Advise on renewal of PR when residency obligations are met with a gap.

[sharcastic]

Hello everyone.

I am looking for advise on getting my PR card renewed as my situation is a bit unique.

I moved to Canada in December of 2021. Lived and worked here till March of 2024 after which I moved back to India. At this point, I was short of meeting the 730 day rule (Be physically present in Canada for atleast 730 days in the last 5 years) due to vacations, personal trips, etc. I was a legal resident for more than 2 years but was not physically present in the country for the whole time.

I recently returned to Canada so I could complete my 730 days (I was 60 days short). I am going to go back to India after applying for renewal of PR and move here sometime next year.

Would I face any issues when I submit the documents for the renewal of PR? (Because I wont have too much to show for the last 60 days of me in Canada other than some transactions in my TD bank statement).

 

[canuck78]

Hello everyone.

I am looking for advise on getting my PR card renewed as my situation is a bit unique.

I moved to Canada in December of 2021. Lived and worked here till March of 2024 after which I moved back to India. At this point, I was short of meeting the 730 day rule (Be physically present in Canada for atleast 730 days in the last 5 years) due to vacations, personal trips, etc. I was a legal resident for more than 2 years but was not physically present in the country for the whole time.

I recently returned to Canada so I could complete my 730 days (I was 60 days short). I am going to go back to India after applying for renewal of PR and move here sometime next year.

Would I face any issues when I submit the documents for the renewal of PR? (Because I wont have too much to show for the last 60 days of me in Canada other than some transactions in my TD bank statement).

No issue. That said if you don’t apply with some buffer time processing may take a lot longer. If you’re out other country you often have to pick up your PR card in person.

 

[sharcastic]

@canuck78 Thanks for your response. My address in Canada is my brothers house so he can receive it if it comes by post. How will they decide whether they mail you your PR card or ask you to come pick it up in person? I will be in canada when I apply for the renewal.

 

[armoured]

I recently returned to Canada so I could complete my 730 days (I was 60 days short). I am going to go back to India after applying for renewal of PR and move here sometime next year.

Would I face any issues when I submit the documents for the renewal of PR? (Because I wont have too much to show for the last 60 days of me in Canada other than some transactions in my TD bank statement).

I do not know (and I doubt it's known for certain exactly) which criteria they use to decide who is required to pick-up their PR card in person. It is possible - given your absence of two+ years and limited 'current' evidence of residing in Canada - that they'd ask you to do a pickup.

But also please note: assuming you get a new PR card (with five years validity), that does not magically remove the issue of compliance with the residency obligation going forward.

So if your current plan - getting the card, or even just applying, and then returning to reside abroad for some period of time - means that you fall out of compliance, you'll face the risk of being found non-compliant.

Remember, all physical presence more than five years before the date of examination (e.g. the date you return to Canada in 2027 or 2028 and present at a port of entry) disappears. So in 2027, time in Canada in 2021 is no longer valid and dates in 2022 will 'fall off' over the course of the year.

My preferred way to calculate residency obligation compliance: add up all dates outside Canada in five year period prior to date of examination (this can be done for planning purposes for a future date, eg planned date of return); discard any days prior to becoming a PR (obviously won't be necessary after fifth anniversary of becoming a PR); if the sum is greater than 1095, you are out of compliance.