PR status 730 day rule Question

Old Mar 3rd 2012, 12:04 pm
  #16  
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Default Re: PR status 730 day rule Question

Originally Posted by Former Lancastrian
Keeps me busy as well issuing Removal Orders to PRs who dont meet the 730 day requirement
anyways don't make your self too busy I'd start to miss you
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Old Mar 3rd 2012, 2:29 pm
  #17  
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Default Re: PR status 730 day rule Question

Originally Posted by Scotjames
hypothetical question -
Your a UK passport holder with Canadian PR status
You have re-entered Canada but lets say
if you were not going to meet 730 days in the first 5 years, could you not wait past PR card expiry date and remain in Canada (after PR card expiry date) and then accumulate enough time after PR card expiry to have at least 730 days in the last 5 years (the reference point of "today" for previous 5 years calculation having now moved ahead on the calendar).
The first problem is going to be at the port of entry. If the officer sees you are not going to meet the 730 day requirement they have the right to start the process to remove your PR straight away.


Once the 730 days or more are accumulated, you would then be considered ready to apply for PR card renewal by mailing the now expired card with PR renewal package.
(would a gap in expiry of old PR card before renewal for your replacement PR card flag up a problem possibly)
I far as I understand the currently don't carry out exit checks, you can just let your PR card expire and wait until you have completed 730 days and then apply to renew. As far as I can see they only ask for the 5 year period immediately before you apply for renewal.
I am missing something and has anyone have experience on this subject.
An excellent question to discuss with a competent Canadian immigration lawyer.
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Old Mar 3rd 2012, 5:41 pm
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Default Re: PR status 730 day rule Question

Hi


Originally Posted by JAJ
The first problem is going to be at the port of entry. If the officer sees you are not going to meet the 730 day requirement they have the right to start the process to remove your PR straight away.




An excellent question to discuss with a competent Canadian immigration lawyer.

Actually if you don't meet your residency requirements and you PR card expires, don't renew it (or leave Canada). Once you have 730 days of residency in Canada, then you submit the application for a new PR card. As you now meet the requirement. As it is a 5 year rolling period, CIC can look back 5 years and forward 5 years on the day you apply. If you have and can prove you have 730 days in the previous, 5 years, whether your card is expired or not, you have met your obligation and the card will be issued.
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Old Mar 4th 2012, 9:44 am
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Default Re: PR status 730 day rule Question

Originally Posted by PMM
Hi





Actually if you don't meet your residency requirements and you PR card expires, don't renew it (or leave Canada). Once you have 730 days of residency in Canada, then you submit the application for a new PR card. As you now meet the requirement. As it is a 5 year rolling period, CIC can look back 5 years and forward 5 years on the day you apply. If you have and can prove you have 730 days in the previous, 5 years, whether your card is expired or not, you have met your obligation and the card will be issued.
I've seen similar information posted when this was previously debated. That is the answer I lodged in my mind as the prevailing procedure at the time.
Given the chance to become a PR (CIC willing!) I do no envisage getting anywhere near this state of affairs. It kind of makes a joke out of the expression 'Permanent Resident'.

In a case such as this all I see:

1) You entered Canada legally when your PR card was valid
2) You haven't left Canada, but you did enter legally in the first place
3) When you come to renew your expired PR card you should have already accumulated 730 days at the time of renewal.
4) A new card will be issued based on the preceding 730 days, expired PR card or not.

I see a PR card, when travelling, as a document allowing you to enter Canada legally as a PR.

Question: If you entered Canada legally with a Valid PR card and your PR card later expires, does that mean you are now in the country illegally or more simply that you are still legally in the country but your PR card has expired?

Last edited by james.mc; Mar 4th 2012 at 9:47 am.
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Old Mar 4th 2012, 11:14 am
  #20  
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Default Re: PR status 730 day rule Question

Originally Posted by PMM
Hi





Actually if you don't meet your residency requirements and you PR card expires, don't renew it (or leave Canada). Once you have 730 days of residency in Canada, then you submit the application for a new PR card. As you now meet the requirement. As it is a 5 year rolling period, CIC can look back 5 years and forward 5 years on the day you apply. If you have and can prove you have 730 days in the previous, 5 years, whether your card is expired or not, you have met your obligation and the card will be issued.
Looks like my 'hypothetical' question has been answered and was as I thought.
Many thanks PMM for as always accurate sound info.

cheers

Last edited by Scotjames; Mar 4th 2012 at 11:20 am.
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