I have one query on Pr card renewal as we have stayed my home country 1113 days means beyond 1095 days and but we met the criteria of 730 days infarct it is almost 735 days till today. Our Pr card renewal in July 2022. Can we make application right way for Pr Renewal ?
please give your suggestion on that asap! Thanks!
Overall: you appear to be close and close enough many might choose to take their chances, but it appears you are in breach of the Residency Obligation and it could be January or February or so
NEXT YEAR before you are technically in RO compliance. Making an application while in RO breach has risks. If you are well-established here now, the risk should be low, but you should be aware that making a PR card application while in breach of the RO is gambling.
Reminder: Assuming you landed and became a PR prior to June 7, 2017 (that is, more than five years ago as of now): to calculate your RO compliance today, June 9, 2022, you count days IN Canada between June 9, 2017 and June 9, 2022. Days in Canada prior to June 9, 2017 NO LONGER COUNT (they are not in the relevant five years).
LONGER EXPLANATION:
Not sure how or where, but your arithmetic is off somewhere. There are only 1825 days (plus a day for February 29 in leap years) in the relevant five year time period for calculating Residency Obligation compliance. If you were outside Canada for 1113 days during the relevant five years, subtracted from 1825 that leaves just 712 (or 713 if February 29, 2020 is included).
Conversely, if you have been IN Canada for 735 days within the relevant five year period (1825 days), that would mean you were outside Canada just 1090 (possibly 1091 if February 29, 2020 is counted) days.
PR card expiration date is NOT relevant.
The relevant five year period is based on today's date (or the date of a transaction with IRCC or CBSA), and it is the five previous years.
EXCEPT, until the fifth year anniversary of the date of landing; up to this date, the relevant five years are the five years following the date of landing.
Examples:
-- if the PR landed May 19, 2017, the relevant five years is currently (as of today) June 9, 2017 to June 9, 2022 (based on five years previous to today).
-- if the PR landed July 7, 2017, the relevant five years is currently July 7, 2017 to July 7, 2022 . . . but that is true only to July 7, 2022 (based on the five years following the date of landing) . . . and the PR gets credit for days between now and July 7, 2022 (credit is for days IN Canada since landing PLUS days left on the calendar until the fifth year anniversary of the landing date).
Ordinarily if the PR is close to meeting the RO, an early application for a PR card will not trigger action to terminate PR status. It may, however, trigger non-routine processing that can delay getting a new PR card.
This is especially so if it appears the PR is NOW well-settled IN Canada, basically having established PERMANENT residence (residence in fact, not just status) in Canada.
HOWEVER, any time a PR is in breach of the Residency Obligation there is a risk the RO will be enforced and action taken to terminate PR status.
Which brings this to your particular situation. I do not know your precise date of landing. I am guessing that May 19, 2017 is not far off. ASSUMING a landing date of May 19, 2017, and based on posts saying you were here initially for nine months, you are not getting any more credit for days you are here because the days you were here five years ago are falling outside the five years that count.
For example, if you were here the entire month of June 2017: you gain a day credit for every day you are here in June 2022 but you lose a day for that respective day in June 2017, so there is NO net change in calculating days in Canada; the calculation stays the same.
So, if you were outside Canada a total of 1113 days between when you left Canada after being here nine months, you are in breach of the RO by 18 days (maybe 17 days) . . . and you will continue to be in breach of the RO for the rest of the corresponding nine months that you were here five years ago.
Back to the landing May 19, 2017 example, and you being here for the next nine months back then, and then 1113 days outside Canada. Today you would be 18 days short of meeting the RO. Three months from now, say September 8, 2022, you will still be 18 days short of being in RO compliance. (As of September 8, 2022 the RO compliance calculation will count days in Canada between September 8, 2017 and September 8, 2022.)
That is close enough many might risk it. But you are short and being short has risks.
