PR status dilemma

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arniem

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PR status dilemma
« on: March 10, 2016, 12:40:31 AM »
Hello! I am uncertain as to whether I was able to maintain my PR status since I was not able to live in Canada for 2 years. The immigration website states that  living outside of Canada long enough that I do not meet the residency requirement does not automatically make me lose my permanent residency. My PR card will not expire until Dec 2016 and I plan to re-enter Canada after finishing university in my country sometime around May 2016. Is there any way that I can verify that I still have my PR status and can return to Canada without any immigration problems? Should I renounce my PR status and then apply for another visa or is it possible to renew my visa here in my country?

Any advice will be much appreciated.

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Riley Haas

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Re: PR status dilemma
« Reply #1 on: March 10, 2016, 08:48:43 AM »
If you are entering Canada before your PR Card expires, you will not lose your status.

However, if you renew your PR Card before meeting the residence requirement, or you do not return to Canada before December 2016, you will likely lose your status.

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arniem

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Re: PR status dilemma
« Reply #2 on: March 10, 2016, 08:11:33 PM »
Thank you for your quick response. Does that mean that when I re-enter Canada before December 2016, immigration won't put me on hold at the airport or ask questions about not meeting the residency requirement? Won't immigration officers in Canada send me back to my country when they see that I did not meet the residency requirement?

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Riley Haas

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Re: PR status dilemma
« Reply #3 on: March 11, 2016, 08:57:50 AM »
Hi again,
So, two things to keep in mind:
First, CBSA (the people at the airport), are not IRCC (formerly CIC, the immigration people). Even if IRCC had a record of you not meeting your residence requirements, they would need your permission to share it with CBSA. And even if CBSA had a record of you leaving the country, they would need your permission to share it with IRCC. (Sometimes Permanent Residents are asked to give permission to CBSA to share their entry information with IRCC.)
Second, as it stands, Canada does not record exits from the country (though this may change in the future). So, they (CBSA) don't know when you left.
The way IRCC finds out about your residence in Canada is when you renew your PR Card. And that's why it's important to come back to Canada before it expires and stay here until you meet the requirements, and only then renew.
Make sense?

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arniem

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Re: PR status dilemma
« Reply #4 on: March 11, 2016, 07:03:23 PM »
Last question, when entering Canada I am required to complete the CBSA declaration card right? And I think there's a part in the card where I have to write the date I left Canada. Wouldn't they know through that that I didn't meet the residency requirement? 
« Last Edit: March 12, 2016, 04:14:23 AM by arniem »

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Riley Haas

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Re: PR status dilemma
« Reply #5 on: March 14, 2016, 10:02:04 AM »
Good question. Yes, I believe you are required to write the date you left Canada. But this card is solely for customs limits, to my knowledge.
The only way to truly determine the answer to your question - can these customs slips be used to establish that you were not in Canada? - would be to file an Access of Information Request http://www.immigroup.com/freedom-information-act-foia-requests-access-information with CBSA, inquiring as to that.
But, it's moot provided your card is still valid when you land here. As long as it is, you're okay to enter. They may not like that you've been outside the country, but they shouldn't investigate you unless your card has expired. So come back before the expiry, as I said, and wait it out.

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arniem

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Re: PR status dilemma
« Reply #6 on: March 16, 2016, 02:25:33 AM »
Will do! Thanks so much!     ;D

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Riley Haas

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Re: PR status dilemma
« Reply #7 on: March 16, 2016, 10:03:03 AM »
Good luck to you!

 

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