+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Maintaining Permanent Residency. Does the 730 days within 5-year period only get examined only on the date of expiry of the PR card?

limits

Star Member
May 13, 2015
77
5
Let's say I got my Confirmation of Permanent Residency and Permanent Residency Card on 01-January-2017 and it is valid until 01-January-2022.

I then live in Canada continuously for 730 days from 01-January-2017 to 01-January-2019 completing my 2-year residency period for that 5-year period. I then leave Canada and do not come back until 01-January-2022 to renew my card. At this point I am able to successfully renew my card since I do meet the residency obligation requirements of 2 years within the last 5 years.

My new PR card is issued on 01-January-2022 and expires on 01-January-2027. Now is this my new 5-year period during which I have to do the 2-years within 5-years requirement to maintain Permanent Residency?

So, continuing with the example, let's say I renew my card and immediately leave Canada again on the same date, 01-January-2022. I then come back to Canada on 01-January-2025. I then live in Canada for 730 days or 2 years continuously until the expiry of my PR card. So, again this time when I apply for renewal of the PR card, I would be eligible for the PR since I have again completed the 730 days within 5 year requirement (the only difference is that I completed it at the end of the 5-year period rather than the start).

So in essence, my question is that once the first 730 days after receiving PR have been completed, it would allow you to spend a total of 5 years outside Canada (except for the time you came to renew your PR card), while still maintaining Permanent Resident status?

Is this interpretation correct? Thanks for the help!
 

Bs65

VIP Member
Mar 22, 2016
12,099
2,109
The PR card validity is not relevant to the residency obligation.

From The initial 5 years from initial landing 2 years must be in Canada.

After the initial 5 year period then 2 years must be in Canada in any 5 year period preceding each new entry to the country.

So if someone landed May 1 2015 then by Apr 30 2020 they needed to have been in Canada for 2 years.

From May 1 2020 then each time they come back into Canada they need to be able to show in the preceding 5 years 2 years residency. So if come back July 1 2020 then in the 5 years back to July 1 2015, 2 years residency. After the initial 5 years the 5 year residency window becomes a rolling 5 years each time enter the country so there is no way to leave the country for say 5 years without failing the RO by a significant amount.

Basically the 5 year period is not started afresh at the end of each 5 years.
 
Last edited:

limits

Star Member
May 13, 2015
77
5
After the initial 5 year period then 2 years must be in Canada in any 5 year period preceding each new entry to the country.
Hi, I think this is incorrect as immigration officers are not allowed to deny you entry at the port of entry as long as you have a valid PR card, regardless or if you have met the residency obligation or not.

7.8 Examining permanent residents at a POE

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact that the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a permanent resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissibility.

Port of entry (POE) officers can refuse entry to a permanent resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force). In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation ofA28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where: permanent resident status is established; the permanent resident refuses to provide any further information and enters Canada; and the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). If there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).
Here is the direct quote from https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.
2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.
Also, the above 2 quotes lead me to believe that you are right, it is a rolling window, but the visa officer only examines this at the date of reapplication of PR. So you are allowed to satisfy the 730 day requirement at any time during the 5 years when your PR card is valid. It does not have to be continuous.
 

dpenabill

VIP Member
Apr 2, 2010
4,314
1,459
Let's say I got my Confirmation of Permanent Residency and Permanent Residency Card on 01-January-2017 and it is valid until 01-January-2022.

I then live in Canada continuously for 730 days from 01-January-2017 to 01-January-2019 completing my 2-year residency period for that 5-year period. I then leave Canada and do not come back until 01-January-2022 to renew my card. At this point I am able to successfully renew my card since I do meet the residency obligation requirements of 2 years within the last 5 years.

My new PR card is issued on 01-January-2022 and expires on 01-January-2027. Now is this my new 5-year period during which I have to do the 2-years within 5-years requirement to maintain Permanent Residency?

So, continuing with the example, let's say I renew my card and immediately leave Canada again on the same date, 01-January-2022. I then come back to Canada on 01-January-2025. I then live in Canada for 730 days or 2 years continuously until the expiry of my PR card. So, again this time when I apply for renewal of the PR card, I would be eligible for the PR since I have again completed the 730 days within 5 year requirement (the only difference is that I completed it at the end of the 5-year period rather than the start).

So in essence, my question is that once the first 730 days after receiving PR have been completed, it would allow you to spend a total of 5 years outside Canada (except for the time you came to renew your PR card), while still maintaining Permanent Resident status?

Is this interpretation correct? Thanks for the help!
SHORT ANSWER: What @Bs65 stated.

For Emphasis: Validity date of PR card is NOT at all relevant in assessing compliance with the PR Residency Obligation.

Otherwise, stating the PR RO another way:

Prior to the fifth year anniversary of the day the PR landed (date the PR became a PR), the PR complies with the RO so long as the PR is NOT absent from Canada for more than 1095 days since the day of landing.

After the fifth year anniversary of the day the PR landed, to be in compliance with the RO the PR needs to have been IN Canada at least 730 days within any and every five year time period . . . which is calculated based on the date of an examination, which typically may be any of the following:
-- date of arrival at a PoE when returning to Canada​
-- date a PR card application is made​
-- date an application is made abroad for a PR Travel Document​
-- any other date a Residency Determination is made, such as triggered by some other application, but can be the date of almost any interview with IRCC​

For further clarification: after the fifth year anniversary of landing, if there is an examination as to RO compliance the relevant five years is based on the date of that examination, during which the PR needs to have been IN Canada at least 730 days. Thus, if a PR is questioned about RO compliance on September 21, 2020, to be in compliance the PR needs to have been IN Canada at least 730 days between September 21, 2015 and September 21, 2020.

To illustrate this even further: If this spring a PR is issued a renew PR card, which is valid until April 19, 2025, and after traveling abroad the PR is returning to Canada on September 21, 2020, to be in compliance with the RO upon arrival at the PoE that day, the PR needs to have been IN Canada at least 730 days between September 21, 2015 and September 21, 2020.
 

Bs65

VIP Member
Mar 22, 2016
12,099
2,109
Hi, I think this is incorrect as immigration officers are not allowed to deny you entry at the port of entry as long as you have a valid PR card, regardless or if you have met the residency obligation or not.



Here is the direct quote from https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf.





Also, the above 2 quotes lead me to believe that you are right, it is a rolling window, but the visa officer only examines this at the date of reapplication of PR. So you are allowed to satisfy the 730 day requirement at any time during the 5 years when your PR card is valid. It does not have to be continuous.
I never said that with a valid PR card a PR would be refused entry neither did I say the 2 years must be continuous. Every time someone enters the country CBSA can verify whether the residency obligation has been met, if it has not then they can chose to start the process to revoke PR status subject to appeal but still allowed to enter.
 

limits

Star Member
May 13, 2015
77
5
I never said that with a valid PR card a PR would be refused entry neither did I say the 2 years must be continuous. Every time someone enters the country CBSA can verify whether the residency obligation has been met, if it has not then they can chose to start the process to revoke PR status subject to appeal but still allowed to enter.
I see, so basically if you want to be completely safe, you want to continue to maintain 2 years within 5 years at any point in time when entering Canada since if the officer is having a bad day and you haven't met your obligations he can start proceedings even if he can't deny you entry?
 

Besram

Star Member
Jun 13, 2019
84
28
I see, so basically if you want to be completely safe, you want to continue to maintain 2 years within 5 years at any point in time when entering Canada since if the officer is having a bad day and you haven't met your obligations he can start proceedings even if he can't deny you entry?
Pretty much correct however I wouldn’t describe an officer reporting you as having a bad day. There are hundreds of appeal cases you can look up on CanLII where this has happened.

It is part of a CBSA officer’s job to decide if you are admissible. If they believe, on a balance of probabilities, that you did not meet RO they actually must write a report (unless you have humanitarian or compassionate reasons).

It is true that forum members short of RO have reported that they were allowed to enter without a report being written.

In some cases, they simply weren’t asked too many questions at the primary inspection line and their breach wasn’t discovered.

In other cases, their residency shortfall was found out, but the officer decided not to write a report. This isn’t luck, but most likely due to an assessment of humanitarian and compassionate reasons on the spot.

So yeah, I definitely wouldn’t bank on getting in without issues.

We also don’t know how border processing has changed during the pandemic, but my guess is that arrivals are being questioned in more detail at the PIL, especially in regards to travel history etc. This may or may not increase chances of an RO breach being discovered.
 
  • Like
Reactions: dpenabill

limits

Star Member
May 13, 2015
77
5
Pretty much correct however I wouldn’t describe an officer reporting you as having a bad day. There are hundreds of appeal cases you can look up on CanLII where this has happened.

It is part of a CBSA officer’s job to decide if you are admissible. If they believe, on a balance of probabilities, that you did not meet RO they actually must write a report (unless you have humanitarian or compassionate reasons).

It is true that forum members short of RO have reported that they were allowed to enter without a report being written.

In some cases, they simply weren’t asked too many questions at the primary inspection line and their breach wasn’t discovered.

In other cases, their residency shortfall was found out, but the officer decided not to write a report. This isn’t luck, but most likely due to an assessment of humanitarian and compassionate reasons on the spot.

So yeah, I definitely wouldn’t bank on getting in without issues.

We also don’t know how border processing has changed during the pandemic, but my guess is that arrivals are being questioned in more detail at the PIL, especially in regards to travel history etc. This may or may not increase chances of an RO breach being discovered.
I have already met my residency obligation for the first 5 years as a PR and have applied for citizenship. I'm just worried that due to the delays I may not get my citizenship within the next 3 years hence the question. Preparing for the future. I am good for a couple of years though.