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Residency Obligation
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off2canada View Drop Down
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Joined: 25 May 2010
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Points: 15 		Post Options Post Options   Thanks (0) Thanks(0)   Quote off2canada Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2010 at 8:22pm
Thanks every one for the reply,am pretty much convinced about the 730 days requirement and pR card renewal but at this point I am particularly concerned about the chances of being denied entry at POE ( I would be enetring Canada by road from USA) as I will be leaving my job and winding up everthing in my home country.If I am denied entry it will be a disaster for me.
Harmonia I would appreciate if you can check about this with the lawyer you are meeting today and revert.
Would be greatful for replies from other members about this specific topic of being denied entry as this will help me take a call whether I come back to Canada or not
Cheers 
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dpenabill View Drop Down
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Joined: 29 Nov 2009
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2010 at 6:47pm
Ditto, ditto.

Technically you could face a report and removal order process upon approaching the POE if, based on your to-date presence in Canada plus the days remaining until the fifth anniversary of your landing, you cannot possibly meet the residency requirement by that anniversary date. Most reports suggest that unless something else triggers a more intensive level of scrutiny at the POE, with that much time left on your PR card the odds of such an interview, report, and removal order are very unlikely -- again, not likely. So you should be OK.

Especially ditto the don't worry about being in Canada with an expired PR card part. You are still a PR, still in status.

And especially ditto the wait until you calculate 730 days presence in the immediately preceding five years of the date you apply before applying for the PR card renewal, remembering, as Harmonia as pointed out, that as you past the fifth anniversary of landing, those days you were in Canada following landing will no longer count.

Your app to renew the PR card could be subject to a bit higher scrutiny anyway. Yes, by that time you probably would have a good chance of H&C grounds overcoming being short a week . . . but it is not worth chancing it. If you wait, you meet the residency requirement, there is no discretion to reject you. Be sure to document your time in Canada.

Yeah, you cut it pretty close.
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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blackpearl View Drop Down
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Points: 54 		Post Options Post Options   Thanks (0) Thanks(0)   Quote blackpearl Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2010 at 3:16pm
You should wait until you have 730 days before applying for PR card.
Do not worry about PR card expiring while you are still in Canada. You are still legal.
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Harmonia View Drop Down
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Points: 609 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2010 at 3:00pm
I advise applying for PR card renewal only AFTER you have met the 730 day residency obligation.
 
They only look at the past 5 years - so if you wait a before re-applying for the new card you should have no problems.   Remember that you should stay in Canada when your exisitng card expires, and remain in Canada until you receive the new card.
 
Also - do your math correctly - make damn sure you've got 730 days in the past 5 years - it's a moving 5-year window - so be careful with this.  Thinking that because you're only a week short, you only need to wait a week to re-apply could get you in trouble -- because if you are counting on using any time in Canada to count twoards the 730 day requirement, they have to be in the 5 years immediately preceding your application.
 
Will confirm with you tomorrow afternoon.  I have an appt. with an immigration lawyer and I'll ask the question about how one 'falls out of status'.  I don't think you'd be 'out of status' exactly, you'd just be 'in status with an expired PR card'.  That is all.  I'm sure you have nothing to worry about - unless you plan to travel.
 
Remember - time spent out of Canada does not contribute to the 730 days unless you meet specific requirements (working for a CDN company, etc etc...).  Look these up on the CIC site if you have questions.
 
Good luck.
Citizenship App Sent: December 2012
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off2canada View Drop Down
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Points: 15 		Post Options Post Options   Thanks (0) Thanks(0)   Quote off2canada Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2010 at 1:19pm
I made my landing in Canada on 20th May 2007 as a a PR and was in Canada till 2nd July 2007 for a period of 43 days.After that I have never entered Canada again.

My PR card was issued on 7th June 2007 and is valid till 6th June 2012.

Now based on whatever little information I could gather from various websites/discussion forums,I believe that I have to be physically present for 730 days in Canada from the date of my landing and next five years (betn 20 May 2007 to 19 May 2012).

Now I intend to enter Canada again in first week of July 2010 and stay there for good(Release from my present job and other commitments in my home country will not allow me to enter before this date)with a valid PR card,my PR card will be due for renewal on 7th June 2012 but by that time I would still be short by a week or so for completing 730 days requirement.

Now my query is, will my PR card be renewed even if I don't meet the residency obligation of 730 days in and such a situation can I file a case for the waiver of this shortfall under humanitarian grounds and what are the chances that my PR card will be renewed.

Won't I be considered as staying illegally if I don't renew my card on 7th June 2012.

What all other legal implications can be there like if I enter Canada after a 3 year break will they let me enter canada or can I be denied entry or any other issues which can arise

Would appreciate a quick reply

Cheers
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