PR Status Update

Old Nov 1st 2016, 12:18 am
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Default PR Status Update

Ok just a quickie...I left Canada on April 28th 2014..I was due to return in November 2015 and had my visa and PR confirmed by London and my visa updated in my passport..however my mum was diagnosed with Terminal cancer and I did not go..i am now looking to return again now...how close is my PR status from running out?
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Old Nov 1st 2016, 1:03 am
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Default Re: PR Status Update

When did you land and how much time did you spend in Canada after that date? It's 2 years out of every 5 to maintain your PR status, but that's on a rolling basis i.e. it has to be 2 years from any date.

HTH.
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Old Nov 1st 2016, 1:59 am
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Default Re: PR Status Update

Originally Posted by christmasoompa
When did you land and how much time did you spend in Canada after that date? It's 2 years out of every 5 to maintain your PR status, but that's on a rolling basis i.e. it has to be 2 years from any date.

HTH.
i had been in Canada for over 4 years when I left..so I'm guessing it would be counted from 1st Nov 2011 until 1st Nov 2016?
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Old Nov 1st 2016, 2:02 am
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Default Re: PR Status Update

Originally Posted by christmasoompa
When did you land and how much time did you spend in Canada after that date? It's 2 years out of every 5 to maintain your PR status, but that's on a rolling basis i.e. it has to be 2 years from any date.

HTH.
I mean I guess I was in Canada from 1st Nov 2011 until 28th April 2014 probably minus 4 weeks on holidays spent outside Canada or doesn't hat count?..i originally landed in April 2008
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Old Nov 1st 2016, 2:09 am
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Default Re: PR Status Update

Originally Posted by cheeky_monkey
Ok just a quickie...I left Canada on April 28th 2014..I was due to return in November 2015 and had my visa and PR confirmed by London and my visa updated in my passport..however my mum was diagnosed with Terminal cancer and I did not go..i am now looking to return again now...how close is my PR status from running out?
At the end of April 2017 it will become impossible for you to meet the residency requirement. If you return (well) before then and stay in Canada for the next 2 years at least (holidays abroad do count) you'd be OK.
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Old Nov 1st 2016, 2:15 am
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Default Re: PR Status Update

Originally Posted by Novocastrian
At the end of April 2017 it will become impossible for you to meet the residency requirement. If you return (well) before then and stay in Canada for the next 2 years at least (holidays abroad do count) you'd be OK.

does it work the other way if you go back to Canada on hols when you are away?
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Old Nov 1st 2016, 2:21 am
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Default Re: PR Status Update

Originally Posted by cheeky_monkey
does it work the other way if you go back to Canada on hols when you are away?
Yes, anytime spent in Canada counts. Unless I'm going blind, I still can't see where you've said when you actually landed (i.e. activated PR)? You've said you were in Canada from 1st Nov 2011, but was that the date you landed or had you done so before that date? If so, when?
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Old Nov 1st 2016, 2:24 am
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Default Re: PR Status Update

Originally Posted by christmasoompa
Yes, anytime spent in Canada counts. Unless I'm going blind, I still can't see where you've said when you actually landed (i.e. activated PR)? You've said you were in Canada from 1st Nov 2011, but was that the date you landed or had you done so before that date? If so, when?
April 2008..its actually in my signature at the bottom of my page lol
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Old Nov 1st 2016, 2:31 am
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Default Re: PR Status Update

Assuming that you landed and became a PR in the first place (OK I see that was in 2008):

- your status as a PR doesn't "run out". You remain a PR until an official process has happened or you renounce, even if you haven't met the residency obligation

- looking back from today's day at the previous 5 years, have you spent 730+ days in Canada (and can you prove it?)

- Returning to Canada: do you have unexpired PR Card so that you can board the plane? It won't be possible to do so without after 9 November: you will need to apply for a travel document. Whether you get that will depend on the answers to the questions above.

- H&C factors can be taken into account, but if you are getting to that stage and you haven't met the RO (and your PR card has expired), you really need to see a regulated consultant/lawyer to advise you properly. In fact, I think you should anyway.

S

Last edited by Snowy560; Nov 1st 2016 at 3:00 am.
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Old Nov 1st 2016, 4:04 am
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Default Re: PR Status Update

Originally Posted by Snowy560
Assuming that you landed and became a PR in the first place (OK I see that was in 2008):

- your status as a PR doesn't "run out". You remain a PR until an official process has happened or you renounce, even if you haven't met the residency obligation

- looking back from today's day at the previous 5 years, have you spent 730+ days in Canada (and can you prove it?)

- Returning to Canada: do you have unexpired PR Card so that you can board the plane? It won't be possible to do so without after 9 November: you will need to apply for a travel document. Whether you get that will depend on the answers to the questions above.

- H&C factors can be taken into account, but if you are getting to that stage and you haven't met the RO (and your PR card has expired), you really need to see a regulated consultant/lawyer to advise you properly. In fact, I think you should anyway.

S
i did all this last year and got travel documents so I gave immigration all my proof this time last year..since then my PR card has expired as has the temporary visa they put in my passport..and has my old passport which ran out earlier in the year so now have a new one...I am assuming immigration in London will have a record of my application and issuing me travel documents last year...my circumstances haven't changed so could I reapply and refer to my previous application? or is that too simple?
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Old Nov 1st 2016, 4:18 am
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Default Re: PR Status Update

Personally, I think you should see someone so that you know exactly where you stand now and going forward.

Yes, there will be a record of previous applications.

S
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Old Nov 1st 2016, 4:24 am
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Default Re: PR Status Update

Originally Posted by cheeky_monkey
April 2008..its actually in my signature at the bottom of my page lol
I did see that, but then you said 'I was due to return in November 2015 and had my visa and PR confirmed by London and my visa updated in my passport', which made it sound as though that was in 2015 and I thought perhaps you weren't a PR before 2015!
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Old Nov 1st 2016, 4:39 am
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Default Re: PR Status Update

Originally Posted by christmasoompa
I did see that, but then you said 'I was due to return in November 2015 and had my visa and PR confirmed by London and my visa updated in my passport', which made it sound as though that was in 2015 and I thought perhaps you weren't a PR before 2015!
no I had a job offer a year ago..so was more to do with travel documents than anything else I had PR long time ago..should have got citizenship when I had the chance but hey ho.
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Old Nov 1st 2016, 4:46 am
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Default Re: PR Status Update

Originally Posted by cheeky_monkey
no I had a job offer a year ago..so was more to do with travel documents than anything else I had PR long time ago..should have got citizenship when I had the chance but hey ho.
I'm so confused! Doesn't take much but still.

What travel documents? Why did you need them if you had PR?

In any event, if you got PR and landed in August 2011, then left in April 2014, you spent enough time there then to maintain PR in the first five years, but as said above, you need to be able to count from any date and have at least 730 days in Canada from that date to maintain PR.

So from today's date, if you've not been back to Canada at all since you left in April 2014, you've only got a very short amount of time left to move back to keep PR by my (vague) calculations - I'd take Novo's word for it though as he's far more likely to have the right answer, so that would mean moving back by April next year at the absolute latest. Bearing in mind that if you leave it until the last minute then you'll essentially be 'landlocked' and unable to leave Canada for any time, so you might want to go sooner rather than later to give yourself some leeway.

Best of luck!
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Old Nov 1st 2016, 5:30 am
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Default Re: PR Status Update

Originally Posted by cheeky_monkey
no I had a job offer a year ago..so was more to do with travel documents than anything else I had PR long time ago..should have got citizenship when I had the chance but hey ho.
I'm confused too. You landed in April 2008, so your first PR card would have expired in April 2013. If (?) you renewed it then the second PR card should be valid until April 2018 and you don't need any other "travel document".

Either way, PR cards and PR status are unrelated. You need to be back before April 2017 to satisfy the residency requirement. It's beginning to sound as if you didn't bother to renew your card in 2013?

<this is ignoring frilly bits like holidays abroad before you left and holidays back in Canada since then>

Last edited by Novocastrian; Nov 1st 2016 at 5:33 am.
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