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ctracy

Newbie
Apr 18, 2015
3
0
I am confused about the way of calculating days of staying in Canada. For example, if I enter Canada in Jun. 1st and leave in Jun. 5th , do I stay in Canada for four or five days?

This may seem an easy question but any advice would be greatly appreciated!

Thanks in advance. :-\ :'(
 
ctracy said:
I am confused about the way of calculating days of staying in Canada. For example, if I enter Canada in Jun. 1st and leave in Jun. 5th , do I stay in Canada for four or five days?

This may seem an easy question but any advice would be greatly appreciated!

Thanks in advance. :-\ :'(

For purposes of the Residency Obligation for Permanent Residents, any part of the day spent in Canada counts as a day in Canada, so both the date of entry and the date of exit count toward meeting the PR Residency Obligation.

Caveat: That said, in most scenarios where the PR is depending on including entry and exit dates, that suggests having, at best, cut meeting the RO very close, and in close cases other factors loom much larger than an exact calculation of the number of days.

Thus, for example, the PR whose precise calculation of days present is 723 days, seven days short, is probably in only a slightly worse position than the one whose precise calculation is 739 days . . . in both cases, the government's perception as to the veracity of the reported presence will be a much more influential factor than merely the difference in being seven days short or nine days over . . . nine days over does not help much if CBSA, (at a POE) or CIC, do not conclude the PR has proven all the days claimed to have been in Canada. In other words, given the scope of their discretion, both in terms of assessing the evidence and deciding what the facts are, and in terms of discretion to in effect waive a technical breach of the PR RO, when the PR cuts it that close, whether the examining officer has a favourable or unfavourable view of the PR is a bigger factor than the claimed days of presence.
 
Thanks for the reply. Are you saying that I needn't go to Canada since I will be short of a few days for the residential obligation? In that case, I would rather stay in my home country. I am not willing to give up my status of permanent residency, though. Thanks.
 
ctracy said:
Thanks for the reply. Are you saying that I needn't go to Canada since I will be short of a few days for the residential obligation? In that case, I would rather stay in my home country. I am not willing to give up my status of permanent residency, though. Thanks.

No, I am not saying that at all.

On the contrary, I am suggesting that if you are cutting compliance with the PR Residency Obligation that close, you are risking the loss of your PR status even if, by your accounts, you have been in Canada at least 730 days within the preceding five years. CBSA or CIC may not agree with your accounting, and the burden of proof is on the PR, on you.

In particular, a trip to Canada for a mere five days is not likely the main consideration in whether or not you can save your PR status.

Thus, I am suggesting (assuming you have not been present in Canada for much if any more than 730 days in the previous five years, which is what your last query suggests) that a trip to Canada for significantly longer than five days is probably the prudent thing to do if you want to preserve PR status.
 
Thanks again. What shall I do now? I know I will be lack of several days to meet RO in my first five years of becoming a PR. I don't think I have a sound reason for that. All I can say is that my mother gets sick. Shall I still go back to canada or shall I give up my status of residency? It's a hard decision. Just imagine I've quit my job in my home country and then I am reported losing my status of residency how crazy I will get?