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muradiye.selamlik Posts: 1
Posted On: 10/18/2013
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Hi Klaus!!
This is Muradiye (23 years old) from Turkey. I have a somehow different case and I would like to ask some questions to you. I am originally from Turkey and I am a citizen of Turkish Republic. My mother married a Canadian man and he sponsored me and my mum. In 20 June 2011 we entered to Canada and stayed there until 5 September 2011 as Permanent Residents(We stayed only 2,5 months). However, since my father in law consumes high volume of alcohol, my mum decided to divorce. Now they are seperated and we are in Turkey (me and my mum)
My question is that if I get accepted by a Canadian university and decide to come to Canada in August 2014, can I stay in Canada as a PR again? Does it matter that I stayed outside Canada for almost 3 years and my parents are divorced? BTW my mum will not come with me, I will come to Canada alone this time.
I am lack of information and since my parents are divorced and I was a dependent child etc.. I cannot compare my case with the others' who have already posted on the discussion page. Could you please help me about that situation?
If I am able to come to Canada as a PR in August 2014, I will be coming to McGill University or U of T (hopefully..)
Thanks.
Muradiye
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Rehan666 Posts: 1
Posted On: 5/21/2015
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Dear Ryan ,
Hope you're well . My name is Rehan and I wanted to briefly tell you about my case. I got my PR in 2011 under skilled workers program . At the time , I had intended to leave for Canada within the three year time frame so I could still maintain my residency card requirements of two year for every five year period , however , since I had to support my mother with the job I had in the United Arab Emirates , I was obligated to stay back in my job and kept sending money to her . And worked till I could stabilize something your her financially . I had forgotten my dream of moving there as I knew that once I did move to Canada looking after her would be much more difficult .
I have always feel transgendered since I was very young and as days go by my yearning to want to live as a woman keeps getting stronger , and now it's come to a point where I have made suffice net savings for my mothers comfort and would like to live my life . I live and work in a place (AbuDhabi ) where the tolerance for homosexuality and transgender individuals is zero and under Islamic laws in considered a crime with jailing,beating and deportation as consequences . I am a Bangladeshi nationality , where homosexuality or any kind of third gender issues is also looked down upon and subject to ridicule , violence and unequal oppurtunities.
I want to secure my future and live in a place free from prejudice . Although I know that I can still travel to Canada with my Pr card! I am afraid that at the point of entry I will be refused admission .
I would like to be able to enter canada and live there long enough to renew my or card and then work towards the citizenship .
I have browsed the web and have come across your name as highly qualified .
Can you please tell me how i can do this more what steps I need to take .
I am happy to establish an official consultation with you . Please let me know what I should do to take this further .
Thank you so much.
RC
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Moderator Moderator Posts: 4142
Posted On: 6/2/2015
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Hello RC,
Thank you for sharing your situation with us.
We can appreciate that you would be concerned about this situation.
Regarding the process, as you may have already read, basically what happens is that, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
"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.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.
In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).
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.
According to the Citizenship and Immigration Canada (CIC) 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.
We have had some of our users previously state that they have been able to contact CIC from abroad by dialing 1 613 944 4000. Listen to the options to get to CIC. Then you should be transferred to the CIC Call Centre.
Please note though that some have reported that it did not work for them or that it is no longer working.
You may want to give it a try.
Long distance charges will apply.
You may also want to contact a Lawyer who is knowledgeable about Canadian immigration issues for some help and advice 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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Hassanien Posts: 1
Posted On: 7/20/2015
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Hi Anna
I enter with my family to canada on Aug.5 2013 and we all got PR card exp. On 03 Oct. 2018.
Due to my work cotract in Libya I leave canada without my family on 20/oct 2013
I reenter Canada on 20 Jan. 2015 and leaving again on 10 March 2015.
Now Im planning to return to Canada finally on 10/Oct. 2016 till the exp.Date of my PR.
But ,I heard from some friends that according to the new regulations and law for June 2015 that the permanent resident should spent less than 183 days outside Canada otherwise he will not allowed to reenter Canada even if he hold avalid PR card.
so would you please advice me what im suppose to do in my situation.
My family (wife and 5 kids ) are still living in Ottawa and they didn't leave Canada.
Thanks alot for your help
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MelM Posts: 226
Posted On: 7/21/2015
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You are confusing the new citizenship residency rules with PR residency rules. There is no 183 rule when it comes to PR residency requirements (this is a citizenship rule).
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Moderator Moderator Posts: 4142
Posted On: 7/23/2015
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Hello,
Sometimes there is confusion related to the PR card expiry date and meeting the residency requirements.
In some cases, people may think that if their PR card is still valid and has not expired, that they have automatically fulfilled their residency requirements.
This is not the case.
The expiry date on a PR Card has no correlation to whether or not they have maintained their residency requirements as a permanent resident.
In terms of what happens when re-entering Canada, basically, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
According to our Settlement.Org What are the residency requirements for permanent residents (PRs)? article,
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.
If you are outside Canada for extended periods of time, you can accumulate residency days if you are:
-Travelling with a Canadian spouse or common-law partner, or are a child accompanying a parent, or
-Employed on a full-time basis by a Canadian business or the Public Service of Canada, or
-The spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.
If you are in Canada and an immigration officer determines that you have not complied with your residency obligations, the officer may issue a departure order that requires you to leave Canada.
If you are outside of Canada and do not meet residency obligations, immigration officers abroad may inform you in writing that you have lost your permanent residence status.
So as you can see, to meet your residency requirement, you must be physically present in Canada for 730 days (2 years) in every 5-year period.
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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