How to apply, processing time, if you're outside of Canada...
Not Meeting the 730 Day Requirement
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RAVIN2002US1 Posts: 3
Posted On: 5/6/2016
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Hello,
I am PR in Canada since September 2011.But due to some personal and emergency issues i could spend only few months here in Canada.
My current position is that m PR card is going to expire in OCT 2016 and i am in canada from last few months but till 2016 if stay here even then i wont be able to fulfill 730 days condition,i will short of 8 months.
My question are
1.Should i apply for my renewal of PR card after completing 730 days condition? if yes
2.Can i stay here with Expired PR card till the condition of 730 days is fulfilled.
3.If during the period of expired PR card period if i needed to go outside the country,how will i manage to go and come back in my this situation.
Thank you so much in advance.Please remove my Confusion.
Ravin
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Moderator Moderator Posts: 4075
Posted On: 5/10/2016
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Hello Ravin,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
We have previously received some information from one of our legal researchers.
As you may already know, the PR card's expiry date has no correlation between whether or not you have met 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:
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.
It is important to note that you do not lose your permanent resident status the instant your Permanent Resident Card expires.
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), you may still have the opportunity to satisfy the two-year “in Canada” requirement.
We suggest 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
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RAVIN2002US1 Posts: 3
Posted On: 8/31/2016
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Thank you so much.I am very thankful to you.
One more question for you,as you have told you that my pr card expires on 25 oct 2016 and I am not meeting 730 days condition yet,I am planning to marry in the first week of Oct n come back before 15 oct 2016.Can I put my spousal case?
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PMM Posts: 661
Posted On: 9/1/2016
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Hi
RAVIN2002US1 wrote:
Thank you so much.I am very thankful to you.
One more question for you,as you have told you that my pr card expires on 25 oct 2016 and I am not meeting 730 days condition yet,I am planning to marry in the first week of Oct n come back before 15 oct 2016.Can I put my spousal case?
1. If you are not reported on entry for not meeting your PR obligations, you should not submit a sponsorship until you meet those obligations.
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RAVIN2002US1 Posts: 3
Posted On: 9/2/2016
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Thank you so much.I am really grateful that you are helping me and giving me so much valuable advice.
I am sorry I am asking last question,
I am pr since 2011 and at tht time I stayed there for 2 months then in 2014 I stayed for 5 months and I am in canada from Nov 2015 continuously till now and going my country on 15 sep for 3 weeks only n pr card expires on 25 oct 2016,will they still report me?
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