Residance obligation for PR in canada.

[jssandhu]

Hello sir,

I am PR in canada since 08/12/2010 with my wife and 11 years son also PR status in canada.My PR card will expire( expiry date mentioned on PR card) is 14/01/2016.My question is that My five years will end on 07/12/2015 or on 13/01/2016 ( on the date mentioned on PR card exipry).Another question is that i counted and found that 15 days will remaining short to clear the 730 days( if five years counted till 07/12/2015) presence in canada to renewal of PR card and maintain PR status.Pl tell me can there any problem arises i renewal PR card or PR status .my wife and son clear have applied for citizenship.Kindly clarify as soon possible.

Thanks & Regards,
Jagdev singh

 

[zardoz]

Hello sir,

I am PR in canada since 08/12/2010 with my wife and 11 years son also PR status in canada.My PR card will expire( expiry date mentioned on PR card) is 14/01/2016.My question is that My five years will end on 07/12/2015 or on 13/01/2016 ( on the date mentioned on PR card exipry).Another question is that i counted and found that 15 days will remaining short to clear the 730 days( if five years counted till 07/12/2015) presence in canada to renewal of PR card and maintain PR status.Pl tell me can there any problem arises i renewal PR card or PR status .my wife and son clear have applied for citizenship.Kindly clarify as soon possible.

Thanks & Regards,
Jagdev singh

The first 5 years is based on the date that you landed as a permanent resident. The expiry date of the PR card is irrelevant. If you attempt to renew your PR card and you don't meet the residence obligation, you risk being reported and eventually having your PR status revoked.

 

[zardoz]

Thanks for valuable and fast response.please tell me that if i will go there and will stay permenently.then what will happen with my PR status if only 15 days will be short .My family was in canada permenently during my absences.what can i do.pl give me suggestion to avoid problems .

Thnaks & regards

Really, the only solution is for you to return to Canada permanently until you comply with the residency obligation requirements and only then apply for renewal of the PR card. Your PR "status" is independent from your PR "card", which, in theory, is only a "travel document". This subject has been covered in great detail in other posts in this section of the forum.

 

[jssandhu]

Thanks again for reply.
Pls tell me that i can apply for renewal of my PR card after completing or stay short 15 days(15 days short out of 730 days in 5 year window) to meet RO or only after 2 yrs straight stay in canada.kindly suggest .

Thanks & Regards

 

[Leon]

Thanks again for reply.
Pls tell me that i can apply for renewal of my PR card after completing or stay short 15 days(15 days short out of 730 days in 5 year window) to meet RO or only after 2 yrs straight stay in canada.kindly suggest .

Thanks & Regards

You need to meet the 730 days in 5 years RO. If you have 715 days, you do not meet the RO and should not apply.

 

[jssandhu]

thanks for quick reply.you means 2 yrs continuous straight stay required in canada for PR card renewal or can renew after completing 15 days that are short days in my case.pls suggest.

thanks & regards

 

[zardoz]

thanks for quick reply.you means 2 yrs continuous straight stay required in canada for PR card renewal or can renew after completing 15 days that are short days in my case.pls suggest.

thanks & regards

It doesn't matter how the required 730 days is accumulated. If you have been inside Canada for 730 days (or more) within the 1825 days before the date you submit your renewal application, you are OK

 

[jssandhu]

thanks for reply.
I landed first time in canada on 08/12/2010 and my 5 years window will close on 07/12/2015.my question is that the 15 days are remaining short/less to fulfill my RO (during 08/12/2010 to 07/12/2015 = 5 years first window ) and renewal of PR card.can i apply for renewal of my PR card after clearing or staying more 15 days after my first 5 years window closing on 07/12/2015 means after 22/12/2015 or not? second question is if answer is no then i have to stay straight for 02 years and then apply for renwewal of PR ? kindly suggests me what i can do as per rules.

Thanks & regards

 

[Leon]

thanks for reply.
I landed first time in canada on 08/12/2010 and my 5 years window will close on 07/12/2015.my question is that the 15 days are remaining short/less to fulfill my RO (during 08/12/2010 to 07/12/2015 = 5 years first window ) and renewal of PR card.can i apply for renewal of my PR card after clearing or staying more 15 days after my first 5 years window closing on 07/12/2015 means after 22/12/2015 or not? second question is if answer is no then i have to stay straight for 02 years and then apply for renwewal of PR ? kindly suggests me what i can do as per rules.

Thanks & regards

You must meet the RO over a 5 year period. You can not claim to immigration that over a period of 5 years and 2 weeks, you meet the RO because then you don't. For example, if you don't have 730 days between 08/12/2010 and 07/12/2015, you can not look at the period 08/12/2010 until 22/12/2015 because that is more than 5 years. You would have to look at 23/12/2010 until 22/12/2015. If you don't meet it then, you will have to wait longer until such a time that you have 730 days in a period that is no longer than 5 years.

How long you would have to stay without renewing depends on when your time stayed and when your absences were. If you are coming back from spending more than 3 years outside Canada, you will certainly have to stay for a full two years before renewing because the 3 years spent outside will prevent you from being able to have 730 days in any 5 year period until you have stayed for a full 730 days after your long absence.

 

[jssandhu]

thanks for reply.
I am bringing in your kind notice( TRAVEL AND STAY HISTORY IN CANADA TILL DATE) that i lived 01 month after landing in 2010 .06 month in 2011 and full absence in 2012 and 01 month in 2013 and 03 month in 2014 till month of Aug.2014.what can i do for best results ( to apply for renewal of my PR card).

 

[Leon]

thanks for reply.
I am bringing in your kind notice( TRAVEL AND STAY HISTORY IN CANADA TILL DATE) that i lived 01 month after landing in 2010 .06 month in 2011 and full absence in 2012 and 01 month in 2013 and 03 month in 2014 till month of Aug.2014.what can i do for best results ( to apply for renewal of my PR card).

Can you post your actual travel dates, then I will figure it out for you.

 

[jssandhu]

thanks for reply.My traveling dates are :-

visit Arival date Departure date
at canada airport at canada airport

vist 1 :- 08/12/2010 to 31/12/2010.

visit 2 :- 20/04/2011 to 24/10/2011.

visit 3 :- 28/06/2013 to 13/07/2013.

visit 4:- 27/12/2013 to 18/01/2014.

visit 5 :- 09/06/2014 to 08/08/2014

thanks & regards

 

[Msafiri]

I calculate you as having 312 days towards your RO. You need another 418 days to get to 730 days. Between today Oct 28, 2014 to the 5th anniversary of your landing date for RO purposes (inclusive count) to Dec 7, 2015 there are 405 days. You can't make the RO even if you are in Canada today disregarding that you are not even here as far as I can tell i.e the potential 405 is decreasing by a day each day you are absent. You front loaded your presence in Canada so depending on when you return to Canada you can't count the days you were here in 2010 and possibly 2011 as they will fall out the 5 year period under review when you do apply for PR Card renewal.

Instead of endlessly figuring out scenarios why don't you wait until the date you are actually back living in Canada on a full time basis to get a realistic 5 year RO window. You don't need a valid PR card to live in Canada..its meant to be a travel document. For the 730 days to meet the RO you can't interact with CIC/CBSA so no travel even for emergencies, sponsorship, PR Card renewals as it will expose your breach and leave you at risk of report.

If you are interested in eventually applying for citizenship then your 2013/2014 days won't even be considered under the new physical presence and income tax residence requirements.

Sentiment both public, political and in the legislation is that PR status is for living in Canada...its not a glorified visitors visa...one day that free pass will be used up!

 

[Leon]

If you are not in Canada now, in order to protect your PR, you should return to Canada as soon as possible and not leave again until you meet the RO. The further away you get from the RO, the more likely it is that you will be reported on entry. If you were to come back to Canada now, you do not meet the RO and can not meet the RO by staying a few extra days because you have spent more than 3 years outside Canada in your first 5 years already.

Once you reach your 5 years in Canada, your days stayed in Canada will initially not increase because you start to eat up your first days you stayed in Canada after your landing. Your days will only start to increase once you reach the 5 year anniversary of your leaving Canada after your landing because then you start eating up days where you were outside Canada and replace them by days stayed. If you come back now, you will reach your 730 days in Canada around mid-January 2016 and then you can apply to renew your PR card.

 

[jssandhu]

thanks leon and all of you for best suggestions.thanks again