Curiosity : away from canada without losing PR
- Thread starter amazing21
- Start date
Compliance with the PR Residency Obligation:
A PR may be outside Canada for up to 1094 days within the immediately previous five years, so long as the PR can, of course, prove the time present in Canada (burden of proof is on the PR).
For a PR who became a PR less than five years previous, the PR can be outside Canada for up to 1094 days since the date of landing and becoming a PR.
It is worth keeping in mind that, obviously, the closer the PR cuts it to the minimum, the more risk there is CBSA or CIC will not be persuaded the PR was actually in Canada when the PR declares to have been in Canada.
A PR may be outside Canada for up to 1094 days within the immediately previous five years, so long as the PR can, of course, prove the time present in Canada (burden of proof is on the PR).
For a PR who became a PR less than five years previous, the PR can be outside Canada for up to 1094 days since the date of landing and becoming a PR.
It is worth keeping in mind that, obviously, the closer the PR cuts it to the minimum, the more risk there is CBSA or CIC will not be persuaded the PR was actually in Canada when the PR declares to have been in Canada.
screech339
VIP Member
- Apr 2, 2013
- 550
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 14-08-2012
- AOR Received.
- 20-11-2012
- Med's Done....
- 18-07-2012
- Interview........
- 17-06-2013
- LANDED..........
- 17-06-2013
Once CBSA agent suspects of you not meeting the PR RO, they can report you and you would have to report to authorities with proof that you were meeting the RO requirements. Your time in Canada during this stage would not count towards RO until PR status is granted after burden of proof.
There are reports that those that did not meet the PR RO managed to slip pass the CBSA and not get reported. They would then have to remain in Canada (next 2 years) before they can apply for new PR card.
There are reports that those that did not meet the PR RO managed to slip pass the CBSA and not get reported. They would then have to remain in Canada (next 2 years) before they can apply for new PR card.
what about PRs who scan their PR cards at the POE at automatic kiosks? how the system calculates RO?screech339 said:
As Canada does not track exits (except USA), how does the cbsa officer know that the person has actually met RO or not?
screech339
VIP Member
- Apr 2, 2013
- 550
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 14-08-2012
- AOR Received.
- 20-11-2012
- Med's Done....
- 18-07-2012
- Interview........
- 17-06-2013
- LANDED..........
- 17-06-2013
The agent can always look at the passport and see the entry stamps in the foreign country. They could then make a determination on whether they were out of Canada too long or not.thecoolguysam said:
my personal experience from a international trip is that they never look at the passport, just check the declaration form printed from the automatic kiosk and pr card only.screech339 said:
The calculation is simple:
1. If you became PR less than 5 years, you would meet your residency obligation within the five years period since your landing, regardless of how long you have stayed in Canada. For example, you landed for 1 month, and you left. you were away for 3 years, and you came back to Canada. You will still have 23 months to meet your obligation, but this can be done within the first five year block since your landing.
2. If you became PR more than 5 years, the calculation is rolling, meaning, every time you enter Canada, the agent would count back 5 years from the moment you enter Canada to see if you meet the 365*2 days requirement. And it does not go by a block of 5 years.
Hope this helps.
1. If you became PR less than 5 years, you would meet your residency obligation within the five years period since your landing, regardless of how long you have stayed in Canada. For example, you landed for 1 month, and you left. you were away for 3 years, and you came back to Canada. You will still have 23 months to meet your obligation, but this can be done within the first five year block since your landing.
2. If you became PR more than 5 years, the calculation is rolling, meaning, every time you enter Canada, the agent would count back 5 years from the moment you enter Canada to see if you meet the 365*2 days requirement. And it does not go by a block of 5 years.
Hope this helps.
on the cic site it says : "To maintain your status as a permanent resident, there are few requirements you must fulfill. One requirement is the residency obligation. You must live in Canada for at least two years within a five-year period. During this time you must be here physically."
got my PR IN 2008 but had different absences in every year.
So if I use that online calculator for citizenship..can I use that as a reference? I can put the date I left canada as the last one, because it will count backwards 5 years……and it will give me the result of physical days……..AFTER I CAN DEDUCT FROM 730 days WHICH will tell me how many days I'm allowed to be outside…..would that work ?
got my PR IN 2008 but had different absences in every year.
So if I use that online calculator for citizenship..can I use that as a reference? I can put the date I left canada as the last one, because it will count backwards 5 years……and it will give me the result of physical days……..AFTER I CAN DEDUCT FROM 730 days WHICH will tell me how many days I'm allowed to be outside…..would that work ?
so, the only way to calculate your residency is counting back 5 years every time you enter Canada.
Ask yourself this question every time you enter Canada: Have I been in Canada physically for 365*2 days in the past 5 years?
Ask yourself this question every time you enter Canada: Have I been in Canada physically for 365*2 days in the past 5 years?
For the PR Residency Obligation, you can count the day you entered Canada and all days you remained in Canada after entering Canada, and the day you left Canada.
There are 365 days in a year (leap days do not count, so February 29, 2012 does not count).
Count the number of days you have been in Canada each year for the last five years. Add them up. If that number adds up to 730 or more, you have met the PR Residency Obligation. If not, you haven't.
If that seems difficult, list every month of the year for all five years. Count the number of days you were in Canada during each of those months. Add them up. More than 730, you are OK. Less than 730, problems.
If that is difficult, get a copy of a full year calendar for each year (easy to print off the internet), and start circling all the days you were in Canada. Count how many days you circle. Again, you can circle (count) each day you arrived in Canada, all the days you stayed after arriving, and the day you left.
There are 365 days in a year (leap days do not count, so February 29, 2012 does not count).
Count the number of days you have been in Canada each year for the last five years. Add them up. If that number adds up to 730 or more, you have met the PR Residency Obligation. If not, you haven't.
If that seems difficult, list every month of the year for all five years. Count the number of days you were in Canada during each of those months. Add them up. More than 730, you are OK. Less than 730, problems.
If that is difficult, get a copy of a full year calendar for each year (easy to print off the internet), and start circling all the days you were in Canada. Count how many days you circle. Again, you can circle (count) each day you arrived in Canada, all the days you stayed after arriving, and the day you left.
Not really. It will only calculate four years, not five. It only gives credit for one-half of the entry & exit days (in effect, based on citizenship calculation approach counting one or the other of the entry and exit days).amazing21 said:
The most difficult part of the calculation, no matter which method is employed, is getting all the entry and exit dates right.