might be experts, but insofar as their participation here, their posts should not be relied upon to be an expert opinion). I suspect you need some professional advice or even assistance. A lawyer is far better than a consultant.

As for the reason to be outside Canada being a government job: if that is a job with the Canadian government (including job with the government of a Canadian province), the time outside Canada would count as time present in Canada for purposes of the PR residency obligation. If it is a job with any other government (any government other than a Canadian government), it will not count, and I doubt that it would count in an H&C case either.

In any event, since you cutoff the calculation of days as of October 2011, I will offer the following based on the guess that you returned to Canada on the 24th or 25th of October, 2011, was subject to a 44(1) report and subsequently issued a Removal Order which was appealed: It will depend on whether or not you have a good H & C argument. 1102 days outside Canada within a five year time span is a breach of the PR residency obligation. What really counts is how many days you were present in Canada, but being outside Canada for more than 1095 days in a five year time span means you were present in Canada less than 730 days during that five year time frame.

Other than that scenario, it is too difficult to guess what the relevant time frame is based on what you provide. Note, for example, that as of today, the relevant time frame, the five years that would be part of the calculation, would be March 5, 2008 to March 4, 2013; absences or presence prior to March 5, 2008 would not be part of the calculation (although where you were living prior to that may factor into an H&C assessment).

I very much suspect you need to at least consult with a lawyer, not a consultant, but a licensed Canadian lawyer experienced in immigration law.

bhavsarchandrakant@g wrote: Hi, Chandrakant is here.This s my physical  Exit out of CANADA due to my Govt.Job factor and More leaves were not sanctioned by the Authority?The total days out of CANADA such as:      Out side Canada:Month And Year vise data: (1) Year 2007 :Took off on December 12  at 07-45pm from Canada is considered as present into Canada.Outside Canada  Days counting as begins: December-2007=019,                             / ====================        Total days=019 _-------------------------                                           Year vise calculation:     (2) Year-2008= January-2008=31 days,                       (1) Year-2007=019 days, February- ''   =28   ''                            (2) Year-2008=132  '' March-     ''   =31    ''                            (3) Year-2009=289  '' April-       ''   =30    ''                            (4) Year-2010=365  '' May-2008     =12    ''                            (5)  Year-2011=297  '' =====================                ====================    Total Days=132  days.                       Total days     =1102/ Outside canada ------------------------------------------- (3) Year-2009 : March-     ''   =14  days    April-       ''   =30    '' May-2009     =31    '' April       ''    =30    '' May        ''    =31    '' June      ''    =30    '' July       ''    =31    '' August  ''    =31    '' September =30    '' October ''   =31   '' November =30    '' December =31    ''  ================ Total days=289/ -------------------------------------------- (4) Year-2010:- January-2010=31 days, February- ''   =28   '' March-     ''   =31    '' April-       ''   =30    '' May-2009     =31    '' April       ''    =30    '' May        ''    =31    '' June      ''    =30    '' July       ''    =31    '' August  ''    =31    '' September =30    '' October ''   =31   '' November =30    '' December =31    ''   ======================= Total days=365/ ----------------------------------------------- (5) Year-2011:   January-2011=31 days, February- ''   =28   '' March-     ''   =31    '' April-       ''   =30    '' May-2009     =31    '' April       ''    =30    '' May        ''    =31    '' June      ''    =30    '' July       ''    =31    '' August  ''    =31    '' September =30    '' October-''   =24    ''  ======================== Total days =297/ Can you guide me,will I save my PR CARD STATUS?

 Total days spent in Canada=69 days

(6) Year-2012=

(1) January-2012=10 days,
======================================
 Total days spent in Canada=10 days,
---------------------------------------------------------------------------------------------
Now every year vise, total days, I have spent in CANADA SUCH AS:
(1) Year 2006=Total days spent in Canada=       066 days.
(2) Year 2007- Total days spent in Canada=       347 days.
(3) Year 2008- Total days spent in Canada=       234 days.
(4) Year 2009- Total days spent in Canada=       076 days.
(5) Year 2011- Total days spent in Canada=       069 days.
(6) Year 2012- Total days spent in Canada=       010 days.
===============================================
Now Total Days of All Years I have spent in Canada=802/Days.

Due to Govt-job and neither sanctioned more leaves by the authority in time to lessen the gap of absence during the last five year residency obligation period. From now I plan to live and remain in CANADA as my all kids are in CANADA.

Also I was intimated by my son to remain present in CANADA for completing PR CARD STATUS FORMALITIES (As first time I was in Canada to complete the formalities within 5 year residency obligation period for completing PR CARD STATUS PROCEDURE).

In reference of CLIENT ID,NOVEMBER 21,2012, I had applied NOVEMBER 29,2012 for ‘’TRAVEL DOCUMENTS’ through VFS,AHMEDABAD and THE CANADIAN HIGH COMMISSION OFFICE,NEW DELHI,also received my application on the very same day.

Also I had dispatched the same matter BY SPEED POST on the same day to the PERMANENT RESIDENT CARD, CASE PROCESSING CENTRE,SYDNEY for the further procedure and information.

Now I have received unexpected letter-NOTICE OF APPEAL WITH FILE NUMBER, on the last February 13,2013.

From the table of the Days spent in CANADA, is quite clear that I had tried my level best to maintain 730/ days out of Five Year Period, but I also confess that I know nothing about PR RULES in detail. Simply I follow the calculation that I had to live 730 days out of 5 years and I did that.

If, the first 413 days are not taken into consideration I have spent in CANADA, guide and help me what I have to do? as I want to live with my kids IN CANADA forever.

Hoping For A Favorable Response,

Email:[email protected] :[email protected]

Edited by bhavsarchandrakant@g - 05 Mar 2013 at 9:06am