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forumSection: Settlement in Canada, subForumSection: Permanent Residency Obligations

edaou

Newbie
Sep 15, 2014
3
0
My Pr card expired in May-2014, (get my Pr card in 2009); arrived to Canada in May-2013, Jully-2013 get a job and I'm still working (paying taxes and have my driving license) till today in Canada;
QUestion: June-2015 after i pssed 730days inside Canada can I asked the immigration officer to renew my card, even if my card has been expired one year ago
thx
 
edaou said:
My Pr card expired in May-2014, (get my Pr card in 2009); arrived to Canada in May-2013, Jully-2013 get a job and I'm still working (paying taxes and have my driving license) till today in Canada;
QUestion: June-2015 after i pssed 730days inside Canada can I asked the immigration officer to renew my card, even if my card has been expired one year ago
thx

Yes
 
thank you!!!
At that date (J-2015) I will submit the regular application to renew my Card.
what about the passed years (2009-2013) I delcare that I was out of the country

thx
 
edaou said:
thank you!!!
At that date (J-2015) I will submit the regular application to renew my Card.
what about the passed years (2009-2013) I delcare that I was out of the country

thx

You list where you were in the 5 years before the day you sign the application, of which you have 2 years of physical presence.
 
Thank you for your coordination,
As I understand that when i submit my application in 2015 will consider the last 5 years, (that is mean starting 2010 till 2015) dropping out of the count 2009
I passed the 2010-11-12 outside Canada
Inside the country 2013-14-15 based on these years I am asking to renew my card


Is that what I understand correct


thank you again
 
edaou said:
Thank you for your coordination,
As I understand that when i submit my application in 2015 will consider the last 5 years, (that is mean starting 2010 till 2015) dropping out of the count 2009
I passed the 2010-11-12 outside Canada
Inside the country 2013-14-15 based on these years I am asking to renew my card


Is that what I understand correct


thank you again

Yes. You seem to worry too much. Just complete the 730 days before you send the application and you will be fine, regardless of what you list in the application. The officer processing it is instructed to only evaluate the five years prior to when you apply. Your prior breach of residency obligation will not count against you if youve never been reported.
 
Quick question to CanV and edaou:

Since edaou's PR card expired in may 2014 ( before 730 days complete), how come he/she can renew his card in 2015 and how he/she can in Canada after PR card expired. Please explain, may be I may same path. Thanks in advance.
 
crown said:
Quick question to CanV and edaou:

Since edaou's PR card expired in may 2014 ( before 730 days complete), how come he/she can renew his card in 2015 and how he/she can in Canada after PR card expired. Please explain, may be I may same path. Thanks in advance.

edaou is still a PR despite the card expiring. You can renew your PR card if you have been in Canada for at least 730 days out of the last 5 years from the date of the application.

If you have at least 730 days living in Canada for the last 5 years, currently living in Canada, and your PR card is about to expire (or already expired), then you can renew it also.
 
In addition to what keesio said, you dont have to have a PR card all together, even when you do your landing. The primary reason for getting the card is to travel. Transport companies (air, sea, bus) need to verify you are eligible to enter Canada once you arrive there. The best way to prove your residency status is your landing documents, COPR.
 
Thank you for details.

Some background: We (family) landed in Canada on Sept/2012, just spent one day there and came back to US. By now, we completed two years out side of Canada.
And, we have received our PR cards which are issued on Jan/2013 and validity for for five year from that date (till Jan/2018).

Now,

1. Which date should I consider for our five years clock started, Sept/2012 or Jan/2013 ?
2. If we move in Jan/2016, do we chance to get renewal of our PR cards ?
3. If my spouse (co-applicant) go and work in Canada on PR, still we have chance of renewal ?

Sorry for asking to many questions. :)
 
Not really sure if keesio’s information is accurate. I’m in a similar situation. Been granted PR card in July 2014 and landed the same months. However, due to family and business reasons I’ve to postpone my relocation to Canada. It is my understanding that you’ve to be in the country to the day 2 years (i.e. 730 days) before the card expires. Not before you apply for a renewal of your residency permit. This 2-out-of-5 requirement occurs after your landing and each time you go for a renewal (unless you apply for a citizenship).

Taking edaou’s example: His card expired in May-14 and he plans to renew it on Jun-15… however, as the card was issued in 2009 he falls one year short of that requirement. Furthermore, as his status as a resident has expired (and he’s presumably no valid visa), he’s illegally residing in Canada. As long as he doesn’t leave he can stay of course as the tax office isn’t concerned with who generates their income (similar to US where 30% of tax income is generated by illegal immigrants paying their dues but actually having no permit to stay in the country). He might be lucky and get a friendly officer who closes an eye on these rules… but then again, his case file might end up with a grumpy guy who’s refusing the extension (and notifying immigration about edaou’s expired status).

Keesio’s if your information is correct and the immigration office is indeed only assessing the last 5 years irrespective of the time of your landing, then can you please refer us to an official announcement in this respect?
 
gryphonent said:
Not really sure if keesio's information is accurate. I'm in a similar situation. Been granted PR card in July 2014 and landed the same months. However, due to family and business reasons I've to postpone my relocation to Canada. It is my understanding that you've to be in the country to the day 2 years (i.e. 730 days) before the card expires. Not before you apply for a renewal of your residency permit. This 2-out-of-5 requirement occurs after your landing and each time you go for a renewal (unless you apply for a citizenship).

Taking edaou's example: His card expired in May-14 and he plans to renew it on Jun-15... however, as the card was issued in 2009 he falls one year short of that requirement. Furthermore, as his status as a resident has expired (and he's presumably no valid visa), he's illegally residing in Canada. As long as he doesn't leave he can stay of course as the tax office isn't concerned with who generates their income (similar to US where 30% of tax income is generated by illegal immigrants paying their dues but actually having no permit to stay in the country). He might be lucky and get a friendly officer who closes an eye on these rules... but then again, his case file might end up with a grumpy guy who's refusing the extension (and notifying immigration about edaou's expired status).

Keesio's if your information is correct and the immigration office is indeed only assessing the last 5 years irrespective of the time of your landing, then can you please refer us to an official announcement in this respect?

Just like it says under your nickname, you are a newbie. None of what you said is correct. When you send your application to renew your card inside Canada, the officer will only look at the 5 years before they receive your application. If your PR expires, you definitely, 100%, do NOT fall out of status and become an illegal resident.

This subject has been discussed 100s times here and sure there is plenty of information and official sources for this, but I doubt anyone is going to do the work and research for you so you may want to do it yourself.
 
crown said:
Thank you for details.

Some background: We (family) landed in Canada on Sept/2012, just spent one day there and came back to US. By now, we completed two years out side of Canada.
And, we have received our PR cards which are issued on Jan/2013 and validity for for five year from that date (till Jan/2018).

Now,

1. Which date should I consider for our five years clock started, Sept/2012 or Jan/2013 ?
2. If we move in Jan/2016, do we chance to get renewal of our PR cards ?
3. If my spouse (co-applicant) go and work in Canada on PR, still we have chance of renewal ?

Sorry for asking to many questions. :)

1. If you have been a PR for less than 5 years, then it would be your landing date
2. Jan 2016 would mean you have been out of Canada for over 3 years. You risk getting reported at the border that you have violated your RO since there is no way you can get 730 days by Sept 2018. If the officer lets you in without reporting you (and don't ask what the odds of this happening is, no one knows), then you have to wait at least 2 years before you can apply for your PR card again (when you meet the 730 days in 5 years requirement). The safest thing to do is come back before Sept 2015 to make sure you meet your RO. Then wait 2 years before applying to renew.
3. Same rules as above apply to her.
 
Thanks CanV for the helpful explanation. It seems I got the wrong information there. The problem then is really with getting back into the country if you’ve less than 730 days before your PR card expires.
 
gryphonent said:
Thanks CanV for the helpful explanation. It seems I got the wrong information there. The problem then is really with getting back into the country if you've less than 730 days before your PR card expires.

That is correct. And I think most people get in with no issues, and few unlucky get reported.
 
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