Returning to Canada After more than 4 Years

Hi,

If any one can advice, my PR card was issued in July,2014, since that i am out of Canada. now i am planning
to return to Canada by end of this month. my PR card is expiring in July,2019.

My questions are:
1- If they ask me to go back since i have not lived in Canada for two years, will that be from Airport? or i can still live until my PR card expires

2- If i pass through immigration and start working in Canada, do i have to file an appeal immediate? or after spending two years i just apply for renewal of PR card.

Rgds,
Mathew Amr.

Hello Mathew,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation and would be interested in finding out what your options are.

Regarding what you have stated about losing permanent residency, 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,

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

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

Additionally, we have previously received some information from one of our legal researchers related to 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 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:

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 still have the opportunity to satisfy the two-year “in Canada” requirement.

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.

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