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Leon expert advice on PR renewal Date looming!

sherpeck

Newbie
Jul 29, 2013
3
0
Hi Leon,

Our PR card is due for renewal on 29th October 2013. We entered the country on 24th Sep 2008. Due to UK work commitments as we run our own event company and due to world down turn have been unable to sell. We have been in Canada for Winters and UK for summer to earn the pennies. Good jobs hard to come by where we settled in Canada.

Is the 5 years from your entry date into Canada or PR card renewal date?
do the days you fly out and fly in count as a whole day?

As of 24th Sep I will be 4 days short of 730 but my partner is 100 days over! In the last 5 years we also had our little girl in the UK in 2010 (she now has Canada Residency) and our little boy in November 2012 in Canada so he has Canada passport.

As we are getting close to selling our company we are looking to return to canada this fall and fingers cross stay put! I have read quite a few of your other posts and totally understand its all on the excite 730 days and the 5 year window starts from date your forms get sent in. As you can see I am so close! Would you recomend I entre canada before 24th September 2013 and thus make the 730 before the 5 years of entry or could I stretch it until early October (due to work commitments)? If i wait until October I know i will then stay under the radiar until i have 730 to then apply. My partner will be heading back 18th September to work on his business in BC which he has alrday started. I will travel with our kids either then or early October.

Any advice would be amazing as confused, restricted due to work and scared i could be denied entry.

cheers clare
 

Leon

VIP Member
Jun 13, 2008
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I think you should try to make it back in time to make your 730 days residency requirements because it will make it easier for you in regards to travelling to have a valid PR card and you may not be planning to travel but you never know when you have to. If you have been coming and going without a problem, I think it is unlikely that you will be stopped on entry but if that happens, the worst they can do would be reporting you for not meeting the residency requirements if they really believe that you haven't and you will appeal with the evidence saying that you have. They have to let you enter anyway.

If you are unable to make it in time to meet the 730 days in your first 5 years, you will have to hold off on renewing your PR card until you meet them. Each day you stay in Canada after Sept. 24th will eat up another day stayed in 2008 right after your landing but when you get to the 5 year anniversary of your first absence, you'd start adding days again and then you should go over 730 at some point. A part of a day spent in Canada counts as a full day in Canada for PR residency so when you travel, the day you left Canada is a full day and the day you come back is a full day too.

The period examined is always the 5 years preceding the examination date. Examination date is set if you are reported on entry in which case they will look at the 5 years immediately preceding your arrival or if you apply for a PR card renewal in which case it is the 5 years immediately preceding the date they receive your application.
 

sherpeck

Newbie
Jul 29, 2013
3
0
Thank you for your quick response and I think through researching some of your other answers to get into the country and make my 730 days has to be the plan. With flight dates and if your correct a day of flying out or in does actually count as 1 day. I will end up with 731 days!!!

1 quick point: as the snap shot of days is a 5 year window of when you send in for a renewal, is this the day I sign the forms and post or the day they receive them. Such a silly question I am sure but as you stated once I go over 24th September I start losing ground. I am wanting to hand in our forms on the dote to avoid any delays getting a PR card back. Think we may be flagged for a interview due to jumping in and out and also still working for UK company.

Thank you once again, your teams advice is priceless.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
The day they receive your application is the day they consider. You can read about this here:

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7

It also has the definition of a "Day" on page 10.