Can I maintain PR Staus ?

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Dear All,

I am a PR and presently outside Canada. I had only stayed 10 days in Canada when I entered Canada first time and then left to my home country. My cut-off date to renter Canada is 15th Sept 2010 ( the expiry on my PR card is end Oct  2012). Hence,  in order to maintain maintain my residency requirements I need to stay in Canada upto expiry of my first PR card.

However, due to personal and family issues I cannot re-enter Canada by Sept 15th of this year. I am planning to enter some time in Feb 2011 next year. I know this means that I will “eat in” into my residency requirements/period. My question is that if I re-enter and stay continuously in Canada from Feb 2011 onwards, would I face any problem during the renewal of my PR stay ? does this also impacts my Citizenship application ? 

Your valuable suggestion will be highly appreciated.

Kind Regards,

SUR

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KSAPR Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 25 Apr 2010 Location: KSA Status: Offline Points: 16	Post Options Post Reply Quote KSAPR Report Post Thanks(0) Quote Reply Topic: Can I maintain PR Staus ? Posted: 19 Jun 2010 at 8:58am
	Dear All, I am a PR and presently outside Canada. I had only stayed 10 days in Canada when I entered Canada first time and then left to my home country. My cut-off date to renter Canada is 15th Sept 2010 ( the expiry on my PR card is end Oct 2012). Hence, in order to maintain maintain my residency requirements I need to stay in Canada upto expiry of my first PR card. However, due to personal and family issues I cannot re-enter Canada by Sept 15th of this year. I am planning to enter some time in Feb 2011 next year. I know this means that I will “eat in” into my residency requirements/period. My question is that if I re-enter and stay continuously in Canada from Feb 2011 onwards, would I face any problem during the renewal of my PR stay ? does this also impacts my Citizenship application ? Your valuable suggestion will be highly appreciated. Kind Regards, SUR

canvis2006 Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574	Post Options Post Reply Quote canvis2006 Report Post Thanks(0) Quote Reply Posted: 19 Jun 2010 at 9:07am
	For PR status: http://www.cic.gc.ca/english/newcomers/about-pr.asp#keep_status For citizenship, check: http://www.cic.gc.ca/english/citizenship/index.asp CIC website has ALL the information.

Beaver Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 05 Feb 2010 Status: Offline Points: 406	Post Options Post Reply Quote Beaver Report Post Thanks(0) Quote Reply Posted: 19 Jun 2010 at 11:24am
	Canvis2006 is correct. The website has all the information. Your immediate problem is at a Canadian Port of Entry. When the CBSA officers determine that you have not fulfilled your residency obligation and cannot meet it even with the number of days left on the 5 year mark, they will submit your case for residency review, and subsequently file for a departure order on you, which you can still appeal. However, you will still be allowed to enter for a set amount of weeks and it will be an uphill battle. If you get through this for some reason and when you apply for PR card renewal, you will need to demonstrate that you have met your residency obligation on the application form and with CIC. Do not do this if you have less than 730 days in the last 5 years. Say you have won against the departure/removal order, in five years when you apply for citizenship, you have no choice but to declare this in the citizenship application. I do not know the severity of this, but it will do have an impact on your application. This early, do not worry about citizenship yet, worry about your residency. Edited by Beaver - 19 Jun 2010 at 11:24am

KSAPR Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 25 Apr 2010 Location: KSA Status: Offline Points: 16	Post Options Post Reply Quote KSAPR Report Post Thanks(0) Quote Reply Posted: 24 Jun 2010 at 3:48am
	Hi, Appreciate everyone who have replied on my query. Thanks for sincere advice. Kind Regards, SUR

sameboat Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 10 Nov 2011 Status: Offline Points: 1	Post Options Post Reply Quote sameboat Report Post Thanks(0) Quote Reply Posted: 10 Nov 2011 at 4:27am
	Hi, I am in the same situation as you. What did you do finally ? Would like to learn from your experience Thanks

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 03 Apr 2012 at 7:48pm
	Just reporting on a recent PR application-for-TD case that may be of interest. The case involves (probably soon-to-be-former) PR Subir Mukerjee The Federal Court decision is linked here. Mukerjee lost this decision. But it was an appeal by the Minister, since the IAD had allowed the appeal. The IAD decision is linked here. What is interesting to me: The IAD appeal addresses the days present argument. That is not part of the appeal by the Minister to the Federal Court. What is interesting about this is the PR's claim regarding a period of time the PR said he was residing in Canada. The TD itself had been denied, and the IAD also decided that the stamp in the passport was more credible, so found that the PR was not in Canada that period of time and thus was in breach of the residency obligation legally. Still, this issue turning on credibility is interesting. The IAD nonetheless ruled that the PR should keep PR status and be allowed to return to Canada based on H & C grounds. The Minister appealed and Justice Zinn agreed with the Minister. It is not so much the H&C argument and how that played out that is interesting. It is more the role of the Minister in appealing this case. Obviously, the Minister is pushing hard on the PR residency obligation. One does not see the IAD overrule the rejection of a PR TD very often. They are not that generous usually. So, when the IAD does rule in favour of a PR on H & C grounds and the Minister appeals, that's a clue about what is happening in the backrooms and what the trend is and what the intention is. At least to me it is a clue.
	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