PR Expiry and Renewal |
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bayedsworld
New Member Joined: 21 Apr 2010 Status: Offline Points: 5 |
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Posted: 21 Apr 2010 at 8:39am |
Hi there,
I understand that one needs to stay for 2 years out of 5 years to retain PR.
My question is:
1. Once, I stay for the minimum days, how long will my pr status be renewed to?? Will it be again 5 years from the date of renewal??
2. Once it is renewed, can I again stay for the minimum 2 years, and again get it renewed?? Will the next time be for 5 years also?
3. How many times, can I get the pr renewed??
Please help me with the info. It will really be v helpful. I stay out of Canada for long periods, hence my concern.
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Beaver
Senior Member Joined: 05 Feb 2010 Status: Offline Points: 406 |
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Hi bayedsworld!
1) Your PR status stays the same as long as you meet your PR residency obligations - it's only the PR card that will have a validity of about 5 years. You can live in Canada without a PR card and can still be a PR indefinitely as long as you meet your residency obligations.
2) Your PR status is not dependent on your PR card, but when you apply for a PR card renewal you will be asked about your absences from Canada for the last 5 years. This is where CIC will tell if you meet your PR obligations or not (as well as customs and CBSA interviews at the Port of Entry when you travel abroad). Theoretically, since you have been granted a new PR card (which in turn means CIC has determined you have met your PR obligation without any reports from CBSA), then yes you can stay another minimum 2 years.
The key here is the period of the last five years. Even with a new PR card and you show up at the border and it is suspected you have less than 2 years in the 5 year period, CBSA will open an investigation on your residency.
3) You can have your PR card renewed as many times as you can in your lifetime in 5 year intervals , as long as you maintain your Permanent Residence in Canada.
Edited by Beaver - 21 Apr 2010 at 10:36am |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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ditto Beaver
Appendix A "Residency Obligation" in the guide for applying to renew a PR card states the residency obligation very clearly: http://www.cic.gc.ca/english/pdf/kits/guides/5445E.PDF It states the minimum requirements to meet the residency obligation:
Beaver also points to an important consideration: CBSA can inquire about meeting the residency requirement any time a PR seeks entry into Canada (and if one is abroad and must apply for a travel document to travel to Canada, CIC will almost definitely make a close inquiry into whether the obligation has been met). The burden is on the PR to prove time in Canada. It appears that long absences or frequent absences are more likely to trigger a so-called "residency case." How long? How frequent? I doubt there are precise threshold figures. It is probably a case by case, subjective impressions, other indicators sliding scale . . . the longer abroad, the more likely one will face such an inquiry . . . the more frequent abroad, the more likely . . . and so on. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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bayedsworld
New Member Joined: 21 Apr 2010 Status: Offline Points: 5 |
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Thanks Beaver and Dpenabill!! Really appreciate your replies.
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HiCan
New Member Joined: 23 Apr 2010 Status: Offline Points: 10 |
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Hi Guys,
Can some one share with me the following info: I would be appplying exactly after the completion of my 5 yrs of my 1st landing for PR card renewal, where as I would have lived only 730 days in total in past 5 yrs. just before the expiry:
1. Once we apply for the PR card renewal, how long does it take to get the new renewed PR card?
2. Can I travel out of the country while my new PR card is being renewed and return once I have my new card??
I would appreciate your comments.
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bayedsworld
New Member Joined: 21 Apr 2010 Status: Offline Points: 5 |
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Hi there,
I would recommend not going out of the country,while your PR card gets renewed. It will definitely cause re-entry issues. Renew, per the info I have takes approx.. 3 mts
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vlad1434
New Member Joined: 21 Apr 2010 Status: Offline Points: 7 |
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HiCan, regarding first question, not sure how long it takes to get a PR card mailed to you.
Regarding second question. As Beaver and dpenabill pointed out to me in previous question, you can leave Canada as long as when you arrive back, you can prove (if questioned) that you have lived 730 days between (arrival date) and (arrival date - 1095 days). If you satisfy this condition, yes you can return using your new card. correct me if I am wrong. |
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Beaver
Senior Member Joined: 05 Feb 2010 Status: Offline Points: 406 |
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HiCan:
You will have a very big problem if you travel out of Canada while your PR Card is under renewal process. There are times when you will be notified by CIC that the pictures you submitted is non-conforming to their standard, and more importantly you are required to pick up your new PR card in person - you will be subjected to a short interview before they would release the PR card to you. It's unlike the first PR card after you landed where it was sent to you through post.
As you mentioned, you are barely right over the minimum for your residency obligations - CIC might ask a few more questions (or proof) that you have really stayed 730 days during the last 5 years. Just so you know. If you have seen the PR card renewal form, there are quite a few questions about your past activities during the last five years.
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nadhwaryu
New Member Joined: 28 Mar 2010 Location: India Status: Offline Points: 3 |
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Hi! guys
My name is Nitin, In this forum I have kept my query regarding my PR status and to get entry in Canada.
I am satisfied with the reply received by the forum and act accordingly to got my entry in Canada.
I had been questioned twice at POE and thenafter they allowed me to enter. As my family is residing in Canada since June 2009.
My another query is
As I donot meet with the residency obligations of 730 days requirement for maintaing PR Status in last 5 years.
My total tenure is of 9 & 1/2 months of total stay during my two visits in the year 2005 & 2008.
My PR card is going to expieres by End of May 2010. Should I apply for renewal right now? , will they consider it ? It will take how much time to get renewed? Can I stay longer evenafter May 2010?
If they donot issue me a new PR then what I have to do? Can I leave this country without renewed PR card?
Presently I am staying with my family.
Pl. guide me in this regard so I can take my decision accordingly.
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Beaver
Senior Member Joined: 05 Feb 2010 Status: Offline Points: 406 |
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hi Nitin:
Are you in India right now? There is a bit of conflict under your present location and your statement that you are presently staying with your family, and that they have be residing since 2009.
If you will return to Canada, you will be questioned again by Immigration - and as you mentioned you have had only 9.5 months total of physical presence in Canada out of the last 5 years. You will have some trouble saving your PR status.
If you are presently in Canada, and if you want to preserve your PR status, I suggest you don't renew your PR card until you accumulate the required minimum. The application for PR card renewal contains many questions about your activities, absences, and addresses in the last 5 years.
It is important to note the difference of the PR card and PR status. Your PR status does not expire as long as you meet your PR obligations. Only the PR card expires after five years and its only use is to prove you are a permanent resident of Canada when you return from abroad. Do not invite any trouble by renewing the card if you haven't met your PR obligations. You can leave the country with an expired PR card, but you will experience re-entry problems with it.
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