How to apply, processing time, if you're outside of Canada...
730 days in Canada for PR extension?
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Abdulaali786 Posts: 1
Posted On: 9/11/2022
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Hi, I have PR and it expires in July'23. I have been in Canada only for 10 days so far. We are expecting a baby this december and planning to move to Canada in January. Will there be any issue considering my situation that i haven't met 730 days in Canada for PR extension?
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PMM Posts: 661
Posted On: 9/12/2022
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Hi
Abdulaali786 wrote:
Hi, I have PR and it expires in July'23. I have been in Canada only for 10 days so far. We are expecting a baby this december and planning to move to Canada in January. Will there be any issue considering my situation that i haven't met 730 days in Canada for PR extension?
1. Yes, you could be reported for not meeting your PR obligations on Entry
2. If your child requires a TRV (visitor visa) to enter Canada then with you an you wife not meeting PR then it is unlikely to issued.
3. Your only hope is that you can get into Canada without be reported and then wait until you have 730 days residency to apply for a new PR card. and sponsor your child.
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anilnavuru Posts: 1
Posted On: 1/26/2023
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HI,
i have received my PR in feb 2022 and valid till feb 2027.
As of now, i haven't entered Canada. i am planning to move to Canada only in May 2025.
As of my expiry date, i wont be completing my 730 days. In this scenario, Am i go into out of status?
Thanks,
Anil N
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Moderator Moderator Posts: 4003
Posted On: 3/31/2023
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Hello There,
Thank you for sharing your situation and question with us.
Whether or not you will be granted entry will be up to the CBSA officer. “There are a number of reasons you can be found inadmissible, denied a visa or refused entry to Canada.”
Whether or not this poses a barrier for entry would be under the discretion of the border officer. 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 may also find helpful information on this matter in the previous discussion forum thread, When does the 5-year period begin?
In terms of the process when entering and re-entering Canada, 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 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 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 also worth noting that not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, you may want to speak to a reputable and registered immigration consultant or an immigration lawyer about travelling back to Canada without a valid PR card.
We hope this information is helpful. If you have any additional questions, please feel free to post them here. You may also want to contact the local visa office or IRCC via web form to get more details about your specific application and what kind of supporting documents you may require.
Sincerely,
Your Settlement.Org Team
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