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Confusing about the "past five years period", Please help

Baivoom

Newbie
Sep 24, 2017
6
0
from http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Minimum residency obligations
....
  • you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
...


June 1st 2012 ----------------- First landing and got PR (Present 214 days)
2013 ----------------- Canada (Present 365 days)
July 1st 2014 ------------------- Left Canada (Present 181 days)
2015 ------------------- Outside Canada (0 days)
2016 ------------------- Outside Canada (0 days)
Dec 1st 2017 ------------------- Came back (Present 31 days)
Jan 1st 2018 ------------------- Left Canada

1. What is the past five years period, for example:

If they count present days for past five years at the day of December 31 2018,
Do they count days within past five years from Jan 1st 2013 to Dec 31 2017 OR from Jan 1st 2014 to Dec 31 2018 ?

2. According to the record, if the person is going to leave Canada at Jan 1st 2018, does it mean he will not be able to meet the obligation event he leave Canada only one day? (from 2013 to 2017, 365 + 181 + 31 < 730)


Thanks very much for your help
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
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lossada

Hero Member
Sep 5, 2017
279
80
from http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Minimum residency obligations
....
  • you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
...


June 1st 2012 ----------------- First landing and got PR (Present 214 days)
2013 ----------------- Canada (Present 365 days)
July 1st 2014 ------------------- Left Canada (Present 181 days)
2015 ------------------- Outside Canada (0 days)
2016 ------------------- Outside Canada (0 days)
Dec 1st 2017 ------------------- Came back (Present 31 days)
Jan 1st 2018 ------------------- Left Canada

1. What is the past five years period, for example:

If they count present days for past five years at the day of December 31 2018,
Do they count days within past five years from Jan 1st 2013 to Dec 31 2017 OR from Jan 1st 2014 to Dec 31 2018 ?

2. According to the record, if the person is going to leave Canada at Jan 1st 2018, does it mean he will not be able to meet the obligation event he leave Canada only one day? (from 2013 to 2017, 365 + 181 + 31 < 730)


Thanks very much for your help
becareful
(5 years or 6 years) it is a period of time (it is a window)
for instance you will not meet the RO in 2018 because year 2012 will not counting

http://www.cic.gc.ca/english/pdf/kits/citizen/CIT0407E-2.pdf (old law)
http://www.cic.gc.ca/english/information/applications/index.asp
 
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Buletruck

VIP Member
May 18, 2015
6,698
2,538
Since you have passed the initial 5 year oeriod, it's now a rolling 5 years. So any date before September 24 2012 is no longer counted. As of Dec 31, 2017 you would have 365/181/31 and would not be in compliance with RO. The previous 5 year rule is now from the date of entry or renewal back 5 years from that day. You are in fact, not in compliance right now based on your days in Canada. If you were to leave Jan1,2018, it would in fact make it worse as days spent in 3013 would start dropping off.
 
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Baivoom

Newbie
Sep 24, 2017
6
0
Thank you so much, friends, I recalculated my days.
I feel real happy to meet great people here and get your kind help.
 

Baivoom

Newbie
Sep 24, 2017
6
0
Since you have passed the initial 5 year oeriod, it's now a rolling 5 years. So any date before September 24 2012 is no longer counted. As of Dec 31, 2017 you would have 365/181/31 and would not be in compliance with RO. The previous 5 year rule is now from the date of entry or renewal back 5 years from that day. You are in fact, not in compliance right now based on your days in Canada. If you were to leave Jan1,2018, it would in fact make it worse as days spent in 3013 would start dropping off.
Thank you
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Thank you so much, friends, I recalculated my days.
I feel real happy to meet great people here and get your kind help.
As you don't meet the RO, there is a definite possibility of being reported upon entry. Unless you have strong H&C reasons for remaining outside of Canada, you would lose your PR status.
 
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Baivoom

Newbie
Sep 24, 2017
6
0
As you don't meet the RO, there is a definite possibility of being reported upon entry. Unless you have strong H&C reasons for remaining outside of Canada, you would lose your PR status.
Thank you, the list is an example for precisely explaining my questions, my situation in fact is better than that.