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1/10/2018
Topic:
Travelling With A Canadian Spouse - PR Question

Moderator
Moderator
Hello Proud Canuck,

You are very welcome.

Thank you very much for your kind words!

We really appreciate your feedback.

You made my day, month and year! :-)

Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/11/2018
Topic:
Evaluation service - How do I resolve this issue?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation.

We have contacted WES and they have provided us with the process.

Here it is:


Pre-Application Process
  • Call your local agency serving immigrants and find out when a WES representative will deliver an info session and attend the info session to learn not only how to apply to WES , but also how to use your evaluation report effectively to gain recognition from employers, academic institutions and professional licensing bodies
  • Check WES website http://www.wes.org/ca/info/calendar.asp regularly to learn about upcoming WES Seminars for internationally educated individuals
  • Before purchasing an evaluation report, check Degree Equivalency Tool (free service) and learn about your Canadian academic equivalents at https://www.wes.org/ca/wes-tools/
Submitting Application for Evaluations
  • If you still have questions about the WES evaluation application submission, submit your questions at www.wes.or/ca/contact https://www.wes.org/ca/contact-us/
  • The fees are based on the two types of evaluations WES provides: basic Document-by-Document ($115 Canadian) and detailed Course-by-Course ($210 Canadian). For the distinction between the two reports, visit WES website http://www.wes.org/ca/fees/evaltypes.asphttps://www.wes.org/ca/evaluations-and-fees/other/
  • ICAP service, which stores your verified academic transcripts, and send them to institutions at your request, costs an additional $35 per application.
  • Submission of incomplete or incorrect documentation is the main reason your evaluation report might be delayed; we urge you to review Required Documents for your country of education (http://www.wes.org/ca/required/index.asp) and submit all the required documents.

After Receiving Your Evaluation Report
  • WES is one of the very few evaluation services which has a “free” appeal process. For questions about your evaluation report, please write to (always state your WES Reference Number):

Manager Director of Evaluations
World Education Services
2 Carlton Street, Suite 1400
Toronto, ON M5B 1J3
Fax: 416-972-9004
www.wes.org/ca/contact https://www.wes.org/ca/contact-us/
The WES contact center is open to answer calls and email messages from 9:00 a.m. to 6:00 p.m. (Eastern) Monday through Friday. The center is closed on weekends.
All documents must be mailed to WES. WES does NOT accept documents delivered in person. No exceptions.
There is no walk-in service.



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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/11/2018
Topic:
Application for PR Card - Outside Canada

Moderator
Moderator
Hello Peggy,

Thank you for sharing your situation and question with us.

As you may already know, the fact that your spouse is a Canadian Citizen, and you are accompanying him, means that you maintain your permanent resident status.

According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,

"7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."

So from the situation you have described, each day of your spouse is accompanying you, a Canadian citizen, outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

"In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."

Regarding your question about submitting supporting documents, you can find a list of options and suggestions of what can be submitted in the Applying for a travel document (permanent resident abroad) (IMM 5529) instruction guide.

Here is an excerpt,

"OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada

You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that


  • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age);
  • if you are accompanying a permanent resident, they were employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied them.

Evidence required
You must provide supporting documents to prove that:
  • The person you are accompanying is a Canadian citizen or permanent resident (and that the permanent resident you are accompanying meets his or her own residency obligation); and
  • You are the spouse, common-law partner or child of that person.
Supporting documents may include:
  • marriage licence or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
  • child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
  • all passports or other travel documents of the person you are accompanying used in the five years before the application (mandatory)
  • school or employment records
  • association or club memberships
  • documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen, or documents showing that the permanent resident you are accompanying meets their residency obligation (mandatory)
  • evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
  • any other documents that you want to have considered"

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.

=====

Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/16/2018
Topic:
Moving to Ontario from Yukon - With an Injury

Moderator
Moderator
Hello there,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this.

It is best that you contact the ServiceOntario directly for information specific to OHIP in relation to your situation.

The ServiceOntario call centres are open Monday to Friday: 8:30 a.m. to 5:00 p.m.

Tel: 416-326-1234
Toll-free: 1-800-267-8097
Tel TTY: 416-325-3408
Toll-free TTY: 1-800-268-7095

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/16/2018
Topic:
PR Renewal - How Long Does it Take?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We hope that others who have experienced a similar situation can share their suggestions and experiences with you.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/16/2018
Topic:
MEX Citizen w/ Criminal Record in USA

Moderator
Moderator
Hello,

Thank you for sharing your sister and brother-in-law's situation.

Your sister will have to look at what the options are available in order to immigrate to Canada.

She can find some information in our Settlement.Org How can I apply to immigrate to Ontario? article.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/16/2018
Topic:
Not Meeting Residency Requirement

Moderator
Moderator
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.

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,


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.

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


It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


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


5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


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:

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.

You mentioned that your parents have a PR card. 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.

Regarding your question,

Should they apply for PR card renewal and Do they have chance to get new card.


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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/18/2018
Topic:
Not Met Residency Requirements - Want to Renew PR

Moderator
Moderator
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.

Regarding what you have stated about renewing your PR after not meeting the residency requirements, 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,


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.

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


It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


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


5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


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:

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, there may still be the opportunity to satisfy the two-year “in Canada” requirement.

As you may already know, a PR card is required to re-enter Canada.

You mentioned that want to "renew your PR". If you are referring to renewing your PR card, 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.

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 before you apply to renew your PR card.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/18/2018
Topic:
Need Help to Apply for Canadian Citizenship

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this information.

You can find some helpful and detailed information in our Settlement.Org How do I apply for Canadian Citizenship? and What are the language requirements for Canadian citizenship? articles.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/18/2018
Topic:
10% Rent Increase - Acceptable?

Moderator
Moderator
Hello,

Thank you for sharing this situation and question with us.

We can appreciate that they would be concerned about this.

You can find some detailed information in our Settlement.Org How often can a landlord increase the rent? article in the How much can my landlord increase the rent? section.

Here is an excerpt,

How much can my landlord increase the rent?



Once you have moved into a unit, the landlord must follow a rent control guideline. The Ontario Ministry of Municipal Affairs and Housing sets this guideline every year. The guideline limits how much your landlord can increase your rent that year.

In 2017, the limit is 1.5%.
In 2018, the limit will be 1.8%.

The Landlord and Tenant Board (LTB) must approve any increases above this percentage. For example, the LTB might approve a higher increase if your landlord has made large repairs or installed a security system.



They may want to contact the nearest Community Legal Clinic to find out what their rights are in this situation.

They can find the nearest one on the Legal Aid Ontario website in the Community Legal Clinics section.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/19/2018
Topic:
Dependent Spouse - PR Application - Approved?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Unfortunately, we are unable to provide a definitive response regarding this type of situation.

You can find some general information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Which family members can come with me to Canada when I immigrate? and I have applied for permanent residence. My spouse or partner and children are not coming with me. sections.

It is best that you contact the Immigration, Refugees and Citizenship Canada (IRCC) for some information specific to your situation.

You may also want to talk to an immigration lawyer who is familiar with Canadian immigration issues or a registered and reputable Immigration Consultant.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/19/2018
Topic:
Conjugal Sponsorship

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to our Settlement.Org How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? article.

Conjugal Partner

According to the application, the conjugal category is intended for partners of Canadian sponsors who would ordinarily apply as:

-Common-law partners but cannot meet the definition, that is were not able to live together continuously for one year with their sponsor; or
-Spouses, but marriage to their sponsor is usually not an available option to them, usually because of marital status or sexual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another's countries).

For more detailed information, read the Immigration, Refugees and Citizenship Canada (IRCC) Overseas Processing Manual - OP 2 - Processing Members of the Family Class [PDF]. Read section "5.25 Characteristics of conjugal relationships."


You can find some detailed information regarding what is considered in a conjugal sponsorship in this IRCC OP 2 Processing Members of the Family Class Operations Manual.

You can find specific information in the following sections:

5.25. Characteristics of conjugal relationships
5.26. Assessment of conjugal relationships

It is quite a bit of information for us to copy to this thread so we suggest that you go to the manual itself and read those sections.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/21/2018
Topic:
Dental Field Related Jobs For New Immigrants

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information regarding what your options are in our Settlement.Org Alternative Jobs section.

You can find some information specific to Dentists in the Alternative Jobs for Dentists section.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/22/2018
Topic:
Applying for Citizenship - Owing Tax from 2016

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation.

You can find some helpful information on the Immigration, Refugees and Citizenship Canada (IRCC) in an Operational Bulletin regarding Income tax filing.

Here is an excerpt,


Roles of IRCC and the CRA

IRCC is responsible only for assessing whether the applicant met the income tax filing requirement of the Citizenship Act. Citizenship officers are not responsible for interpreting the Income Tax Act to determine tax compliance. At present, IRCC does not yet have the necessary agreements in place to return information to the CRA to assist the CRA with their investigations/enforcement. Work is ongoing to develop procedures to allow IRCC to advise the CRA of potential issues with tax filing history. Until procedures are in place, please contact CIT Operations (IRCC) for guidance in these circumstances.


If you have any other questions, you may want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/22/2018
Topic:
Residency Obligations & PR Card Renewal

Moderator
Moderator
Hello Syed,


Thank you for sharing your situation and question with us.


We can appreciate that you would be concerned about this situation.


Regarding your first question,


1. My question: If I re-enter in the Canada after 3 years from my first landing and still 2 years remaining, how in this case he will see 5 years history as these are just 3 years.


The five-year time frame set out in the Refugee and Immigrant Protection Act is not static.


Rather it is a movable window that is dependent on the time at which a visa officer examines your situation.


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 consider the possibility that some may still have the opportunity to satisfy the two-year “in Canada” requirement.

According to the Immigration, Refugees and Citizenship Canada (IRCC) OP 10 Permanent Residency Status Determination Manual,

Persons who became permanent residents of Canada less than five years prior to the date of receipt of the application are governed by A28(2)(b)(i). This subsection of the Act allows new permanent residents to qualify under the residency obligation provided that they can
potentially meet the 730-day criteria during the first five-year period immediately after their arrival in Canada. Even if a person resides away from Canada for up to three years following the date of first arrival in Canada, that person will retain permanent resident status as long as they still have the possibility of complying with the 730-days-in-Canada rule.

An officer is not permitted to exclude the possibility that an applicant who has resided abroad for three years may still be able to comply with the residency obligation during the remaining two years of the five-year period.



Regarding your second question,
2. First time i entered Canada on March 19, 2015, and left on April 10, 2015. I want to re-enter in Canada in Feb 2018 to drop my family. Will officer will ask me any question about my stay outside Canada, that why I was outside for so long?? Secondly If I leave in 10days after dropping my family and re enter again after 6 months will they allow me to enter Canada since i will be short to complete 730days.



Unfortunately, it is not possible for us to provide you with a definitive response regarding whether or not the officer will allow you to enter Canada again after 6 months.

Regarding the time you spend outside, you can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry,

2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.


and

7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).


In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.

It is your responsibility to ensure that you are fulfilling your residency obligation.

In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:

  • Airplane tickets/boarding passes
  • Bus tickets/boarding passes
  • Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada
  • Hotel receipts

And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.

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

Put simply, this means that the permanent resident bears the full responsibility of demonstrating - with supporting documentation as considered necessary by an officer -that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.

The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.


Regarding your third and fourth questions,
3. Can i enter Canada on the last day of my PR card expiry, then stay 2 years and again apply for PR Card renewal.?



and


4. If my PR card expires while staying in Canada, will i be legally allowed to stay and continue till i complete the remaining days of residency obligation for PR renewal (Note; i already have a SIN number.)


As you may already know, a PR card is required to re-enter Canada.


If you have a PR card, 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.


You do not lose your permanent resident status if your PR card expires.


Regarding what you have stated about loss of permanent residency status, 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,


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.

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


It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


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


5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


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