Hello experts,

I am back with more questions
Here is the backgorund:

I came to Canada on 5th August 1987 on PR status and lived in Toronto (ON)
for about 11 months.At that time things did not work out for me as expected and returned back to India in June 1988 to take care of my ailing mother for more than an year.
Back in those days a PR will lose status if he/she is out of Canada for more than 6 months and thus I lost my PR status.All my subsequent efforts to renew it proved futile.I had to apply for a new PR in 2002 starting from the scractch.
Again,
*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. (9days)
*Expiry date on my PR card is Oct 2013 (Issued in Oct 2008)
* Incorporated a company and started working from 18th June 2008 in Vancouver.
* Filed CRA tax returns (NIL) for 2006 and 2007
* Filed 2008 personal & business tax returns.
*My consulting job ended last week.Currently unemployed since 2 weeks.

Here is the situation:

I am leaving for India on 23rd of July to attend my sister's wedding and returning back on 5th of August 2009.

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 12 days 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?
Will I be stopped from entering in to the country?

What options do I have to retain my PR status?

Can I add my 11 months of stay in Canada (08/05/1987 to 06/14/08) to my current 2 year status calculation.
I still have the Old Record of landing document showing the date of entry.Unfortunately I do not have the SIN card nor I remember the number.I still remember that I have filed my tax returns for the year 1987.

Please advise.

Thanks in advance.
MS.

Your status or presence in the 80's, your SIN card number, your incorporated business and the tax returns are not relevant at all. What matters is whether you have fulfilled the physical presence requirements. If not, then you lose your status, unless you are able to prove to the officer that the circumstances forced you to stay away from Canada. In your case - since you have already lost the status in the past - it is unlikely.

Therefore, count the days (in last 3 years) that you were presence in Canada and see if you satisfy. With 11 days, I do not think you have any chance of retaining the PR status.

According to my calculation I have 14 days.

* Entered in to Canada on 25th June 2005
* Left Canada on 29th June 2005
If I take 25th and 29th both days in to account it will be 5 days.

Again re-entered on 17th June 2008.
if 17th is counted I get 9 days. (17th to 25th)

*******
Now I am leaving on 23rd July and be back on 5th.(12 days)
*******
What are my chances???

My main worry is will I be stopped at the port of entry from entering in to the country?

Sorry this is confusing, if you have a PR card which expires in 2013 and you are in Canada from 2008, why you'll be stopped at the port. I think the first entry when you came on 17th June 2008 (mattered) and when they allowed you to come in at that time, it should be no issues travelling in and out from Canada now. But please double check with authorities or someone who knows better.

Jona

When my PR card was issued the officer told me not to go out of the country as I barely made it for the stipulated physical presence of 730 days and I believe when the PR card is swiped at the port of entry the notes on my file will show every thing about my status of my physical presence in the country.
MS.

Quote:

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Originally posted by maplestar

When my PR card was issued the officer told me not to go out of the country as I barely made it for the stipulated physical presence of 730 days and I believe when the PR card is swiped at the port of entry the notes on my file will show every thing about my status of my physical presence in the country.
MS.

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If you became PR in 2005, wonder why you were not issued the PR card then. In that case the PR card would have been valid for 5 years i.e. 2010.
Anyway looking at your dates it seems to be a close call for you because between 2005 and 2010 you need 2 years physical presence in Canada to maintain PR status.
Your best bet is talk to a professional expert.
All the best.