Posted on: 09-09-12 13:45:24
Need to have a clarification regarding 730 days required in 5 years for PR renewal eligibility. Is this 730 days before the PR expiry date (Sept 29) or 730 days before date of entry (Aug 8).
Thanks
kpv
it is 730 days in 5 years before the expiry date, for example a person entered Canada on 27 MAR 2012 and then got PR Card up to MAR 2017, in these 5 years, he has to stay in Canada a total of 730 days either continuously or on and off to renew the PR card.
The Expiry date on PR card minus 5 Years is the window period for counting 730d. (not Date of landing plus 5 years ) . Remember that CIC also use the word 'PAST 5 years'. Thus date of expiry is referred.
Sometimes a student or person on work permit will land much earlier than getting PR card. Thus it will be confusion to keep date of landing as threshold date.
Date of entry or date of landing for an immigrant will in any case lose significance during second renewal of PR card.
no
Just to share info
http://canadianimmigrant.ca/immigrate/pr-card-myths-2
The permanent resident card is an ingenious little piece of plastic. It serves as primary identification for many permanent residents of Canada, it facilitates travel into Canada and it expires, typically every five years.
The benefits of having identification and easy travel into Canada speak for themselves, but the complications stemming from the expiration of PR cards is usually only appreciated after one suffers through anything but routine renewal application. (Incidentally, primary identification is a practical, but not a legal, benefit of the PR card in many applications, but that is a topic for another day.)
Myth number 1
Before I get into renewal issues, the first myth that I would like to debunk is that every permanent resident of Canada must hold a valid permanent resident card. This is simply not the case. Much like when a citizen’s passport expires his or her citizenship does not expire, when a permanent resident card expires, a person does not lose permanent resident status. The card is a symbol of status only; it is not status in and of itself.
Second falsehood
The second myth that I would like to correct is the notion that every permanent resident of Canada must always present a PR card to Canada Border Services Agency (CBSA) officers upon entry into Canada. Again, this is simply not the case. The PR card is only required when using a commercial carrier to travel to Canada, for example, airlines and buses. If, for example, a permanent resident travels to Canada by private car, there is no obligation whatsoever on the permanent resident to have a valid PR card.
That said, permanent residents without a valid PR card must produce other evidence of their status so as to satisfy CBSA that they are, in fact, permanent residents; an original confirmation of permanent residence (or landing document) will and should do the trick. Permanent residents have a right to enter Canada, and CBSA officers know it.
It is, of course, infinitely more practical to carry and maintain a PR card, but if one’s renewal process is dragging out (as they often do), one does not need to feel stuck in Canada.
Waiting for renewal
PR card renewal applications can and are often delayed if a person is relying on anything other than physical presence in Canada to satisfy the residency obligation. For example, if one is relying on employment outside of Canada to satisfy the residency obligation, application processing may take longer than other more routine applications. As of the date this article was written, applications for PR card renewals are taking approximately 88 days to process.
Compared to Canadian passports (processed in two to four weeks), which are designed to serve a similar purpose to that of a PR card, i.e., travel, permanent residents are disproportionately under-resourced as compared to Canadian citizens when it comes to international mobility, but, again, that is a topic for yet another day.
Ryan Rosenberg is an immigration lawyer and partner with Larlee Rosenberg in Vancouver. Contact him at 604-681-9887 or ryan.rosenberg@larlee.com or visit his blog at immigrantlaw.ca.
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DSD
Quote:
Originally posted by zindabad
Our PR card expires in march-2015 . We started living in canada from june-2012 onwards . Recently we were blessed by baby girl , so now we have child having canadian passport . My question is , now if we move out from canada with our canadian born baby - is there any exemption in this case for PR renewal ?
Hi yelloknife ..................
For above querry I read as below . Please advice in case child is canadian citizen and parents are PR - Can they qualify to PR renewal even if they do not reside 730 days in canada ? ( i.e. they reside aborad with their canadian child )
http://www.visaplace.com/blog-immigration-law/canada-visa-news/i-want-to-renew-my-permanent-resident-card-but-i-was-away-from-canada-for-many-days-what-are-the-requirements/
Renewing your Canadian Permanent Resident Card or Canadian PR Card
Q. My Canadian Permanent Resident Card is expiring. How can I renew it if I do not have the required residency in Canada?
A. As a Canadian Permanent Resident you will be issued Permanent Residence Card or PR Card. PR Cards are valid for 5 years from the date of issue. You must meet the “residency requirements” in order to be able to renew your card and maintain your Permanent Resident status.
How to renew your Canadian Permanent Resident Card
The general requirement for maintaining permanent residence in Canada is that the resident must be physically present in Canada for at least two years (730 days) in the previous five years.
For example, if your Canadian Permanent Resident Card was issued in January 2004 and it valid until January 2009, then to keep your status in Canada, you must reside in Canada for at least 730 days from January 2009 and January 2009. Conversly therefore, you can be outside of Canada for any three years within that five year time frame.
Exceptions when renewing your Canadian Permanent Resident Card
There are certain exceptions to the residency requirement mentioned above for those travelling with a Canadian family or business in certain cases. The exceptions are:
•If the Canadian permanent resident resides abroad with a Canadian citizen spouse, partner or parent, this time abroad will count toward their Canadian residency.
•if the Canadian permanent resident was employed abroad by a Canadian business, or in the public service of Canada, or of a Canadian province, then this will also count toward their residency.
•if the Canadian resident has been residing abroad with a permanent resident spouse, partner or parent employed by a Canadian business or in public service of Canada or a Canadian province, than the permanent resident can also calculate this period as part of their residence.
So depending on how many days you have resided in Canada and whether you qualify under one of the exemptions mentioned above, you can renew your Canadian Permanent Resident Card. And if none of the above applies, then there is always the possibility of making a case for renewal of your Canadian Permanent Resident Card on Humanitarian and Compassionate grounds.
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DSD
As per the specail exceptions you posted, the answer seems clearly no.
