PR renew- how is the residency days are calculated

[seattlecalgary]

Hello I became PR in November 2019 and my PR card will expire in November this year and I stayed in Canada 670 days since PR, and stayed in Europe for a family emergency for 580 days in 2021 and 2022. Now, I would like to renew my PR card in April or May this year depends on the days I need to have to be in Canada.

Question 1 - When I entered the days in the IMM5444e, that is outside of Canada is less than 1095 days, so I could apply because I still have the valid PR until November. Should I apply when I have min 730 stay in Canada? Should I be Ok apply with the IMM544e form details? Looks like the form is based on being outside of Canada.

Question 2 - My father had a cancer treatment in 2021 and 2022 in Europe, so I stayed 580 days in Europe straight. I had also a baby in 2022 and I could not travel because of Covid in 2021 and 2022. I am in IT industry and my Canadian company allowed me to work remote outside of Canada that time. I have all the phone number, bank accounts, address etc. in Canada, so my accountant mentioned I am considered as the tax resident, and I paid tax as the tax resident, I am in Canada now, just travelling to Europe once a while to follow up my dad cancer treatment. Still working for the same company. Could Immigration make this is the problem, and start to ask questions being outside of country about these year? Is immigration checking these kind of the details with CRA? Otherwise my days in Canada will be Ok to renew my PR.

Thanks all.

 

[armoured]

Hello I became PR in November 2019 and my PR card will expire in November this year and I stayed in Canada 670 days since PR, and stayed in Europe for a family emergency for 580 days in 2021 and 2022. Now, I would like to renew my PR card in April or May this year depends on the days I need to have to be in Canada.

Question 1 - When I entered the days in the IMM5444e, that is outside of Canada is less than 1095 days, so I could apply because I still have the valid PR until November. Should I apply when I have min 730 stay in Canada? Should I be Ok apply with the IMM544e form details? Looks like the form is based on being outside of Canada.

Question 2 - My father had a cancer treatment in 2021 and 2022 in Europe, so I stayed 580 days in Europe straight. I had also a baby in 2022 and I could not travel because of Covid in 2021 and 2022. I am in IT industry and my Canadian company allowed me to work remote outside of Canada that time. I have all the phone number, bank accounts, address etc. in Canada, so my accountant mentioned I am considered as the tax resident, and I paid tax as the tax resident, I am in Canada now, just travelling to Europe once a while to follow up my dad cancer treatment. Still working for the same company. Could Immigration make this is the problem, and start to ask questions being outside of country about these year? Is immigration checking these kind of the details with CRA? Otherwise my days in Canada will be Ok to renew my PR.

Thanks all.

-You can apply nine months before your PR card expires.
-You are in compliance if time outside Canada is less than 1095 days. You don't have to explain other stuff.
-It seems you only need about ~100 days between now and November to be in compliance, i.e. as long as you don't travel so that you exceed the 1095 days.

BUT: we can't tell you if it might get delayed because you are not at 730 days/doing some travel while it's being processed. Frankly I'd just advise to be prepared to not be able to have convenient travel outside Canada after November. If you have an ETA passport, you could always enter Canada via usa land border.

 

[seattlecalgary]

-You can apply nine months before your PR card expires.
-You are in compliance if time outside Canada is less than 1095 days. You don't have to explain other stuff.
-It seems you only need about ~100 days between now and November to be in compliance, i.e. as long as you don't travel so that you exceed the 1095 days.

BUT: we can't tell you if it might get delayed because you are not at 730 days/doing some travel while it's being processed. Frankly I'd just advise to be prepared to not be able to have convenient travel outside Canada after November. If you have an ETA passport, you could always enter Canada via usa land border.

Thanks a lot for your response. So, I will wait for 3 months (around 90 days more), so my days in Canada will be around 760 (since I got the PR card in 2019 November), and I will apply to PR to be safe. I wil travel again when I get new card. Correct?

 

[armoured]

Thanks a lot for your response. So, I will wait for 3 months (around 90 days more), so my days in Canada will be around 760 (since I got the PR card in 2019 November), and I will apply to PR to be safe. I wil travel again when I get new card. Correct?

Obviously I'm not checking your arithmetic.

If you can wait and apply after you get to / over 730 (ideally with eg 30 days buffer, depending how compli9cated your travels were), then all the better. That should reduce chances of delay in getting the card done.

Once you're at / over the 730 days and have applied, I don't think any real need to limit your travel. Possibly you'd be better to be cautious if long travel and you have days from early in your landing period, as some days will drop out of the 'last five years' calculation.

 

[seattlecalgary]

Obviously I'm not checking your arithmetic.

If you can wait and apply after you get to / over 730 (ideally with eg 30 days buffer, depending how compli9cated your travels were), then all the better. That should reduce chances of delay in getting the card done.

Once you're at / over the 730 days and have applied, I don't think any real need to limit your travel. Possibly you'd be better to be cautious if long travel and you have days from early in your landing period, as some days will drop out of the 'last five years' calculation.

Thanks a lot

 

[dpenabill]

My timeline is below:

• Moved to Canada in - November 2018
• Get the PR in ( that is also the PR card issue date) - November 2019
• PR Card expiration date - November 2025.

Question: I will apply for a PR renewal card in May; could I consider the days between May 2018- and November 2018 (the days before PR, but they are in the last 5 years) to reach the 730-day minimum stay in Canada? Or do I need to consider only the days after the PR card issue?

Thanks

PR card expiration date is November 2024. So I could apply in May 2024.

Could I leave Canada after I apply for the PR card since I have a valid PR card until November?

The quotes above are from the other topic you started which, essentially, is likewise about WHEN to make a PR card application and other considerations involved in doing that.

I was picky there, and will continue to be picky. This is February 2024. If you made a PR card application today (let alone some future date), the relevant five years would NOT include any days from "between May 2018- and November 2018," all more than five years ago. Here again, I realize you are actually asking about a period of time prior to November 2019, assuming you mean between May and November 2019, a period of time prior to when you became a PR.

As @armoured responded in the other topic, NO, days in Canada when you were NOT a PR do not count as days in Canada as a PR. Unlike @armoured I do not find it "weird" (or incongruous) that days in Canada as a temporary resident are given some credit (half day for each day in Canada, up to a maximum of 365 days credit) toward meeting the grant citizenship requirements. The difference is important. The reasons for the difference are part of the parliamentary record which, in large part, represented the implementation of campaign promises the Liberals made in the 2015 election.

Back to the dates: For a PR cutting-it-close, as it appears you are, the dates are not just important they are the key, essential factors. The numbers. The arithmetic. Especially if you are traveling outside Canada in the near future.

Meanwhile, the current PR card application form provides an excellent tool for PRs calculating their RO compliance. If question 5.5 is properly filled out, including a complete and accurate travel history, it will clearly indicate whether the PR is complying with the RO. If the total number of days outside Canada is fewer than 1095, the PR is in RO compliance.

Otherwise it should be obvious that anytime a PR leaves Canada they should keep track of if and when they might fail to still be in RO compliance. For the PR cutting-it-close it is not about just leaving Canada, but about for how long. The PR card application form, question 5.5, can be used to calculate compliance based on future, hypothetical dates. If, for example, you were planning a month long trip outside Canada around June, you can plug in the likely dates of travel using a hypothetical date of application after the planned date of return. If it still shows less than 1095 days outside Canada, the PR is still in compliance.

So, back to your question, about whether it would be prudent for you to leave Canada after applying for a new PR card, in terms of potential impact on your Canadian PR status (as noted, of course whether you can leave depends on where you are going, not your PR status). It DEPENDS. Some of the factors it depends on:

-- processing:​

-- -- if the PR is outside Canada for an extended period of time after making a PR card application, that increases the risk of non-routine processing, leading to a longer timeline for getting a new PR card​

-- -- risk of required in-person PR card pick-up is higher for PRs outside Canada after making the PR card application​

​

-- the NUMBERS:​

-- -- is the PR in RO compliance as of day the PR card application is made? if not, bad idea to leave Canada​

-- -- will the PR no longer be in RO compliance due to the number of days outside Canada after applying? best to get back to Canada before breaching the RO​

​

-- H&C considerations:​

-- -- is the PR willing to risk relying on making a H&C case for keeping PR status? you mention what appear to be H&C factors explaining reasons for extended absences from Canada; thing is, even though the numbers are a big, big part of the H&C calculus, in their decision-making the PR should clearly separate relying on being in RO compliance (the safe way to go) versus relying on H&C relief for breaching the RO​

Again, for the numbers use the PR card application form. Question 5.5. It works. Just need to be complete and accurate. Meanwhile, there are many, many variable combinations and contingencies. There are good, obvious reasons why forum participants, as @armoured noted, are NOT "checking your arithmetic." BUT you absolutely should be checking, and double-checking your arithmetic. Including the precise dates of travel. Question 5.5 in the application will guide you through.