Maintaining PR Status in Canada


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meitsme   
Member since: Feb 06
Posts: 476
Location:

Post ID: #PID Posted on: 24-10-12 09:06:20

Hi guys,

Here is the link which talks about residency obligations for PR card and renewal process.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card.

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.

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I have few questions for this.

Let's assume the person X landed in Canada in Jan 2012.
What will be PR card expiry date? ( 5 years from landed date OR 5 years from PR application date)

In this case, let's assume PR expiry date is in Jan 2017. (Landing date Jan 2012)

He returns to home country in Jan 2013 (after one year). Coming back in Jan 2016 (after 3 years). So, he will have 730 days stay in Canada from Jan 2012 to Jan 2017.

Do you think he can apply for PR renewal around Jun 2016? (before 6 month of expiry date while he has not completed 730 days in first 5 years)

Let's assume after renewing PR card person is going back to home country in Jan 2017 and planning for coming back in Jan 2020.

Do you think he can enter into canada in Jan 2020 without any problem? (He has valid PR card but he didn't stay for 730 days in canada in past 5 years)

Thanks in advance.


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shaz   
Member since: Jan 10
Posts: 94
Location: Vancouver (Orig Mumbai)

Post ID: #PID Posted on: 24-10-12 15:46:19

1. Let's assume the person X landed in Canada in Jan 2012.
What will be PR card expiry date? ( 5 years from landed date OR 5 years from PR application date)

5 years from the Date of PR card issued date. Till June-2012 all Pr card had expiry dates
PR status is irrespective of Landing date and PR application date

2. He returns to home country in Jan 2013 (after one year). Coming back in Jan 2016 (after 3 years). So, he will have 730 days stay in Canada from Jan 2012 to Jan 2017.

He will have only 365 days in Canada on Jan 2017

3. Do you think he can apply for PR renewal around Jun 2016? (before 6 month of expiry date while he has not completed 730 days in first 5 years)

You need to undergo residency calculation (See https://eservicesak.cic.gc.ca/rescalc/startBasicCalc.do) and need to attach the printout of the calculation or do in the PR renewal or Citizenship application form.

If the calculator says you are not eligible then be ready to pack your bags to go back to home country

4. Let's assume after renewing PR card person is going back to home country in Jan 2017 and planning for coming back in Jan 2020.

Do you think he can enter into canada in Jan 2020 without any problem? (He has valid PR card but he didn't stay for 730 days in canada in past 5 years)

You can enter Canada as long as your PR card is not expired. (But doesn't mean that you qualify to renew or file for citizenship). However it is your responsibility to leave canada at or before expiry date (if the Pr renewal or citizenship application fails)





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kpv343   
Member since: May 07
Posts: 124
Location:

Post ID: #PID Posted on: 24-10-12 21:49:50

Hi Shaz,
In my case I had landed on 8 August 2009 and the PR expiry is 18 Sept 2014. So the 730 days residency requirement shall be up to Aug 8 or Sept 18 of 2014?



san-hugo   
Member since: Aug 10
Posts: 2009
Location:

Post ID: #PID Posted on: 06-11-12 00:21:39

Quote:
Originally posted by kpv343

Hi Shaz,
In my case I had landed on 8 August 2009 and the PR expiry is 18 Sept 2014. So the 730 days residency requirement shall be up to Aug 8 or Sept 18 of 2014?




Sept 18 2014 minus 5 years.
it got nothing to do with landing date (think second time renewal of PR!). It shows that your current PR got made on 19 Sept 2009 (around 6 weeks from landing). System calculated that date plus 5 years and placed the expiry date. Go by that !
bhai din kyon gin rahe ho ? aafat kyaa hai ??



ssppm   
Member since: Sep 10
Posts: 23
Location:

Post ID: #PID Posted on: 11-11-12 02:24:11

This is very interesting and informative.
Now I have a situation here which I seek your advise,

I and my wife have landed in Aug 2010 stayed there for 5 days and came back. Got the PR cards after a while at the local mailing address that we provided. The PR validy is till OCT 15.

I went back to Canada in July 11 stayed there for 3 days and came back due to family emergency. I am goiing back now to settle for good. Just me!

Now my Lad, who is 4 months now needs a visa to come along. Being in India I cannot apply for his sponsorship as per the CIC website and I can apply for it only once I enter Canada and start with a job.

My questions:
1. Is there any other way that I can apply for my son's visa being in India? If yes, please provide details
2. If no, then can I apply for his visa (Dependant PR) the moment I land in Canada have a valid PR for another 3 years or do I need to wait because for dependant cildren I guess there is no need of proof of funds or submission of the income tax papers of canadian employment?

Please share your valued advise with us so that I can take a step forward in this aspect!

Many thanks!

SSPPM





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