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Residency Requirement PR card Renewals 

SANAT
SANAT
Posts: 1


Posted On: 9/11/2018
SANAT
SANAT
Posts: 1
I along with my wife became permanent resident on 15th May 2009.pr card was issued on 28th may 2009 valid upto 27th may 2014.

I applied fo renewal on 1.1.2014 and I got my new card on 30th Jan 2014 valid up to 30th Jan 2019.

Now I am in Ottawa and have not completed my residency requirement of 730 days.

In fact I will be completing 720 days on the day my pr card expires if I continue to stay in Canada Ottawa.

But due to some urgency I have to go to india on 2nd December and will be back by 15 th of January 2019 and there after I can live in canada for quite some time upto September or October before leaving.

I just want to know that if I leave on 2nd December 2018 and re-enter on 15 th January do I run the the risk of being confronted on entry for not completing 730 days of residency requirements and losing my pr status.

During my first pr card period I stayed for more than 900 days in 4.5 years.But due to my own negligence--visiting India every year for six months winter time and visiting USA to meet my younger son family I fall short of residency requirement of 730 days this time.

I am senior 78 year plus.
My question here is- is it safe to leave Ottawa on 2nd December and re-enter on 15th January.
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Moderator
Moderator
Moderator
Posts: 2695


Posted On: 9/18/2018
Moderator
Moderator
Moderator
Posts: 2695
Hello,

Thank you for sharing your situation and question with us.

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

Regarding your question,

My question here is- is it safe to leave Ottawa on 2nd December and re-enter on 15th January.



Unfortunately, we are unable to provide a definitive response regarding what may happen upon returning and attempting to re-enter Canada.

We have previously received some information from one of our legal researchers related to which days or periods are considered for 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 move-able 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.

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 difficult for us to provide you with a definitive response regarding what will happen in your particular situation.

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
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