Residency calculation

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Subject: Residency calculation
  How is the residency being calculated?


My wife got her PR status in March 2007. After spending 2 weeks in Canada for the landing purpose, she returned to her country of origin to continue working. Recently she returned to Canada in September 2010 with a new passport and has decided to stay in Canada permanently since the whole family is here. She has calculated that she will be 6 months short of the required 2 years out of 5 years residency when her card expired in March 2012.

Can she continues to stay in Canada after her PR card expired in March 2012 and applies for renewal in September 2012?

[02-01-2011,00:03]
[**.241.140.111]
Tan
(in reply to: Residency calculation)
Hi Tan,

Why would she apply for Renewal in September 2012? Her card is expiring in March 2012?

If I am not wrong, she has to apply atleast 30 days before her card is expiring.

Nisha

[03-01-2011,12:21]
[***.29.196.10]
Nisha
(in reply to: Residency calculation)
What has to do the expiry date in her card with her PR status?

30 days before WHAT? Way off! Shouldn´t advise people when you don´t know.

If you are 6 months short with your residency you are 6 months short, that´s it, there is no way around it. You can justify it but it is still 6 months short that you may have to explain.

You may apply for a new PR card ANYTIME, worse case scenario she would have to submit her current PR card and wait for a decision from the officer.

Here it goes:

The officer either gives her a new card or calls her in for an interview to ask a few things. Depending on that, either she gets a new card or CIC comes after her PR status and after a long annoying court process and appeals, either she stays or CBSA kicks her out of the country.

That´s it.

The expiry date in the PR HAS NOTHING TO DO with her PR status.
PR cards are required for traveling, not to live in Canada.

[03-01-2011,14:34]
[***.115.153.178]
DocD
Residency calculation (in reply to: Residency calculation)
Thank you both Nisha and Docd.

Another question: Is it true that if my wife stays 2 full years and renew her PR card after September 2012, CIC will not question on her previous failure to fulfill her 2 year residency.

Thanks

[03-01-2011,18:17]
[**.241.140.111]
Tan
(in reply to: Residency calculation)
Well DocD touched on it a bit. It is 730 days in any five year period. Those citizens from countries that require a Visitor Visa to travel to Canada must have a valid PR card to board the aircraft.

Now the CIC Officer assesses those time frames by the dates you list on your PR Card renewal form and the stamps in your passport.

The forms are far easier to assess and count the days.

There is no requirement to keep old passports under the Act for any PR card holder.

Now if you have a new Passport that shows no travel in the last two and half years the quality evidence to assess that you have been in violation is very limited.

Roy
cvimmigration.com

[04-01-2011,10:04]
[**.70.67.123]
Roy
Reply to roy (in reply to: Residency calculation)
Thank you very much Roy.... I sincerely value and appreciate your addition remarks on the topic.

cheers

[04-01-2011,17:54]
[**.241.140.111]
Tan
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