Permanent Resident Card Renewal
KS
Will appreciate if anyone could help me out with my problem.
I became a landed immigrant of Canada in March 2001 and stayed there
until mid- October 2003 after which i left to Dubai ( marriage plans ).
>From the time frame given, i did complete my residency obligation for
the first five year period.
The issuing of PR Cards first started in June 2002 and i got mine in
Oct 2003. The expiry on the card is printed 5 yrs after that date which
is Sept 2008.
After getting married, i did go back to Canada in Oct 2004 and stayed
there for a month. And my next trip was recently in July 2006, for 2
weeks.
I am currently living and working in Dubai and am now faced with a big
problem which is the renewal of my PR Card. As per the new rules, I was
told that i risk losing my PR status if i dont return to Canada by
October 2006 and my card would not be renewed after 2008 as when a
renewal application is submitted, the officers would check for how long
i have been in Canada from the time my PR card was issued until expiry
( Oct 2003 - Sept 2008 ).
I feel its completely unfair to be stuck up between two laws, one of
which says that a permanent resident needs to stay 2 out of every 5 yr
period to maintain the status and the other law which states that a
permanent resident needs comply with the 2 out of 5 yr rule starting
from the date printed on the PR card and not from the date that you
land.
As per the old law, i did complete 2 out 5 yrs. And i do want to go
back to Canada, but not so soon as we are currently working under a
contract which cannot be terminated. I was under the impression that
out of every 5 yr period, i must stay 2 out of every 5 yr period. My
first 5 yr period ended as of Feb 2006 and the next 5 yr period has
started since then, to which i thought i would be able to go back to
Canada after 2008. But i now think i wont be able to do that.
I have stayed in Canada for a total of 990 days from 2001 until now.
This whole thing is so confusing and i would really appreciate any help
given to me from all the experts out here on what i should be doing
next.... Give up my permanent residency status ?? Apply for citizenship
(though i havent got the 3 out of 4 yrs prior to submitting an
application ) ?? If i give up my PR status and reapply, how long wud
it take and would i given priority ?? I also want to apply for my
husband's immigrant visa ....Should we both apply together ??
Thanks for all your help.
Roges Hyspeed Internot Slurport
"KS" <ksd...@hotmail.com> wrote in message
news:1153921245.1...@i42g2000cwa.googlegroups.com...
years in the last 5 and was worked backwards from the current date?
How many days do you have for the last 5 years up to July of 2002 ?
Jim PMM or Roy correct me If I am wrong in my assumption.
KS
Hi There !
Would'nt it be 4 yrs from now backwards till July 2002 ? If i have to
count my days till 2002, then it would be 510 days.
I landed in March 2001 and if you have to count it from that month
onwards till now, i have a total of 990 days.
Thanks
Hi There !
Would'nt it be 4 yrs from now backwards till July 2002 ? If i have to
count my days till 2002, then it would be 510 days.
spammers>@telus.net PMM
"KS" <ksd...@hotmail.com> wrote in message
news:1153921245.1...@i42g2000cwa.googlegroups.com...
1. The old law was 183 days in each year, the new law 2/5 was as of
June/02.
2. The 5 year period is a rolling 5 year period. You left in Oct/03 and
have returned for 6 weeks since then, so to meet your residency obligation,
you have to return by Mid Nov/06 and cannot leave even for a day in the
following 2 years.
3. The whole thing that you must look at is that from the look at it you
really don't want residency in Canada, it is just a back up plan.
4. You can't apply for citizenship as you have to have physical residence
for 3 years in the 4 years prior to your application.
5. You can't sponsor your spouse since you are not a citizen and not
resident in Canada.
6. If you lose your PR status, then you have to re-apply, no priority and
CHC will question your sincerity in wanting to make Canada your home.
PMM
KS
I, along with my husband, will be going to Toronto this
winter....proposed travel plans for December for little more than a
month. But i guess if i have to lose my status, then i will have no
other option but to reapply.
If i have to reapply, what are my chances of getting another visa ?? Do
you know of any other cases similar to mine ? Since my husband is going
to apply for his visa directly through the High Commission ( anytime in
Sept. 2006 ), can he then apply for me as well, this time, by adding me
as his wife and as a dependent ?? Or do i reapply only after i have
lost my PR Status, thats if i do ?? And if i lose my status, what are
my options to re-enter Canada ? Visit Visa ??
As i am coming in December, would the officer at the Airport deny my
entry ? When i came in this July, he just let me in after a few
questions from his side. I have a PR card which is valid till 2008
which gives me right to enter.
Thanks
mma...@my-deja.com
> As i am coming in December, would the officer at the Airport deny my
> entry ?
If you've failed to meet the residency requirements, your visa is
invalid. Why would they let you in?
> I have a PR card which is valid till 2008
> which gives me right to enter.
It's the PR status that gives you the right to enter: if it's gone,
it's gone.
Personally I'm still amazed that Canada puts up with people who apply
to become permanent residents with no intention of living in Canada.
I'm sure there must be plenty of people in the vast queue of
applications who actually _want_ to live in Canada.
Mark
David Peacock
> Personally I'm still amazed that Canada puts up with people who apply
> to become permanent residents with no intention of living in Canada.
> I'm sure there must be plenty of people in the vast queue of
> applications who actually _want_ to live in Canada.
Hear, Hear!
I have totally lost patience with the number of people I see who are
living in the US on H1B for instance who clearly are using Canadian PR
as a "backup" to stay in North America.
--
David Peacock - davidj...@magma.ca
http://quasicanuck.blogspot.com/
KS
...As i am coming in December, would the officer at the Airport deny my
entry ?
>If you've failed to meet the residency requirements, your visa is
>invalid. Why would they let you in?
............Why would'nt they let me in ? Its not like my 5 yr period
ends as of Dec 2006. My PR card expires only in 2008. I have heard and
read of a lot of people who have managed to stay in Canada, despite the
fact that they do not meet residency requirements and go all illegal to
get what they want. My visa cant be invalid when it is valid. It will
only be invalid after the expiry date...... this is not what i think...
the date is just printed on the card. Its only upon renewal, that i
will lose my status, if i fail to meet the requirements......
> Personally I'm still amazed that Canada puts up with people who apply
> to become permanent residents with no intention of living in Canada.
> I'm sure there must be plenty of people in the vast queue of
> applications who actually _want_ to live in Canada.
............You cant say that people have no intentions of living in
Canada even though they are permanent residents. Everyone has choices
and limitations. Everyone has problems to a certain extent. I have
lived and worked in Canada and i will move there again very soon. The
reason for me to leave Canada was marriage. I was misled by various
immigration consultants and agencies over here in Dubai, who gave me
wrong info. on issues related to permanent residency and maintaining
one's status and this is why today i find myself stuck in a horrid
situation.
............Yes im pretty sure myself that there are lots of people
waiting in line for their visas and who actually think they can live in
Canada. Its not until that they live there, when vast percentage of
immigrants to Canada realize that they have made wrong choices and
eventually go back to their hometown.
spammers>@telus.net PMM
"KS" <ksd...@hotmail.com> wrote in message
news:1153944403....@m79g2000cwm.googlegroups.com...
The expiry date on your PR card is immaterial. For example let say you were
issued your card in Jan/03 and it expires Jan/08, you left Canada the next
day . If you remain outside Canada past Jan/06 there is no way that you can
have 730 days residence prior to Jan/08. The officer would report you for
having lost your PR status, you would be give 30 days to appeal to IAD,
where there is little chance that you would retain your PR status and a
deportation order would probably be issued.
PMM
Jim Humphries
first card and thereafter year by year. Your first 5 year period ended in
March of this year and the next one ends nect year and so on.
--
Jim Humphries, former visa officernews:1153933693....@i3g2000cwc.googlegroups.com...
KS
So does that mean, now when i go in December 2006.... they could refuse
entry to me ? As per the entry systems, dont the officers at the port
of entry only put one's entry date upon arrival ? Coz when we depart,
the officers never even bother to check the PR Card. So as per their
systems, im currently still living in Canada. So wat they probably
would ask me in December is when did i leave after entering in July ?
What if i tell them then that i will be staying in Canada after
December until the renewal of my PR Card ? Would they still refuse my
right to live there, knowing that i might lose my status upon renewal.
I dont want to get stuck at the Immigration for questioning so i want
to be thoroughly prepared.
mma...@my-deja.com
> So does that mean, now when i go in December 2006.... they could refuse
> entry to me ?
Yes. If you don't move to Canada before December, you will not be a PR
anymore.
> As per the entry systems, dont the officers at the port
> of entry only put one's entry date upon arrival ? Coz when we depart,
> the officers never even bother to check the PR Card.
Why would they need to? The airline or shipping line informs them when
you leave the country.
In any case, it's not their responsibility to prove you weren't living
in Canada: it's your responsibility to prove you were. And since you
weren't, that will be a bit difficult.
> So wat they probably
> would ask me in December is when did i leave after entering in July ?
Probably. And if you lie, they'll deport you. And if you don't lie,
you'll have admitted to abandoning your PR status.
You need to decide whether or not you want to live in Canada. If you
do, then you need to get on the first flight you can before you lose
your PR status... and if you do lose it, particularly if you try to
keep it by lying to an immigration officer if you fly over in December,
I doubt they'll look on you too kindly if you re-apply.
Mark
KS
Ok so as per the law, the clock starts ticking backwards as i have been
a Permanent Resident for more than 5 yrs since March 2006. So, i need
to be in Canada by mid november, if i have to qualify for 2/5
regulation and also for my PR card renewal... i know for sure i cant go
that early.... the earliest i can go is in December and say i land in
Canada on the 20th of December, the officer will go back 5 yrs to
December 2001 to check if i had lived 2 yrs in that 5 yr period right
?? In that case, he would see that i have lived 727 days ..... not
730....would he still refuse my entry to Canada ? Considering the fact
that i will be telling him i have come there to live for good from
December onwards ??
If this still doesnt work out and if he still refuses my entry, does
that mean i take the next flight back to where i currently live ? Thats
just ridiculous if i fall short of just a few days.
Correct me if im wrong here, pls, as this whole thing is just getting
too much for me to take at such a short notice.
I fail to understand why the 5 yr rule has to be so confusing for
immigrants......for those who are PR's for less than 5 yrs, the rule
goes ahead with time....( 2 out of the first 5)... but for those who
are PR's for more than 5 yrs, the rule goes backwards (2 out of the
last 5)... Shiiiiiiissssssssh !!!
My first five yr period only ended in March 2006. But just because my
PR card expires in 2008, i have to get back ASAP to accumulate those 2
yrs to qualify for renewal.
I really do want to go back to Canada but not at such a short notice.
Pls tell me if i have to apply for another PR card again, what should i
do....... Should i first wait till 2008 until i have lost my status ?
Or should i give my status up and apply along with my husband in the
future ??
I forgot to mention this earlier but i immigrated to Canada along with
family ( Dad, mom and brother ) who are now Citizens of Canada. If i
lose my status, is there any way they can help me/my husband to get our
residency status ?
KS
> > of entry only put one's entry date upon arrival ? Coz when we depart,
> > the officers never even bother to check the PR Card.
>
> Why would they need to? The airline or shipping line informs them when
> you leave the country.
If the airline has to inform them of one's departure, then why does a
resident have to be grilled with questions upon their next arrival at
the port of entry ? Why cant the officer just pull up that resident's
history on the screen, if everything has been entered into the system
already ? Why does the officer have to then wait for a passenger to
tell him the truth, or lie for that matter on the no. of days he/she
has lived in Canada in the last 5 yr period ?
I do agree that there are ways and means of finding out when one
leaves the country. Coz whenever one leaves Canada, he will enter into
another country with the arrival date being stamped onto the passport.
One cannot be in 2 places at the same time but i doubt if airlines
these days actually inform the immigration officers of a persons
arrival/departure for purposes of residency. Maybe they do, maybe they
dont.....
Thanks
Roges Hyspeed Internot Slurport
> Thanks Mark,
>
> Ok so as per the law, the clock starts ticking backwards as i have been
> a Permanent Resident for more than 5 yrs since March 2006. So, i need
> to be in Canada by mid november, if i have to qualify for 2/5
> regulation and also for my PR card renewal... i know for sure i cant go
> that early.... the earliest i can go is in December and say i land in
> Canada on the 20th of December, the officer will go back 5 yrs to
> December 2001 to check if i had lived 2 yrs in that 5 yr period right
> ?? In that case, he would see that i have lived 727 days ..... not
> 730....would he still refuse my entry to Canada ? Considering the fact
> that i will be telling him i have come there to live for good from
> December onwards ??
>
would lie to the officer ?
> If this still doesnt work out and if he still refuses my entry, does
> that mean i take the next flight back to where i currently live ? Thats
> just ridiculous if i fall short of just a few days.
>
In short yes.
> Correct me if im wrong here, pls, as this whole thing is just getting
> too much for me to take at such a short notice.
>
> I fail to understand why the 5 yr rule has to be so confusing for
> immigrants......for those who are PR's for less than 5 yrs, the rule
> goes ahead with time....( 2 out of the first 5)... but for those who
> are PR's for more than 5 yrs, the rule goes backwards (2 out of the
> last 5)... Shiiiiiiissssssssh !!!
>
I got the gist of it and I am no immigration guru (just a lowly immigrant)
It wanst so difficult and the rules are on the web sites for everyone to
see.
> My first five yr period only ended in March 2006. But just because my
> PR card expires in 2008, i have to get back ASAP to accumulate those 2
> yrs to qualify for renewal.
>
> I really do want to go back to Canada but not at such a short notice.
> Pls tell me if i have to apply for another PR card again, what should i
> do....... Should i first wait till 2008 until i have lost my status ?
> Or should i give my status up and apply along with my husband in the
> future ??
>
You will not be eligible to apply for a new PR card unless to fulfill the
requirement.
> I forgot to mention this earlier but i immigrated to Canada along with
> family ( Dad, mom and brother ) who are now Citizens of Canada. If i
> lose my status, is there any way they can help me/my husband to get our
> residency status ?
>
They could MAYBE help sponsor you with a new application or you may at least
get extra points because they are canadian citizens.
I notice how you try wriggle your way through this and in some cases seem to
deliberatly fail to understand what advice you have been given.
They say that "ignorrance of the law is no excuse" you would appear to fall
into this category.
The general consensus is that you will likely loose status if you come after
the date given by others.
You state that you may come but not stay.
it appears you want help in mis-representing yourself to an immigration
officer, nobody can help you but yourself !
SSsshheeeessshh !!!!!
mma...@my-deja.com
> If the airline has to inform them of one's departure, then why does a
> resident have to be grilled with questions upon their next arrival at
> the port of entry ?
You're only likely to be grilled if they think there's a problem...
which there will be if you try to enter Canada in December on a PR visa
when you haven't met the residency requirements.
> Why does the officer have to then wait for a passenger to
> tell him the truth, or lie for that matter on the no.of days he/she
> has lived in Canada in the last 5 yr period ?
Because you're not living in Canada and you'll have failed to meet the
requirements of your PR visa. If you tell the truth about how much time
you've spent there then you're no longer a PR by your own admission, if
you lie then you committed a crime and can be deported.
> I do agree that there are ways and means of finding out when one
> leaves the country.
Indeed: the immigration officer can see it on their computer screen.
And they can see that you've failed to meet Canada's incredibly lax
residency requirements: I believe most countries will pull your
resident status if you're out of the country for more than six months.
> One cannot be in 2 places at the same time but i doubt if airlines
> these days actually inform the immigration officers of a persons
> arrival/departure for purposes of residency.
These days we have things called 'computers'. When the checkin staff
scan your passport your details go into the airline computers, and when
the flight leaves with you on it, your details are passed on to the
immigration computers. And when you come back, the immigration officer
has that information on their computer screen.
You can complain here all you like, but the reality is that either you
move to Canada for two years before October, or you've lost your PR
status. No amount of complaining will change that.
Mark
KS
said i was going to consider living there after December.
>I notice how you try wriggle your way through this and in some cases seem to
> deliberatly fail to understand what advice you have been given.
> They say that "ignorrance of the law is no excuse" you would appear to fall
> into this category
I am not trying to wriggle my way through... GET THAT STRAIGHT !!!! I
am just trying to get facts str8. I was given a lot of wrong info in
the place that im currently living at. Yes its true that ignorance of
the law is no excuse, but wrong advice given from immigration
consultants is no excuse either.....and i dont fall into the ignorance
category, i fall into the the "wrong advice given by consultants"
category.
> I got the gist of it and I am no immigration guru (just a lowly immigrant)>
If you are not an immigration guru, please dont try to judge a person's
intentions if their out of canada. If i have failed to understand some
rules, its because i have been guided in the wrong way by the wrong
sources and i have come to know that now. I came here to look for a
solution from all the experts out here and not to be told im a
FAILURE....
I now know what i need to do.
Thanks
Roges Hyspeed Internot Slurport wrote:
KS
said i was going to consider living there after December.
>I notice how you try wriggle your way through this and in some cases seem to
> deliberatly fail to understand what advice you have been given.
> They say that "ignorrance of the law is no excuse" you would appear to fall
> into this category
I am not trying to wriggle my way through... GET THAT STRAIGHT !!!! I
am just trying to get facts str8. I was given a lot of wrong info in
the place that im currently living at. Yes its true that ignorance of
the law is no excuse, but wrong advice given from immigration
consultants is no excuse either.....and i dont fall into the ignorance
category, i fall into the the "wrong advice given by consultants"
category.
> I got the gist of it and I am no immigration guru (just a lowly immigrant)>
If you are not an immigration guru, please dont try to judge a person's
intentions if their out of canada. If i have failed to understand some
rules, its because i have been guided in the wrong way by the wrong
sources and i have come to know that now. I came here to look for a
solution from all the experts out here and not to be told im a
FAILURE....
I now know what i need to do.
Thanks
Roges Hyspeed Internot Slurport wrote:
David Peacock
> I am not trying to wriggle my way through... GET THAT STRAIGHT !!!!
Do not shout at people who are trying to help you, it's not becoming.
You are being deliberately obtuse. You are asking questions, receiving
the answers, finding that the answers do not meet with your wants, then
trying to reword your questions so as to alter the answers.
This method will not work.
At the end of the day, I don't care if you come all the way to Canada,
based on *your* understanding of the rules. It makes no difference to
me, the immigration officers will set you straight when you land.
> I came here to look for a solution from all the experts out here and
> not to be told im a FAILURE....
I don't recall seeing anyone call you a failure, please do not put words
into other peoples mouths.
You have been provided a solution. You just don't like that solution.
> I now know what i need to do.
Really? Because I'm not sure that the message is being received very
well.
> Thanks
Welcome, now don't let the door hit your butt on the way out.
KS
fight. Yes but i do not appreciate it if im given a solution by someone
( which i greatly appreciate ) and then told that i fail to understand
it. I did not say that the answers arent meeting up with my wants. And
im not trying to alter any of my questions or answers. Ther is a
statement what Mark typed earlier " seem to fail to understand what
advice has been given to you "..... i havent failed to understand
anything. On the contrary, im quite thankful to all the advice given to
me by everyone here. But appropriate words need to used out here.... im
not a criminal, nor a smuggler trying to wriggle around the
system....im just an ordinary person trying to find out some
information.
I know that if i dont clear my doubts, the immigration officers at the
end of the day will set me straight when i reach there, so thats why i
want to clear myself of all doubts first. I was filled with all the
wrong information in the first place from Canadian immigration
consultants, but i cant blame them coz i wont achieve anything out of
it.
My words of " I now know what i need to do " is based on all the
advice i have read through in this forum. I have been told to go back
to Canada by mid november or lose my status. So im just going to decide
from one of the options. Its not the end of the world. Everything is
clear now.
mma...@my-deja.com
> Ther is a
> statement what Mark typed earlier " seem to fail to understand what
> advice has been given to you "
I didn't write that. You might want to check who replied to you before
attributing it to someone else.
Mark
Roges Hyspeed Internot Slurport
> David, i am not trying to shout at anyone. The last thing i wud do is
> fight. Yes but i do not appreciate it if im given a solution by someone
> ( which i greatly appreciate ) and then told that i fail to understand
> it. I did not say that the answers arent meeting up with my wants. And
> im not trying to alter any of my questions or answers. Ther is a
> statement what Mark typed earlier " seem to fail to understand what
> advice has been given to you "..... i havent failed to understand
> anything.
Don't blame Mark for your inability to read posts correctly !
It was me who made that remark, One that I stand by.
And yes you were shouting ! All caps is considered shouting in newsgroups
and forums.
KS
trying to make myself clear. I do not know how much more i shud say
that.
Im sorry Mark if i pulled u into this..... i saw ur name listed below
the message....
Roges Hyspeed Internot Slurport wrote:
David Peacock
> I have been told to go back to Canada by mid november or lose my
> status. So im just going to decide from one of the options. Its not
> the end of the world. Everything is clear now.
Good, all the best to you.