Validity of my PR status


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maplestar   
Member since: Apr 05
Posts: 51
Location: Vancouver BC

Post ID: #PID Posted on: 19-09-08 18:26:40

Hello Friends,

Here is the backgorund:

*Became PR on 25th June 2005 by raod.
*Returned to US on 29th June 2005 by road. (4days)
*Back to Canada/Vancouver on 17th June 2008 by road. (7days)
*Applied for PR card and still waiting as I could not get it when I became PR first time due to signature verification.
* Incorporated a company and started working from 18th June 2008 in Vancouver.
* Filed CRA tax returns (NIL) for 2006 and 2007
*Plans to settle down in Vancouver for 3 years to become a citizen.

Here is the situation:

Some time in November 2008 ,I got to/must leave for India atleast for 2 months (60 days) to take care of some family and property issues as this was not expected though.

What law says:

Physical presence of 2 out of 5 years is required in order to retain PR
status.

Here is the question:

When I return to Canada after 2 months will there be any issues at the port of entry as I have only 11 days in 3 years.Do I lose my PR status?

What options do I have to retain my PR status?

Please advise.

Thanks in advance.
MS.



ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 20-09-08 21:49:34



You got it right. You need to fill in at the least 730 days. That leaves you with ten good days for your vacation. So, prepare a Power of Attorney, with proper course of action to follow and if you cannot stay long enough to put your John Henry on the deed of sale, then let the one with POA do it for you. If you can, please take your ten days at the right time to do the honours. That way you know what you have to do with the cash received and do it to suit your needs.

You are the only one to decide what it is that you want to do. You know the dates, you know your rules, you know your math.

Make your trip short and sweet.

Freddie.



dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 22-09-08 08:54:06

This question has been answered many times.. Use Search feature..

Quote:
Originally posted by maplestar

Hello Friends,

Here is the backgorund:

*Became PR on 25th June 2005 by raod.
*Returned to US on 29th June 2005 by road. (4days)
*Back to Canada/Vancouver on 17th June 2008 by road. (7days)
*Applied for PR card and still waiting as I could not get it when I became PR first time due to signature verification.
* Incorporated a company and started working from 18th June 2008 in Vancouver.
* Filed CRA tax returns (NIL) for 2006 and 2007
*Plans to settle down in Vancouver for 3 years to become a citizen.

Here is the situation:

Some time in November 2008 ,I got to/must leave for India atleast for 2 months (60 days) to take care of some family and property issues as this was not expected though.

What law says:

Physical presence of 2 out of 5 years is required in order to retain PR
status.

Here is the question:

When I return to Canada after 2 months will there be any issues at the port of entry as I have only 11 days in 3 years.Do I lose my PR status?

What options do I have to retain my PR status?

Please advise.

Thanks in advance.
MS.





maplestar   
Member since: Apr 05
Posts: 51
Location: Vancouver BC

Post ID: #PID Posted on: 22-09-08 20:24:23

I guess in democracy policies,laws and rules can be changed any time and it is politically motivated.
There should be some exception to the rule.Some way out.It is like restricting you for 730 days not to go out of the country on any urgencies.How can that be?
Seriously I need some help.Would it be better to consult an immigration attorney?
Can some one on this forum point me in the right direction.
Thanks in advance.
MS.



hchheda   
Member since: Aug 05
Posts: 2245
Location: Woodbridge

Post ID: #PID Posted on: 22-09-08 21:41:36

Quote:
Originally posted by maplestar

I guess in democracy policies,laws and rules can be changed any time and it is politically motivated.
There should be some exception to the rule.Some way out.It is like restricting you for 730 days not to go out of the country on any urgencies.How can that be?
Seriously I need some help.Would it be better to consult an immigration attorney?
Can some one on this forum point me in the right direction.
Thanks in advance.
MS.



The clause is 730 days within 5 years which does offer a lot of flexibility. Ofcourse in your case, it has become too tight. You can try an attorney, but you know where the weak link is. The application can only be a plea to extend or relax the condition, it cannot be claimed as your right.

Wish you good luck.



maplestar   
Member since: Apr 05
Posts: 51
Location: Vancouver BC

Post ID: #PID Posted on: 23-09-08 18:24:56

Thanks hchheda,that keeps my hopes alive.

Whom should I address my plea or request?Is there any authority under immigration law where I can submit my requests.Any idea?





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