Residency obligation Calculation

[sjasim]

Hello Everyone,

I landed in Canada on 5th Jun 2015 and left the country on 6th July 2015, since then I did not enter Canada. My PR card expiry date is 26th August 2020.

I am planning my return to Canada in May 2018 (first week), so if I am doing my calculation right then from 5th May 2018 to 4th Jun 2020 it will be 2 years and 1 month (762days) and if I include my 1 month stay in 2015 then it will be 2 years and 2 months which will leave me with a buffer of 2 months for any unseen emergencies.

I would like to know will there be any issue when I am entering Canada in May'18? Also are there any other factors which I am unaware of that could become an issue for maintaining my PR status even after spending 2 years in Canada?

Thanks
Jasim

 

[dpenabill]

Hello Everyone,

I landed in Canada on 5th Jun 2015 and left the country on 6th July 2015, since then I did not enter Canada. My PR card expiry date is 26th August 2020.

I am planning my return to Canada in May 2018 (first week), so if I am doing my calculation right then from 5th May 2018 to 4th Jun 2020 it will be 2 years and 1 month (762days) and if I include my 1 month stay in 2015 then it will be 2 years and 2 months which will leave me with a buffer of 2 months for any unseen emergencies.

I would like to know will there be any issue when I am entering Canada in May'18? Also are there any other factors which I am unaware of that could become an issue for maintaining my PR status even after spending 2 years in Canada?

Thanks
Jasim

Assuming you arrive in Canada sooner than the third year anniversary of the date you landed, no calculation of days present or absent are necessary to determine you are in compliance with the PR Residency Obligation. There are still enough days left in your first five year period to meet the PR RO, and therefore you definitively meet the PR RO.

So, if you landed June 5, 2015, as long as you are arriving before June 5, 2018, you meet the PR RO.

When a PR arrives after an extended absence, approaching three years absent from Canada, a border officer may advise or instruct or caution the PR about complying with the PR RO. But that is mostly so the PR is aware. It is not a problem.

Main things to be aware of beyond that:
-- anticipate possibility of Secondary Review when you apply for a new PR card if you do so in 2020, since as of then you will have spent more time outside Canada than in Canada during the preceding five years; this can mean a long delay in being issued and delivered a new PR card, up to a year or so
-- recognize that a two-month buffer is NOT much of a buffer if some unforeseen circumstances do arise . . . that period of time can pass very quickly
-- keep good records related to address, work or other activity in Canada, travel history, other things which will document when and where in Canada you are . . . remember, if you need to leave Canada for a time, the next time you return to Canada you may need to prove how many days you have been present in Canada

 

[sjasim]

@dpenabill

Thank you for your insights.

I would like to know how often does a PR renewal application goes in to secondary review for candidates who have spent almost 3 years outside of Canada in the preceding 5 years? Are there any other factors which are taken in to consideration for secondary review or just the amount of time spent outside of Canada?

When an applicant's PR renewal is sent for secondary review will the amount of time spent (which is usually 1 year or above) waiting for receiving the new PR card be considered for meeting the citizenship requirements? Is the candidate eligible to apply for Citizenship when his PR renewal is under secondary review? (considering 2 years spent for PR renewal and another year waiting for PR card)

Thanks
Jasim

 

[dpenabill]

@dpenabill

Thank you for your insights.

I would like to know how often does a PR renewal application goes in to secondary review for candidates who have spent almost 3 years outside of Canada in the preceding 5 years? Are there any other factors which are taken in to consideration for secondary review or just the amount of time spent outside of Canada?

When an applicant's PR renewal is sent for secondary review will the amount of time spent (which is usually 1 year or above) waiting for receiving the new PR card be considered for meeting the citizenship requirements? Is the candidate eligible to apply for Citizenship when his PR renewal is under secondary review? (considering 2 years spent for PR renewal and another year waiting for PR card)

Thanks
Jasim

There are no available statistics so far as I know which illuminate the percentage of PR card renewals referred to Secondary Review. We see many anecdotal reports in the forum which tend to indicate a relatively high risk. Yes, there are other factors. And other factors will likely have an impact on how long the application is in SR, which can range from just a couple or few months delay to a year or more. There are several threads here which go into a lot of detail about SR. Generally, the stronger the case (solid job history in Canada, remaining in Canada while PR card application is in process, no basis for suspecting prior misrepresentations, among others), the lower the risk of SR or at least the better the odds SR will proceed more quickly.

I would note that so far as I can discern, SR is less about verifying compliance with the PR Residency Obligation and more about screening for misrepresentation or fraud, but it appears that cutting-the-RO-close is a very common trigger.

Referral to SR does not affect a PR's eligibility for citizenship. Three years presence in Canada during a five year period will meet the current citizenship presence requirement. Best to have a good buffer above the minimum, and especially so for a PR who has been abroad for extended periods of time since becoming a PR. But in any event, so long as the PR is NOT reported for a breach of the PR RO, days in Canada will count toward meeting the citizenship requirements.

 

[sjasim]

@dpenabill

Thank you very much for your reply.

I really appreciate your help