Have I fulfilled my residency obligations?

[morcerf]

Hello, I am a bit confused on meeting residency obligations so would love some help here. My PR card says I'm a PR since March 05, 2020, and the card expires on Feb 09, 2026.
Here's my travel journal:
Inside Canada: March 5, 2020 - March 31, 2021 -> 392 days
Outside Canada: March 31, 2021 - May 10, 2023 -> 771 days
Inside Canada: May 10, 2023 - Oct 10, 2023 -> 215 days
Outside Canada: Oct 10, 2023 - Apr 09, 2024 -> 182 days
Inside Canada: Apr 09, 2024 - Oct 25, 2024 -> 199 days
Outside Canada: Oct 25, 2024 - Dec 20, 204 -> 56 days
Inside Canada: Dec 20, 2024 -> Mar 05, 2025 -> 75 days

Days inside Canada: 881 ( till March 05, 2025)

I will be renewing my PR Card in Feb 2026, so should I be counting these days from March 5, 2020 - March 5, 2025, or 5 years prior to Feb 2026?
Will I be in compliance with my RO and have no issues traveling?
Thank you.

 

[scylla]

Hello, I am a bit confused on meeting residency obligations so would love some help here. My PR card says I'm a PR since March 05, 2020, and the card expires on Feb 09, 2026.
Here's my travel journal:
Inside Canada: March 5, 2020 - March 31, 2021 -> 392 days
Outside Canada: March 31, 2021 - May 10, 2023 -> 771 days
Inside Canada: May 10, 2023 - Oct 10, 2023 -> 215 days
Outside Canada: Oct 10, 2023 - Apr 09, 2024 -> 182 days
Inside Canada: Apr 09, 2024 - Oct 25, 2024 -> 199 days
Outside Canada: Oct 25, 2024 - Dec 20, 204 -> 56 days
Inside Canada: Dec 20, 2024 -> Mar 05, 2025 -> 75 days

Days inside Canada: 881 ( till March 05, 2025)

I will be renewing my PR Card in Feb 2026, so should I be counting these days from March 5, 2020 - March 5, 2025, or 5 years prior to Feb 2026?
Will I be in compliance with my RO and have no issues traveling?
Thank you.

You could back five years from the time you apply.

 

[morcerf]

Could you explain more? Isn't the first time from the date you get your PR, and then thereafter it becomes a rolling 5-years?

 

[scylla]

Could you explain more? Isn't the first time from the date you get your PR, and then thereafter it becomes a rolling 5-years?

Yes, it starts from the time you become a PR and then becoms a rolling 5 year period. So when you apply to renew your PR card, the rolling 5 year period that will apply will be the five years right before you submit your application.

 

[morcerf]

Yes, it starts from the time you become a PR and then becoms a rolling 5 year period. So when you apply to renew your PR card, the rolling 5 year period that will apply will be the five years right before you submit your application.

Wait, I'm confused, this will be my first renewal of the card, so they'll check from March 05, 2020 - March 05, 2025 right?

 

[scylla]

Wait, I'm confused, this will be my first renewal of the card, so they'll check from March 05, 2020 - March 05, 2025 right?

No, not if you are renewing your PR card in Feb 2026 as you said in your first post. If you are renewing in Feb 2026, it's five years back from this date.

 

[morcerf]

No, not if you are renewing your PR card in Feb 2026 as you said in your first post. If you are renewing in Feb 2026, it's five years back from this date.

Oh okay, this is news to me.
So, can I delay applying for a new PR card if my 2 years obligation has not been met?
Also, can there be any issues at the airport with the border agents when I fly back now in April?

 

[scylla]

Oh okay, this is news to me.
So, can I delay applying for a new PR card if my 2 years obligation has not been met?
Also, can there be any issues at the airport with the border agents when I fly back now in April?

You most likely won't have issues returning to Canada. Yes, you can remain in Canada and delay applying to renew your PR card until you meet the residency requirement.

 

[armoured]

Oh okay, this is news to me.
So, can I delay applying for a new PR card if my 2 years obligation has not been met?
Also, can there be any issues at the airport with the border agents when I fly back now in April?

As noted, you can delay applying.

As a guide to calculating this more easily, as I was confused by your approach.

1) You are IN compliance with the RO if you have been outside Canada LESS than 1095 days in the last five years (or from day you became a PR if less than five years ago).

2) You are OUT of compliance if you have been out of Canada MORE than 1095 days in the last five years (not counting days before you became a PR, if you became a PR less than five years ago).

[This is just simple arithmetic restatement - min 730 days IN Canada == max 1095 days OUT of Canada. Advantage is you don't have to keep track of days-remaining in first five year period and add potential future days, you just track days OUT of Canada.]

From simple arithmetic: as of April 9 2024 - when you say you will return - you will have 953 days outside Canada since becoming a PR. You wont' have any problem returning because you're not out of compliance.

After that: you can do your own arithmetic and figure out how many days you have to play with. Obviously it's only about 140 days you have for time-outside-Canada before you start bumping into that limit, or less than five months of time outside Canada.

You should be cautious in that starting March 5, 2025, you will begin to 'lose' the days you were in Canada immediately after becoming a PR. Because you were out of Canada for over two years between Mar 2021 and May 2023, you won't be able to accrue additional days (best you can do in that time period is stay at the same number of days-in-Canada - every day in Canada for those two years, you will lose one day from 2020 and gain one from 2025, for net of zero).

Or put differently, if you're out of compliance already beginning in March 2025, or at any time for about a year after that, it will be two years or more before you can get back in compliance.

 

[morcerf]

You most likely won't have issues returning to Canada. Yes, you can remain in Canada and delay applying to renew your PR card until you meet the residency requirement.

Thank you so much. You have been very helpful. Take care!

 

[morcerf]

As noted, you can delay applying.

As a guide to calculating this more easily, as I was confused by your approach.

1) You are IN compliance with the RO if you have been outside Canada LESS than 1095 days in the last five years (or from day you became a PR if less than five years ago).

2) You are OUT of compliance if you have been out of Canada MORE than 1095 days in the last five years (not counting days before you became a PR, if you became a PR less than five years ago).

[This is just simple arithmetic restatement - min 730 days IN Canada == max 1095 days OUT of Canada. Advantage is you don't have to keep track of days-remaining in first five year period and add potential future days, you just track days OUT of Canada.]

From simple arithmetic: as of April 9 2024 - when you say you will return - you will have 953 days outside Canada since becoming a PR. You wont' have any problem returning because you're not out of compliance.

After that: you can do your own arithmetic and figure out how many days you have to play with. Obviously it's only about 140 days you have for time-outside-Canada before you start bumping into that limit, or less than five months of time outside Canada.

You should be cautious in that starting March 5, 2025, you will begin to 'lose' the days you were in Canada immediately after becoming a PR. Because you were out of Canada for over two years between Mar 2021 and May 2023, you won't be able to accrue additional days (best you can do in that time period is stay at the same number of days-in-Canada - every day in Canada for those two years, you will lose one day from 2020 and gain one from 2025, for net of zero).

Or put differently, if you're out of compliance already beginning in March 2025, or at any time for about a year after that, it will be two years or more before you can get back in compliance.

That is a much easier way of calculating RO, thank you. So, I'm going to have do some planning here, since I'm getting married in November and will be back in Canada in December. After March 05, 2025 I should not be leaving Canada, so I should plan my honeymoon before that date. The rolling 5 years thing does add a lot of complexity to calculations, and I'm going to have to sit down and do some number crunching.

Thank you for helping me out here, I really appreciate it.

 

[armoured]

I'm restating my summary in one important way, to make clear it's on an ongoing or rolling basis:

1) You are IN compliance with the RO if you have been outside Canada LESS than 1095 days in the last five years (or from day you became a PR if less than five years ago), calculated on any day you happen to be examined (eg cross a border).

2) You are OUT of compliance if you have been out of Canada MORE than 1095 days in the last five years (not counting days before you became a PR, if you became a PR less than five years ago), calculated on any day you happen to be examined (eg cross a border).

 

[syed3009]

I'm restating my summary in one important way, to make clear it's on an ongoing or rolling basis:

1) You are IN compliance with the RO if you have been outside Canada LESS than 1095 days in the last five years (or from day you became a PR if less than five years ago), calculated on any day you happen to be examined (eg cross a border).

2) You are OUT of compliance if you have been out of Canada MORE than 1095 days in the last five years (not counting days before you became a PR, if you became a PR less than five years ago), calculated on any day you happen to be examined (eg cross a border).

I do understand the requirement of RO for PR renewal but this is a new statement which you are saying if we are out of canada for more than 1095 days in five years we become out of compliances because one of my friend after getting PR he visited Canada for 1-2 months in the last 5 years and 3 weeks before expiry of his PR card he entered canada and stayed their for more than 3 years and now got his passport. Where does IRCC says if you are out side of canada more than 1095 days in last 5 years you are ineligible ?

 

[rcincanada2019]

I do understand the requirement of RO for PR renewal but this is a new statement which you are saying if we are out of canada for more than 1095 days in five years we become out of compliances because one of my friend after getting PR he visited Canada for 1-2 months in the last 5 years and 3 weeks before expiry of his PR card he entered canada and stayed their for more than 3 years and now got his passport. Where does IRCC says if you are out side of canada more than 1095 days in last 5 years you are ineligible ?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/permanent-resident-determination.html#res

Residency requirements
The Immigration and Refugee Protection Act (IRPA) establishes residency requirements and obligations with respect to each 5-year period after an individual obtains permanent resident status.

Pursuant to subsection A28(2), a permanent resident complies with the residency obligation provisions with respect to a 5-year period if, for at least 730 days in that 5-year period, the permanent resident is

• physically present in Canada
• accompanying outside of Canadaa Canadian citizen who is their
  • spouse
  • common-law partner
  • parent, in the case of a child
• employed outside Canadaon a full-time basis by
  • a Canadian business or
  • the federal or a provincial or territorial public administration
• accompanying outside Canada their spouse, common-law partner, or parent (in the case of a child), where the person they accompany is a permanent resident and is employed on a full-time basis by
  • a Canadian business or
  • the federal or a provincial or territorial public administration
• referred to in regulations that provide for other means of compliance

See also:

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-28.html

 

[scylla]

I do understand the requirement of RO for PR renewal but this is a new statement which you are saying if we are out of canada for more than 1095 days in five years we become out of compliances because one of my friend after getting PR he visited Canada for 1-2 months in the last 5 years and 3 weeks before expiry of his PR card he entered canada and stayed their for more than 3 years and now got his passport. Where does IRCC says if you are out side of canada more than 1095 days in last 5 years you are ineligible ?

This isn't new at all.

What your friend would have done is re-entered Canada and then remained in Canada for 2 years without leaving in order to meet the residency obligation and be able to renew his PR card and then later apply for PR. He got lucky and wasn't reported at the border for failing to meet the residency obligation.

It's not that you are ineligible if you are outside of Canada for more than 1095 days in the previous five years. It's that you are out of compliance with the residency obligation and cannot renew your PR card. You have to wait until you are back in compliance with the residency obligation in order to renew your PR card.