730 days explanation

[ajshaikh]

Can someone please help me understand the 730 days stay obligation a bit more better.

I have a PR issued to me in Mar 2009. Since then I have been to Canada 3 times and have stayed there for a total of 35 days so far. I now have my own house in Canada and plan to shuffle between Canada and my original country every 3 months or so (3 months in Canada and then 3 months in my country and keep it going like this). I have my own business in my country and plan to incorporate it in Canada (with an office and all).

Do I need to be in Canada for straight 730 days without leaving to be eligible for PR renewal?

If this is not necessary then lets say for my PR renewal (before Mar 2014) I can prove the dates I entered Canada (airline boarding pass), the days I stayed in Canada (still trying to figure this out*) and it all totals up to 730 days or more. Am I then eligible for my PR renewal?

* any smart ideas on how someone can prove that they've been physically present in Canada from X date to Y date (apart from paystubs, credit card transactions, utility bills etc). Thanks in advance.

 

[Leon]

I have a PR issued to me in Mar 2009. Since then I have been to Canada 3 times and have stayed there for a total of 35 days so far.

If you have been a PR since March 2009 and have only stayed in Canada 35 days so far, you will be unable to meet the residency requirements for your first 5 years as a PR. Depending on when in March you landed, you now have 16 or 17 months until your 5 year PR anniversary. That's between 480 and 510 days. You can not complete the rest of your residency requirements, 695 days, in 480 days. Impossible.

You normally don't need to be in Canada for 730 days straight but you need 730 days in your first 5 years as a PR and any rolling 5 year period after that. If you manage to get into Canada without being reported for not meeting the residency requirements, you can revive your PR by staying for 730 days straight, letting your PR card expire and not apply to renew until you have your 730 days. When you apply to renew, immigration only looks at the past 5 years so they will renew if you meet the requirements for the past 5 years at the time you apply. They will not look at your first 5 years in that case.

Therefore, if you want to keep your PR, go to Canada now and stay for 730 days straight. Do not apply to renew your PR card until you have your 730 days. As long as you can claim at least 730 days in the past 5 years at the time you apply to renew, you are ok. It is ok to let your PR card expire when you are in Canada.