1095 day rule - will a short visit comply?

[kennykill]

Hello,

As the title of this thread suggests, I'm coming close to 1095 days outside of Canada. I've been out of the country since March 2009 (when my PR card was issued), but am returning this weekend for a job interview.

A few queries;

• if I travel on my PR card (as opposed to my birth country passport) will this short trip comply with the rule?
• if yes, I presume my total days outside Canada reverts to 0 days when I leave?
• what days can I use when I renew the card? On my previous trip to activate my residency, I stayed 10 days. Can I use these days to count towards my 720 target or can I only count days that I permanently move to Canada?

Just as another scenario, if I travel on my birth country passport to Canada but present my PR card at my port of entry, is there any implications?

Thanks!

[AllisonVSC]

I usually present both my PR card and my passport when entering Canada. I think if you are a PR you are expected to enter as one by showing the card (not as a visitor by just showing your passport).

As to the PR residency obligation, you need 730 days (not 720 as you mentioned) in the previous 5 year period. For residency, any part of a day spent in Canada counts as one full day.

There is no reverting to zero days by traveling in and/or out of Canada...when you renew your PR card you must have at least 730 in the previous 5 year period.

If you read a few other threads in this folder you will see Leon explaining what seems to happen at the border when PRs return after a long absences.

[Baloo]

Last time I was at the border returning to Canada, there was a guy getting "an earful" from the IO, because he did not present his PR card with his passport.

[Leon]

If you are coming close to 1095 days outside Canada, you will have to stay in Canada for the next 2 years in order to meet the residency requirements in that 5 year period.  Your days outside Canada do not "reset" when you go to Canada.  You need to meet the residency requirements of 730 days in Canada in your first 5 years as a PR and any rolling 5 year period after that.

[us2yow]

Leon,

based on what you said:

if one did not meet 730 days in the first 5 years, one just then waits past PR card expiry date and remains in Canada (after PR card expiry date) and then accumulates enough time after PR card expiry to have atleast 730 days in the last 5 years (the reference point of "today" for previous 5 years calculation having now moved ahead on the calendar).

Once the 730 days or more are accumulated, the person can then be considered "ready" in principle to apply for PR renewal (by mailing the now expired card with PR renewal package). 

Yes ?

[Leon]

if one did not meet 730 days in the first 5 years, one just then waits past PR card expiry date and remains in Canada (after PR card expiry date) and then accumulates enough time after PR card expiry to have atleast 730 days in the last 5 years (the reference point of "today" for previous 5 years calculation having now moved ahead on the calendar).

Once the 730 days or more are accumulated, the person can then be considered "ready" in principle to apply for PR renewal (by mailing the now expired card with PR renewal package). 

Yes, if you get into Canada without meeting the residency requirements and this actually seems quite common as they don't have exit checks yet, you can just let your PR card expire and wait until you have completed 730 days and then apply to renew.  They only ask for the 5 year period immediately before you applied.

However, if you can meet the residency requirements, that would be better.  If you risk staying outside too long, it is possible that when you want to enter, the immigration officer will report you for not meeting the residency requirements.  If they do, you will have to appeal for your PR and unless you have H&C grounds for why you couldn't, you will probably lose the appeal and your PR.  From what I have heard, it is not that common to get reported but what could also happen is that at the time you are still outside Canada and don't meet the residency requirements, something happens to your PR card.  It might get lost, damaged or stolen.  If you are visa exempt, you would be able to get to Canada anyway and try your luck with the immigration officer on entry but if you are not visa exempt, you will need a travel document and you will certainly not get it without concrete H&C grounds for why you couldn't meet the requirements.

[kennykill]

What I mean about days reverting to 0, I'm talking about the consecutive days outside Canada. When I return to Ireland on Sunday, will I automatically be allowed another 1095 consecutive days outside Canada? I'm fully aware of the 730 day rule and PR card expiry, I'm just concerned about getting back into the country if a job offer comes through after March.

[Leon]

What I mean about days reverting to 0, I'm talking about the consecutive days outside Canada. When I return to Ireland on Sunday, will I automatically be allowed another 1095 consecutive days outside Canada? I'm fully aware of the 730 day rule and PR card expiry, I'm just concerned about getting back into the country if a job offer comes through after March.

There is no consecutive 1095 day rule.  It is the grand total number of days (consecutive or not) you are allowed to be outside Canada during your first 5 years as a PR or any 5 year period after that.  You could have used up your 1095 days in one long stay outside Canada or with many short trips.

1095 days = 3 years and 730 days = 2 years so if you have been outside Canada for 1095 days total, you have already used up your whole 5 year allowance.  That means in order to meet the residency requirements, you must stay in Canada for the next 2 years.  If you were allowed to leave for 1095 days and then come back, spend a day and leave again for 1095 days, when would your 730 days of stay be?

However, it doesn't seem to be too hard to get into Canada even if you don't meet the residency requirements.  They might give you a lecture but they don't seem to report people very often.  If they were to report you, you could lose your PR.  If you get in, as I said above, don't apply to renew your PR card unless you have your 730 days in the previous 5 years.  Your PR card can expire and it will not affect you if you are in Canada but if you apply early, you will have problems.