Residency Obligations & PR Card Renewal

[syedm_faisal79]

Dear Sir/Madam

Good Day…
I have a question and just want to clarify something related to some earlier post.

It was mentioned in one of the post that “once we enter Canada the officer may calculate 5 years back from the date you have entered or reentered Canada”

1. My question: If I re-enter in the Canada after 3 years from my first landing and still 2 years remaining, how in this case he will see 5 years history as these are just 3 years.

2. First time i entered Canada on March 19, 2015, and left on April 10, 2015. I want to re-enter in Canada in Feb 2018 to drop my family. Will officer will ask me any question about my stay outside Canada, that why I was outside for so long?? Secondly If I leave in 10days after dropping my family and re enter again after 6 months will they allow me to enter Canada since i will be short to complete 730days.

3. Can i enter Canada on the last day of my PR card expiry, then stay 2 years and again apply for PR Card renewal.?

4. If my PR card expires while staying in Canada, will i be legally allowed to stay and continue till i complete the remaining days of residency obligation for PR renewal (Note; i already have a SIN number.)

Thanks…

Syed

[SettlementOrgMod]

Hello Syed,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation.

Regarding your first question,

1. My question: If I re-enter in the Canada after 3 years from my first landing and still 2 years remaining, how in this case he will see 5 years history as these are just 3 years.

The five-year time frame set out in the Refugee and Immigrant Protection Act is not static.

Rather it is a movable window that is dependent on the time at which a visa officer examines your situation.

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), they may consider the possibility that some may still have the opportunity to satisfy the two-year “in Canada” requirement.

According to the Immigration, Refugees and Citizenship Canada (IRCC) OP 10 Permanent Residency Status Determination Manual,

Persons who became permanent residents of Canada less than five years prior to the date of receipt of the application are governed by A28(2)(b)(i). This subsection of the Act allows new permanent residents to qualify under the residency obligation provided that they can
potentially meet the 730-day criteria during the first five-year period immediately after their arrival in Canada. Even if a person resides away from Canada for up to three years following the date of first arrival in Canada, that person will retain permanent resident status as long as they still have the possibility of complying with the 730-days-in-Canada rule.

An officer is not permitted to exclude the possibility that an applicant who has resided abroad for three years may still be able to comply with the residency obligation during the remaining two years of the five-year period.

Regarding your second question,

2. First time i entered Canada on March 19, 2015, and left on April 10, 2015. I want to re-enter in Canada in Feb 2018 to drop my family. Will officer will ask me any question about my stay outside Canada, that why I was outside for so long?? Secondly If I leave in 10days after dropping my family and re enter again after 6 months will they allow me to enter Canada since i will be short to complete 730days.

Unfortunately, it is not possible for us to provide you with a definitive response regarding whether or not the officer will allow you to enter Canada again after 6 months.

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.

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.

It is your responsibility to ensure that you are fulfilling your residency obligation.

In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:

• Airplane tickets/boarding passes- Bus tickets/boarding passes- Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada- Hotel receipts

And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.

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

Put simply, this means that the permanent resident bears the full responsibility of demonstrating - with supporting documentation as considered necessary by an officer -that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.

The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.

Regarding your third and fourth questions,

3. Can i enter Canada on the last day of my PR card expiry, then stay 2 years and again apply for PR Card renewal.?

and

4. If my PR card expires while staying in Canada, will i be legally allowed to stay and continue till i complete the remaining days of residency obligation for PR renewal (Note; i already have a SIN number.)

As you may already know, a PR card is required to re-enter Canada.

If you have a PR card, it is important to note that the PR card’s expiry date has no correlation between whether or not you have met the residency requirements.

You do not lose your permanent resident status if your PR card expires.

Regarding what you have stated about loss of permanent residency status, 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.

This means that your PR status needs to be formally removed.

You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,

Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:

• an adjudicator determines that you are no longer a permanent resident following an inquiry; or- a visa officer determines you do not meet the required residency when you apply for apermanent resident travel document or temporary resident travel document.
  You may lose your permanent resident status in one of the ways described above if:

• you do not live in Canada for two out of five years;- you are convicted of a serious crime and told to leave Canada; or- you become a Canadian citizen.
  You do not lose your permanent resident status if your PR card expires.

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.

It also states in relation to the process of loss of permanent residency,

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

We suggest that 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

[syedm_faisal79]

Thanks and highly appreciated…

[Navdeep]

Hello

I have a question regarding my friend’s PR.
He completed only 500 days in Canada
currently,he is in India and his PR got expired by today itself.
He is here because of her mother’s health issues.
he has also stamped her parents visitor visa so that he can took them with him.
Now he is worried that he hasn’t completed the mandatory days to spend in Canada i.e 730 days.
Please suggest ,how he can get his PR card as well as if he apply for PRTD,what will be the possible solution to get it.

Thanks

[SettlementOrgMod]

Hello,

Thank you for sharing your friend’s situation and question with us.

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

In terms of returning to Canada, you can find some helpful information in this I need to leave Canada and I do not have a permanent resident card. Can I later return to Canada without a PR card? question on the Immigration,Refugees and Citizenship Canada Help Centre section.

You mentioned that their PR card has expired.

It is important to note that if they decide to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office, since they have not met their residency requirements, starting this process may also start the process to determine whether or not they have lost their PR status.

They may want to contact an Lawyer or a reputable, registered Immigration Consultant who is familiar with Canadian immigration issues for some advice.

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