Hi,

I was just looking at the PRC Extension thread and was looking for advice about my situation:

I landed 3 April 2010
Left and came back to UK 16 April 2010
Received PR card in May 2010 with an expiry date of 24 May 2015

I was under the impression that I could fulfill the 730 day obligation up til 24 May 2015 as per the expiry date on the PRC, however reading that thread it would appear that the 5 year period starts from when I became a PR - which would be 3 April 2010.

I was planning on booking a flight for 20 May but now I'm extremely worried that the border guard will say I'm unable to fulfill my 730 day obligation, and refuse entry or follow the process of removal? Even if I left immediately I wouldn't be able to fulfill based on that date.

Please could you advise? I realise this is my own fault and I should have gone in between to accrue days. And I should have checked more carefully and not assumed that the expiry on the PR card was the date by which I had to stay for 730 days. If I put on the declaration card that I have been out of Canada since 16 April 2010 is it likely they will refuse me entry as a permanent resident?

You read that correctly - The 5 year clock starts ticking from the day you landed, and is not based on the expiry date of your PR card.

How that is viewed by CBSA on landing is anyones guess. I would be genuinely concerned to say the least.

Out of interest why did you cut it so fine? Did you not really want to live and work in Canada?

They wont refuse you entry as legally you still are a PR.
Your residency date started on 3 April 2010. The 5 year cut off is 3 April 2015.
You need 730 days between those dates so count the 2 weeks you spent.

Partly family circumstances and partly my own stupidity. I would have gone before but one of my parents passed away suddenly and being the only son at home I had an obligation to look after the other.

The stupidity is my own though, if I had not assumed it was up til the expiry on the PR card I would have gone 2 months ago.

It was only 12 days so even if I left tomorrow I wouldn't be able to fulfill the 730 days. What should I do now?

After you left back in 2010 have you ever been back for a visit? These days would count, too. Looking at your dates you should have latest arrived in Canada on April 15th 2013 to be able to meet the 730 days rule. And even then it would meant that you could not leave the country for even 1 night for the remaining 730 days.

You definitely can't meet the 730 days requirement anymore. So although technically you are still a PR, as you can't meet the requirement to maintain PR you'll lose it or have the option to give it up.

Two options: stay in the UK and give your PR up.
OR
go to Canada and lie (you read the other thread, this is nothing anybody would advise you to do and IMO is absolutely and utterly wrong , but it's your choice), then sit in and work in Canada for the next 2 years without ever leaving the country, not even for a business trip or emergency and then ask for PR card renewal.

If you are lucky CBSA won't notice upon entry, I wouldn't count on it though.

Does the death of a parent and the need to care for the other count under compassionate grounds for an appeal? I have no idea, but it may be worth looking into. Someone may be able to advise on here.

Unfortunately I haven't been back since I landed. I had chances to, but I didn't.

It's looking increasingly like I will just have to forget about the whole PR thing, and I have nobody to blame but myself. I could have gone before now but didn't, and I've shot myself in the foot.

Regarding lying on the form - I wouldn't feel comfortable doing that. Also I assume they have records of my leaving Canada last time so it would only be a matter of time before it caught up.

It has been mentioned before I think that barely anything counts apart from maybe being in a coma for 3 years. To be honest 2/5 is only 40% and CBSA will want a very good reason why this was impossible. I am so sorry that the OPs parent died but unfortunately it didn't physically hinder him from moving over or at least over the past 3 years spending a few weeks here to prolong his final moving date.

Yes I accept total responsibility for my situation.

Should I not bother trying to enter as a resident then?

It depends what you want to do. If you want to come over and reside/work in Canada for more than the next 2 years without leaving, then I'd suggest you enter as a PR ASAP and hope that you are left to your own devices by CBSA for the next couple of years.

If you only want to come over for a short visit, then enter as a PR (which I believe you can still do) and leave when you want, but that will likely be the last time you enter Canada as a PR.

or

Relinquish your PR status and enter as a visitor and stay for up to 6 months. No work, paid or unpaid, allowed.

Question?
Can the OP relinquish current PR status on entry to Canada and request a visitors Visa?

I have absolutely no idea if you can or can't do this, but thought I'd throw this out there as a random thought that came to mind.

I know (well, pretty sure!) when you're applying for PR in the first place, there is nothing stopping you applying under more than 1 stream if you're eligible.

So my idea is, could the OP come over now, work for at least a year and then re-apply for PR under the CEC stream once the 12 months have been met?

A long shot I'm sure, but thought I'd say it in case it's a viable option that hadn't been thought of.

Good luck.

Graham.

Also, it is possible to apply for PR if you are a PR?

What I mean is, go to Canada, secure a job, apply under FSW2. An LMO/TWP shouldn't be required since you're a PR.

But then, must one relinquish one's PR in order to apply for PR under a new application?

You probably can't do this but as with Graham I figured I'd throw it out there!

Wayne.

So does the expiry date on the PR card have absolutely no bearing?

The fact that I could live in Canada for 2 years before it expires?

No, hence why the CIC will ask for a copy of the COPR that you were given when landing and was stapled into your passport, upon renewal.

The date on the PR card means nothing in terms of PR status expiry, it just sets automatically 5 years from its issue date, which will always be at least a few weeks after landing.

Bear in mind that someone can land and not apply for a PR card right away. They could apply a year or two after landing.

I am not really sure why they even bother putting an expiry date on the PR card!

Wayne.