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Residency requirements, Government in Canada, Bringing child born overseas...
Need an immigration attorney's suggestion
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aarya_a1 Posts: 2
Posted On: 8/15/2021
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Dear Friends on Settlement.org,
I need your suggestion on my situation. I soft-landed as a PR of Canada in Feb 2018 and went back to the US as I was a full-time student there. While landing, the CBSA officer asked me for a Canadian address so they could send my PR card and I gave her one. But for some reason, the card was never delivered. I called up the IRCC office and had them re-deliver it. That too, never got delivered. After six months of non-delivery, I called up IRCC and they made me sign an affidavit that 180 days had passed and I didn't get my PR card. Now, my friend received my PR card (after six months) and the PR card bore an expiry date of Sept 2023.
My course work in the U.S. was until October 2019. I genuinely had intentions of returning to Canada and started looking out for a job before I relocated here. Unfortunately, due to Covid in 2020, and travel restrictions, I just couldn't relocate as planned. I called up quite a few immigration attorneys and wanted to hear from them until what time I could relocate so as not to jeopardize my PR status. ALL of them suggested that as the expiry date on my PR card is Sept 2023, I could relocate until Sept 2021 as I would still have two years on my card and I could comfortably fulfill my Residency Obligation. They also suggested that I leave 4-5 months of buffer and relocate by May 2021. And I did relocate in May 2021.
I drove into Canada but the CBSA officers at the immigration sat me down for many hours and said the five year clock starts from the date I land and it has got nothing to do with the expiry date on my PR Card. The officer could have written me up, but chose not to as she gave me a benefit of doubt and admitted me as a PR.
Life in Canada has been good and I found a full-time job within a month of my move to Canada and I am on the verge of closing in on a condo. But if I ever have to travel to my home country due to any pressing reason, would it be safe for me to travel under the next two years?
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Moderator Moderator Posts: 4069
Posted On: 10/31/2021
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Hi there,
Thank you for sharing your question and situation with us. We can appreciate that you would be very concerned about this situation.
You must meet the residency requirement to be eligible for a PR Card renewal. To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis.Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years. You can find information on how this time period is assessed in the discussion forum thread when does the 5 year period begin? You may also find helpful information in the Settlement.Org article, What are the residency requirements for permanent residents (PRs)?
It is best that you contact a Lawyer or a reputable, registered Immigration Consultant who is familiar with Canadian immigration and employment issues for some advice and assistance with this process..
We 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.
Sincerely,
Your Settlement.Org team
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