maintaining PR status

Thread view:

Enable EMail Alerts

Start New Thread

Thread rating:

tumm2008@gmail.com - 25 Jun 2008 14:01 GMT

I landed in Canada on 18th June 2004 and stayed there till 15th July
2005. That means I stayed for 392 days out of required 730 days to
maintain PR status. My card expires on 18th June 2009. My questions
are
1. Can I go back around 14th July this year and still maintain my
status?
2. My husband is living there. He has applied for citizenship for
himself and my two kids. Can he sponsor me even after I lose my
status?
3. Suppose if I buy a ticket end of July this year, I will fall short
of 10-15 days. Can they deport me? Do they deport at the Port of
entry?

Reply to this Message

Jim Humphries - 25 Jun 2008 15:57 GMT

Your 5 year period started on 18 June 2004. Your have 392 days you
calculate of actual physical presence in Canada as a PR. You need to amass
730 before 18 June 2009. You do the math and see when or if you can comply.

Signature

Jim Humphries,
Former Visa Officer

>I landed in Canada on 18th June 2004 and stayed there till 15th July
> 2005. That means I stayed for 392 days out of required 730 days to
[quoted text clipped - 8 lines]
> of 10-15 days. Can they deport me? Do they deport at the Port of
> entry?

Reply to this Message

Rassilon - 25 Jun 2008 22:51 GMT

By my quick calculations:

You have 392 days already, if you land on the 14th you will hit 731 days on
the day of your expiry of the PR card.

I would land sooner rather than later if I were you.

>Your 5 year period started on 18 June 2004. Your have 392 days you
>calculate of actual physical presence in Canada as a PR. You need to amass
[quoted text clipped - 4 lines]
>> of 10-15 days. Can they deport me? Do they deport at the Port of
>> entry?

Reply to this Message

S P Arif Sahari Wibowo - 26 Jun 2008 03:06 GMT

> if you land on the 14th

The OP has already landed on June 2004,

> you will hit 731 days on the day of your expiry of the PR
> card.

When the PR Card expired make no significance in this
calculation.

Signature

(stephan paul) Arif Sahari Wibowo
_____ _____ _____ _____
/____ /____/ /____/ /____
_____/ / / / _____/ http://www.arifsaha.com/

Disclaimer: IANAL, IANALP, IANAMD, IANAMP, IANAAP
my statements - if any - should be treated as such.

Reply to this Message

S P Arif Sahari Wibowo - 26 Jun 2008 04:33 GMT

> That means I stayed for 392 days out of required 730 days to
> maintain PR status.

Another way to see it is that you should not exceed 3 years in
time accumulated outside Canada in any rolling 5 years period.

> My card expires on 18th June 2009.

When your PR Card expires have no significance whatsoever in
calculating the residency obligation.

> 1. Can I go back around 14th July this year and still maintain
> my status?

In principle you should be able to, assuming that you fully stay
in Canada since landing until July 2005 and that you have strong
documentations that prove that indeed stay in Canada all that
time. Also, after returning to Canada, you have to stay in
Canada for full 2 years (full continuous 730 days; no, not 348
days!).

However, considering how close you are to breaking residency
obligation, IMHO it is possible the officer schedule a hearing
on your PR status. In the hearing the proof you have that you
have not violate the residency obligation will be scrutinied and
verified. You need to prepare for this probability.

> 2. My husband is living there. He has applied for citizenship
> for himself and my two kids. Can he sponsor me even after I
> lose my status?

Yes, assuming he has no problem with eligibility to be sponsor
(such as not being under government social assistance).

> 3. Suppose if I buy a ticket end of July this year, I will
> fall short of 10-15 days. Can they deport me?

Yes.

> Do they deport at the Port of entry?

AFAIK no. The officer will let you in but schedule you for PR
status hearing. In the hearing, if cannot prove that you have
not violate the residency obligation, then your PR status. I
think after that CIC may start removal proceeding.

Signature

Reply to this Message

Immigration Forum / Canada / June 2008

maintaining PR status