Guys, I know that to maintain PR status we should physically be present 730 days in last 5 years in Canada but I need to know if this 730 days should be only with PR status?Or do they count the time with non-PR status too ? (like being on a student visa)
730 days in last 5 years Canada to maintain PR status should be only with PR status?
- Thread starter absolute_boy97
- Start date
PR status only... Pre-PR time is not credited towards the Residency Obligation.
Arithmetically (not technically, but arithmetically) it does NOT matter. The calculation is the same either way. The calculation works the same as if the new PR DOES GET CREDIT for days in Canada prior to landing.
And, actually, this is true even if the PR was NOT in Canada at all prior to landing.
Thus, while the calculation is the same as giving credit for those pre-landing days, that does not give a new PR who has been living in Canada any advantage over other new PRs.
EXPLANATION:
During the first five years after landing, after the date the individual became a PR, the new PR is credited with presence for all days during those first five years EXCEPT days the PR is actually NOT present in Canada. As long as the total number of those days NOT actually present in Canada do NOT add up to more than 1095, the PR is in compliance with the Residency Obligation.
In terms of the numbers, the arithmetic, the calculation works out the same as giving the new PR credit for being present in Canada for a full five years prior to the date of landing (and actually this is so whether the PR was in Canada or not). Remembering, as each day arrives, days five years previous drop out of the calculation.
For example, if arithmetically the PR is given, in effect, such credit the day he or she lands, credit for being in Canada all 1825 days in the preceding five years, the PR STILL needs to be IN CANADA at least 730 days during the next five years. Which means, arithmetically, the PR is in compliance with the RO so long as the PR is NOT ABSENT a total of more than 1095 days.
If as of any day during the next five years after landing the total number of days absent passes 1095, as of that day the PR is in breach of the Residency Obligation. And it works this way if one is calculating according to the statutory provision and IRCC practice, or if one is calculating as if the new PR is entitled to credit for all days preceding the date of landing.
This is why it is easier to assess compliance during those first five years by counting days absent rather than days present (and as long as this total is less than 1095, the PR is in compliance), even though the formal calculation counts days present plus days remaining to the fifth year anniversary (the total of which needs to be at least 730).
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