Information Required on PR Renewal

[LLSRINI]

Dear All,

Hope you are doing well.

I am Srini who has got Canadian PR in November 2015 however due to personal reasons i had to leave Canada after completing the landing PR formalities.

My concerns are as below and i would really appreciate for the swift response.

1. Although i stayed for 3 days during the landing formalities and the PR Expiry date is November 13th 2020, I am planning to visit by November 15th/16th 2018 so that i meet 730 days for the next renewal - that is in 2020. Is this possible?

2. My spouse has got her PR and it gets expired on November 13th 2020. However we were blessed with baby last year so is there any medical ground/humanitarian facts which helps in getting her PR renewal? She might visit me by March 2019.

3. My son has not got any PR or Visa. When i enquired in local agencies they suggested me to apply when i am in Canada as the government will look for the sponsorer to be present in Canada itself. is it True? If so any pointers to get in touch with for my son dependant visa or PR.

4. Not really sure if it’s the right forum to check on Job opportunities.

Currently i am based in India, Bangalore.

Would be expecting information from any of you.

Thank you very much for your response in advance.

Regards,
Srini

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and questions with us.

Regarding your first and second question,

1. Although i stayed for 3 days during the landing formalities and the PR Expiry date is November 13th 2020, I am planning to visit by November 15th/16th 2018 so that i meet 730 days for the next renewal - that is in 2020. Is this possible?

2. My spouse has got her PR and it gets expired on November 13th 2020. However we were blessed with baby last year so is there any medical ground/humanitarian facts which helps in getting her PR renewal? She might visit me by March 2019.

In terms of the process when re-entering Canada and whether or not someone is still considered a Canadian Permanent Resident, each time a permanent resident enters Canada, Immigration, Refugees and Citizenship Canada may calculate 5 years back from the date they have entered or re-entered Canada to see if they have fulfilled their residency obligation.

You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:

• permanent resident status is established;
• the permanent resident refuses to provide any further information and enters Canada;
  and
• the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

and

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

According to the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

Additionally, we have previously received some information from one of our legal researchers related to entering Canada and being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if a permanent resident cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when they became a permanent resident, they should remain in Canada until they can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

The officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination).

Regarding your third question,

3. My son has not got any PR or Visa. When i enquired in local agencies they suggested me to apply when i am in Canada as the government will look for the sponsorer to be present in Canada itself. is it True? If so any pointers to get in touch with for my son dependant visa or PR.

As permanent residents, one of you must be in Canada in order to sponsor your son.

You can find some detailed information in our Settlement.Org How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? article.

Regarding your fourth question,

4. Not really sure if it’s the right forum to check on Job opportunities.

You may be able to find some helpful information in our Settlement.Org Employment section.

You may also find some helpful information in our Settlement.Org Why should I get help to find work? article.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org