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Moderator Moderator Posts: 4069
Posted On: 7/3/2018
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Hello,
Thank you for sharing your parents' 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.
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:
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), they may still have the opportunity to satisfy the two-year “in Canada” requirement.
As you may already know, a PR card is required to re-enter Canada.
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.
In terms of your parents re-entering Canada, you can find some information on the CIC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.
Here is an excerpt,
I am outside of Canada and do not have a PR card. How can I return to Canada?
Canada’s entry requirements are changing
Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.
It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.
Returning by private vehicle
There are other documents you can use to enter the country.
When you return to Canada, apply for a PR card if you plan to travel outside Canada again.
Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.
Returning by commercial vehicle: airplane, bus, train, or boat
You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.
You can apply to replace your PR card when you return to Canada.
We suggest that it is important and probably best that you and your parents speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding you and your family's situation and before they apply to renew their PR cards.
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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