Number of days to stay in Canada in a PR

[mmakshay67]

Hello,

It is said that to meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

This 5 year period, from when do they consider as a start date for the five year period. Do they take it as the day I entered Canada as a PR, or the day my CoPR was issued, or is there any other day.

Thank You

 

[21Goose]

The first five year period starts from the day you land. Every other five year period is five years prior to the day of applying/questioning etc.

For example - you land as a PR on 1 Jan 2020. Your first five year period is 1 Jan 2020 - 1 Jan 2025.

Your subsequent five-year periods are on a rolling basis. So if CBSA asks you a question on 2nd Jan 2025, the five year period they are looking at is 2 Jan 2020-2 Jan 2025. And so on.

The first five year period is the only one in which prospective/future days are counted for RO. Taking the dates above, you landed on 1 Jan 2020. So CBSA cannot say you are breaching residency obligation till 2 Jan 2023, at which point it becomes mathematically impossible to have 730 days in the five year period. If you leave Canada on 1 Jan 2020 (same day you land), you can return any day before 2 Jan 2023 and still be maintaining RO.

In all other five year periods, they do not count any future days.