PR obligation of 730 days not met


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Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 16-06-09 19:51:20

Does that mean that a person breaches his PR status and can continue towards his citizenship ? What would be his/her status in the interim - illegal immigrant ?

Even when one files for PR renewal , qs asked generally relate to past 5 yrs irrespective of whether the person ceased to be a PR in the interim ....

Can the immigration officer bar you from entering even if you can't complete the PR validity ? Doesn't the PR card validity authorize you to enter Canada ? Apparently not it seems .

As others have suggested , its best to stay in Canada for the required period to either become a citizen or at least maintain PR eligibility ..


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Fido.


cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 16-06-09 20:55:02

Quote:
Originally posted by Fido

Does that mean that a person breaches his PR status and can continue towards his citizenship ? What would be his/her status in the interim - illegal immigrant ?



-- No. The person may be allowed to enter by the immigration officer - in which case his/her status is legal - but the same decision can be overturned by other officer, if he has doubts about the circumstances, in case if that person reapplies to enter Canada or to renew PR card.

Quote:

Even when one files for PR renewal , qs asked generally relate to past 5 yrs irrespective of whether the person ceased to be a PR in the interim ....

Can the immigration officer bar you from entering even if you can't complete the PR validity ?



-- Yes, that's why people advised against applying for the renewal of the PR card.

Quote:

Doesn't the PR card validity authorize you to enter Canada ? Apparently not it seems .



-- Yes, it does - in fact, it allows you to board the commercial carrier destined for Canada.



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 16-06-09 22:01:30

I agree Cdn_Dude but my q is very simple - PR obligation is 2 out of every 5 years ----- which means a person ceases to be a PR if he/she does not fulfil that obligation ............

Say a person landed in 2001 and then returned . He returns finally in 2005 . Backwards from 2006 the person has not fulfilled his PR status ....... So whats his status in 2007 ? He s not a PR as he has not fulfilled his obligation .

If he is not a PR then what is his status ?

Ideally the law should check at each point including citizenship and PR renewal whether the person has maintained the PR status throughout ......

Akin to the non stamping of passports on departure , this also appears to be a loop hole in Canadian Immigration system .


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Fido.


Naturemom   
Member since: Jun 09
Posts: 39
Location: Toronto

Post ID: #PID Posted on: 17-06-09 00:15:43



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 17-06-09 00:23:46

Quote:
Originally posted by Fido
Say a person landed in 2001 and then returned . He returns finally in 2005 . Backwards from 2006 the person has not fulfilled his PR status ....... So whats his status in 2007 ? He s not a PR as he has not fulfilled his obligation .



-- Well, you are correct, but you are missing one point. The status is determined by the immigration officer. The officer has an authority to grant the PR status if the officer is convinced that the circumstances are tough for the applicant. In that case he is a PR even if the physical presence is not satisfied.

Quote:

If he is not a PR then what is his status ?



-- If it is determined that he is not a PR then he loses his status.

Quote:

Ideally the law should check at each point including citizenship and PR renewal whether the person has maintained the PR status throughout ......



-- This will be the future rule once and if they find out that the rules are being bent/broken/abused.

Quote:

Akin to the non stamping of passports on departure , this also appears to be a loop hole in Canadian Immigration system .



-- I agree.



Shivani33   
Member since: Jun 09
Posts: 3
Location:

Post ID: #PID Posted on: 17-06-09 09:13:58

Thank you so much everyone for replying my PR Renewal related questions. I may prefer to wait till I complete 730 days in Canada.

However I need some more clarification. My mother-in-law, who is a great support for me is with me on 6 months visitor visa. Her visa will expire in Oct-09. How much difficult it will be for me to sponsor her visitor visa for another 6 months as during that time my PR card will expire.

I also want to know that with my son and me having expired PR card, what problems will occur when I apply for child tax benefit, tax free deposit in bank and depositing money on his name where (goverment of Canada put equal amount) and getting school admission etc. Recently he was recommended by his school principal for admission in one of the Gifted school because of his exceptional academic performance in TDSB school grade 8 and at that time we were asked to submit a copy of his PR card.

Thanks for great help guys.

Shivani



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 17-06-09 09:38:03

Quote:
Originally posted by Shivani33
I also want to know that with my son and me having expired PR card, what problems will occur when I apply for child tax benefit, tax free deposit in bank and depositing money on his name where (goverment of Canada put equal amount) and getting school admission etc.

As said above, your PR card validity has absolutely no bearing on any of these things.
PR Card is like a visa - its one and only purpose is to seek entry into Canada.
(well, it can also be used as a photo ID, but that's beside the point).
Once you are /in/ Canada and don't plan to travel abroad for a while, forget about the PR card.
You are a bona fide PR resident right now, as determined by the immigration officer at the port of entry.
You are free to do any job, have any type of income, pay or not pay taxes, register in any school, etc.
As long as you and your son have SIN, you can sign up for direct deposit with CRA.
I don't think you need to provide your PR card copy to CRA at any point at all.
Quote:
However I need some more clarification. My mother-in-law, who is a great support for me is with me on 6 months visitor visa. Her visa will expire in Oct-09. How much difficult it will be for me to sponsor her visitor visa for another 6 months as during that time my PR card will expire.
You will need to apply for renewing the visa.
Shouldn't be too much trouble.
Send a copy of your PR card, expired or not.

Hope this helps


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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


Contributors: Shivani33(3) cdn_dude(3) pratickm(2) Fido(2) Naturemom(1) Iknownothing(1) Kalpna(1) hchheda(1) desi-friend(1)



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