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5 years PR obligation. am confuse after reading the posts. pls help

Discussion in 'Permanent Residency Obligations' started by Keithcjk, Apr 22, 2012.

  1. Dear All,
    Thank you for your immense feedback and support.
    I would like to ask a question regarding residency obligation and in need of your assistance. Please kindly note the following dates:

    Landing Date: 21 May 2016
    PR card Expiry: 12 July 2021


    Time spent in Canada:
    2016: 21 days
    2017: 0 days
    2018: 0 days
    2019: 40 days
    Total so far = 61 days in Canada.


    When I renew my PR card for the very first time, what five years do they look at? is it strictly he five years validity of the PR card or do they count five years starting backwards from the date when a renewal application is submitted?

    If the answer to my question is first one i.e. "they look at the 5 years duration validity of the PR card", then I think I am at risk of not being able to meet my RO as I am planning (due to personal reasons) to extend my stay outside Canada beyond 1095 days and thus will be able to be physically present for 730 in Canada... :S

    On the other hand, if they only look at the 5 years leading up to date when the PR renewal application is submitted, then I might be on the safe side and in this case, I will remain in Canada beyond the expiry date of my PR card to make up for the days I have missed in the past. So basically what I am saying is that rather than submitting my application for PR renewal on 12 July 2021, which is the day of PR card expiry date, I think it is better to remain in Canada for an extra couple of months and only submit a renewal application when I am sure that I have satisfied 730 days (or more) within a five-year period counting backward from the date of PR renewal application date.

    Is this the right logic? Am I thinking in the right direction?

    Thanks!
     
  2. What you say, as quoted here, is the safer approach.

    Date PR card expires is NOT relevant.

    PR status does not expire and does NOT need to be renewed . . . cannot be "renewed."

    Be aware that if before May 21, 2021 you are outside Canada more than 1096 days, you will be in breach of the PR Residency Obligation as of when that happens. While a small short fall is not likely to trigger a problem/report at a PoE if you are presenting a valid PR card AND you have more recently mostly been staying in Canada, any time a PR is not in compliance with the RO the PR is at risk for being reported and losing PR status.

    Note that if the days you were present in 2016 were soon after landing, those days will no longer count as they become more than five years past. Which means you will likely need to wait a MINIMUM of 21 more days in 2021 before you apply for a new PR card.

    You do NOT need to have a PR card so long as you remain in Canada. So if you stay here, you can wait a few more months to apply for a new PR card with the hope that will avoid non-routine processing and thus avoid a much longer timeline before getting a new PR card.
     

  3. Thank you for your reply.
    Exactly! I will then remain in Canada and only when I need to leave Canada and travel outside, I will renew my PR card and will make sure to have way more than 730 days in my balance in a 5 year period. So in this case, I will renew my PR in May 2022 and counting 5 years backward from this date to May 2017, I will make sure that I am physically present in Canada for more than 730 days.

    Hope this works!
     
  4. I don’t think you are understanding the RO system. You have to been in Canada 730 days be tween May 2016- May 2021 to be in compliance. You are already almost out of compliance and could be reported once you return. If you return and are not reported you should not leave even for vacation or family visit for over 2 years or you risk being reported each time and losing your PR.
     

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