730 day rule

[prak11]

Dear All,

I'm a Canadian PR. My PR card expires on Jan 2013. Its been 4 years since I got the PR and I have been out of canada for almost 3 years (2 years and 360 days to be exact). So I need to spend one more year in canada before I renew my PR.

I'm now employed in Canada and I live in canada. I want to visit my home country,India somewhere in mid 2012. According to what I know, I need to spend 730 days in canada (that is till end of 2012) before I can go out.

My friend is saying that is not necessary. I can visit inida in mid 2012, since I live in Canada and work here in canada. As far as the PR card is not expired & I don't live for more than 3 months outside at a stretch, I can visit India any time eventhough I don't satisfy the 730 day rule. IS THIS CORRECT. CAN SOMEONE PLEASE CLARIFY ?

 

[Alabaman]

In my opinion, it is safe for you to travel. When you want to renew your PR card in 2013, make sure you have 730 days in past 5 years before you renew your card.

How long do you plan to be gone for?

 

[prak11]

3 weeks vacation.
But my question is, is my friend correct to say that if I'm employed in canada & live here(as proof we can show house lease docs, bank accounts, utility bills) I can go out of canada eventhough I don't satisfy the 730 day rule? At the port of entry wouldn't they check to see if I satisfy the 730 day rule? In my case i will fall short by 20 days if I go out of canada next year. But my friend is saying if I live in canada and work in canada, then I can take 3 week vacation eventhough I don't satisfy the 730 day rule. IS THIS CORRECT?

 

[scylla]

Your friend is technically wrong. I think it's very likely you won't have any problems. But there's absolute no guarantee.

It's up to the immigration officer you speak with when you return to Canada. If the IO believes you haven't met your residency obligation - the IO can decide to report you. If the IO decides to report you, you will be asked to appear in front of a judge to argue why you should be allowed to keep your PR status even though you haven't met your residency obligation.

Again, I think shouldn't have any problems. But no one here can make you any promises or guarantees.

 

[prak11]

So is there any rule like what my friend is saying - if you live and work in canada, you can take vacations provided it is less than 3 months eventhough you have not satisfied the 730 day rule?

 

[scylla]

So is there any rule like what my friend is saying - if you live and work in canada, you can take vacations provided it is less than 3 months eventhough you have not satisfied the 730 day rule?

That rule doesn't exist. If your friend thinks it exists, then I would ask him to provide a link to the CIC manual that outlines this rule.

 

[Alabaman]

3 weeks vacation.
But my question is, is my friend correct to say that if I'm employed in canada & live here(as proof we can show house lease docs, bank accounts, utility bills) I can go out of canada eventhough I don't satisfy the 730 day rule? At the port of entry wouldn't they check to see if I satisfy the 730 day rule? In my case i will fall short by 20 days if I go out of canada next year. But my friend is saying if I live in canada and work in canada, then I can take 3 week vacation eventhough I don't satisfy the 730 day rule. IS THIS CORRECT?

Scylla is right. Your friend is technically wrong. The rule simply states that to keep your PR, you must have 730 days within the last 5 years. In your case, since you would not have spent up to 5 years as a PR by the time you travel, then the rules states that you must show you will have enough days left to meet the 730 days by the date you will be 5 years as a PR. However, you will be 20 days short. This is technicality.

Now, in reality, when you travel out and you are returning to Canada, the immigration officer will not bring out a calculator and start adding up days to see if you have met 730 days in the last 5 years. They will ask you, how long have you been away and you will respond 3 weeks. From experience, all they will say is welcome back home. If you have been gone a long time..say 3 months or 6 months or 1 year or more and you have short time before your PR card expires, this would make the immigration officer think... perhaps you haven't met the obligation and they might pull you aside and try to dig further. Even at that, you can tell them you dont have the count of days on your head and that you can go and check your records. In your chase your deficiency would be about 20 days so I don't think its a biggie.

In my opinion, it is safe for you to travel but the decision is yours.

 

[toby]

You are right on the cusp; if you vacation outside Canada for 3 weeks, when you re-enter Canada you will be short some days and unable to meet the PR quota by the end of your initial five-year period. If a border officer were to do the math on the spot (unlikely), he or she would realize this, and could report you. You would then have 30 days (I think) to prove you were in compliance, or have your PR revoked. Since your days back in Canada would not count toward your PR quota during this "proof time", you would fail to meet the quota.

Even if the border officer merely suspected you might not be in compliance, he/she could report you.

This is a large risk to take for a vacation.

A safer approach would be to stay in Canada and accumulate the 730 days before leaving.

Here is where I am not certain. If you wanted to vacation abroad after accumulating the 730 days, but before receiving your new PR card (which can take a long time, I am hearing), could you not take a copy of your PR renewal application with you to show you have the 730 days under your belt-- in case a border guard got curious? That might get you into Canada without problems. But seniors, please confirm or deny this.

 

[CC1978]

As I understand from CIC website that you must to physically present in Canada for a minimum of 730 days within the past five (5) years to keep your PR status. I heard about your friends' suggestion but not on the 730 days rule but the 183 days rule which is for a PR to apply for citizenship. Your friend may misunderstand the 183 days rules is the 730 days one. My suggestion is to call CIC and talk to their agent. A CIC agent can give you the correct answer better than anyone else.

 

[scylla]

As I understand from CIC website that you must to physically present in Canada for a minimum of 730 days within the past five (5) years to keep your PR status. I heard about your friends' suggestion but not on the 730 days rule but the 183 days rule which is for a PR to apply for citizenship. Your friend may misunderstand the 183 days rules is the 730 days one. My suggestion is to call CIC and talk to their agent. A CIC agent can give you the correct answer better than anyone else.

What is the 183 citizenship rule?

You need 1095 days of physical residency out of the last four years to apply for citizenship. There's no 183 day rule.

 

[Alabaman]

What is the 183 citizenship rule?

You need 1095 days of physical residency out of the last four years to apply for citizenship. There's no 183 day rule.

When you start mentioning 183 days then you are talking about taxes... not immigration.

 

[Michels]

There are 3 rules here.. the optimal one to the applicant is the one used:

1 - you have to be present in Canada 2 years within the 5 years period when applying
2- or if applying with less than 2 years and the 5 years did not pass since landing, have a basic proof that you will meet your residency obligation .. this i determined by the time remaining until your PR card will expire you should accumulate the 2 years..
3- or.. a less known but CIC used method, and stated in the PR pickup letter that you need to proof that you meet the residency obligation within the 5 years prior to the letter issuance date, this fact is important ... The loss of residency status document (ENF 23) does not state it directly however it is there and seems to address indirectly in an easy way compassionate and humanitarian issues.

Michels

 

[steaky]

There are 3 rules here.. the optimal one to the applicant is the one used:

There is a number 4 - Accompanying a Canadian citizen outside Canada

 

[Michels]

There is a number 4 - Accompanying a Canadian citizen outside Canada

Well it does not count as you meet here such obligation.. you can add to your rule working for a canadian company abroad.. you have to be full time employed by this company thus.. and the company needs to be a Canadian registered one and you need to pay your taxes.. show your T4s