Not Met Residency Requirements- Apply for PR Card?

[dran1g]

I became a canadian pr in 2009 but because of the recession i left and were not able to get my pr card.

but i was able to apply for sin card. can i still go back and apply for pr card even if it’s been years?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this information.

Unfortunately, it is difficult for us to provide definitive responses to specific situations.

You may be able to find some helpful information in our Settlement.Org What are the residency requirements for permanent residents (PRs)? article helpful,

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.

As you may already know, the onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.

We have previously received some information from one of our legal researchers related to which days or periods are considered for 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 move-able window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you 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.

Since 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 the time you spend outside, 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,

2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.

and

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.

Again, it is difficult for us to provide you with a definitive response regarding what will happen in your particular situation.

If you have concerns about meeting your residency requirements or believe that you may not have met them, it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.

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.

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

[bopardikarp]

We are a family of 4. My family received the Canadian PR in June 2007. We went to Toronto in June 2007 and attended to the PR formalities and later on for myself, Spouse and my Son we received the PR card but for my Daughter the PR authorities asked to re-appear due to some issue with the photograph taken.

We stayed in Toronto for 4 days in June of 2007 and we went back to India.

Due to family commitments we had to stay back in India from June 2007 onwards.

So, in a way we have have stayed in Canada only for 4 days since June 2007.

Now, my company is placing me in Canada on a job assignment.

I have few Questions

1. How is my Canadian PR card for me( 47 yrs old male, India citizen), my spouse( 42 yrs old female, Indian Citizen), my son ( 16 yr old , US sitizen) be treated? What formalities do I need to do? Do I still require to apply for the work permit now?

2.What happens to my Daughter ( 14 yrs old US citizen) as we never went back to Canada to complete her photograph requirement.

Please advise

THANK YOU

[priya24]

We got our PRC in the year 2015 and I got the expiration date till Feb 2021 for me and My family member is having different expiration dates in Sep 2020. I have got a job in Canada and Planning to move next month.

Need your clarification on the below-listed question.

1. If I move to Canada with my family on Sep 2018 and if I renew my family and my PRC during my expire date which is Feb 2021 will I have an issue because my family is getting expire on Sep 2020 in the PRC card, please clarify.

2. I saw on the CIC website, I can for the renewal even after the expiration of the PRC but we need to reside in the Country, Please clarify.

3. Since I got the PRC from Quebec and I am planning to work from Ontario, will that be a problem while applying for extension and citizenship, Please clarify

I really appreciate your team support!!!