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PR Expiry and Renewal

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=2209
Printed Date: 28 Mar 2024 at 9:35am


Topic: PR Expiry and Renewal
Posted By: bayedsworld
Subject: PR Expiry and Renewal
Date 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.
 
 



Replies:
Posted By: Beaver
Date Posted: 21 Apr 2010 at 10:26am
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.
 
Smile


Posted By: dpenabill
Date Posted: 22 Apr 2010 at 4:16am
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:
Quote If you have been a permanent resident for five (5) years or more, you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
If you have been a permanent resident for less than five (5) years you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the five (5)-year mark.


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.



-------------
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


Posted By: bayedsworld
Date Posted: 22 Apr 2010 at 6:21am
Thanks Beaver and Dpenabill!! Really appreciate your replies.


Posted By: HiCan
Date Posted: 23 Apr 2010 at 3:01am
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.
 


Posted By: bayedsworld
Date Posted: 23 Apr 2010 at 6:50am
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


Posted By: vlad1434
Date Posted: 23 Apr 2010 at 10:37am
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.


Posted By: Beaver
Date Posted: 23 Apr 2010 at 12:43pm
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.
 
 


Posted By: nadhwaryu
Date Posted: 23 Apr 2010 at 2:16pm
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.
 
 


Posted By: Beaver
Date Posted: 23 Apr 2010 at 2:40pm
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.


Posted By: HiCan
Date Posted: 24 Apr 2010 at 8:44am
Thanx guys for yoour replies.
 
At present it takes about 3 months for receiving the renewed PR, is that correct??


Posted By: nadhwaryu
Date Posted: 25 Apr 2010 at 5:09pm
Hi!
My name is Nitin, In this forum I have kept my query regarding my PR status and to get entry in Canada.
 
Thnks for your suggession and reply received by the forum and act accordingly to got my entry in Canada. Presently I am at Canada with my Family. I came on 16th of April 2010 to Canada. 
I had been questioned twice at POE and thenafter they allowed me to enter.
 
Thank you once again for the suggessions. I told them to allow me to enter on H & C ground, I am not sure but I think as my family is over here they might have allowed me to enter in Canada.
 
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 PR card is going to expieres by 25th May 2010. Can I stay longer evenafter May 2010?
 
Can I leave this country without renewed PR card? 
I want to go back after 4 months.
At the time of leaving can I do request them as below in writing?
If I, surrender my PR card with requesting them that I had not fullfiled my residency obligations
but pl. consider my case +vely  and issue me a fresh PR If i apply from my home country again in future.
 
Or Can my spouse sponsor me?  She is over here since June 2009 and will continue her stay over here.
Can she sponsor me within a period of 1 year? 
 
Pl. guide me in this regard so I can take my decision accordingly.
 
Nitin


Posted By: dpenabill
Date Posted: 26 Apr 2010 at 12:34am
Your circumstances are a little too complex and entangled for anyone at a site like this to give you direct advice on how to proceed.

A big preliminary question is whether or not they issued a removal order for you. If so, and you do not meet the residency obligation, you can still appeal on H&C grounds. How well that will go I do not know. Not well, though, if you leave and your PR card is expired . . . you can leave without a valid PR card. It is getting back into Canada that is the problem. For that you would need a TD (Travel Document) and if you do not meet the residency obligation it would likely be denied . . . depending on the strength of the H&C grounds.

IMPORTANTLY: if they have NOT issued a removal order, you can stay in Canada, you can continue to stay in Canada even after the PR card expires, and the days you stay will count toward the 730 requirement. But, again, only if they did NOT issue a removal order.

Beyond that the contingencies and variable paths are too many to reasonably sort through in this sort of venue.

If you can afford it, see an immigration lawyer forthwith.

If they issued a removal order and you have not given notice of appeal, at least do that for now, give notice of the appeal and that will put things on hold and give you time to sort out your options and next steps. (This is assuming that if a removal order was issued, it was issued on the 16th of April . . . you have only thirty days, as I recall, to give notice of appeal.)

-------------
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


Posted By: HiCan
Date Posted: 08 May 2010 at 7:45am
I have a new question, would apppreciate your reply:
  • I did with my family our 1st landing few months back and lived for few days in Canada.
  • Now if I don't live in Canada and my kids and wife live in Canada and complete 730 days, are they eligible to apply for PR renewal and further if they complete 1095 days can they apply for citizenship (only my wife & kids), irrespective of me eligible for it? Where as I'm the principal applicant in this case?????

This is a very important point to clarify before I take a decision of moving my family to retain PR where as I may not move with them.



Posted By: blackpearl
Date Posted: 08 May 2010 at 10:01am
Once a PR landed, there is no notion of principal applicant or dependant.
Your wife and kids can continue staying in Canada without you, and apply for PR card renewal, and once eligible, apply for citizenship on their own.



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