Renewal PR Card: RO of 730 days not met in past 5 years

[sad22]

Hi everyone,
Here is my husband's timeline:
Landing: 18 June 2015
Pr Card expires: 20 Sept 2020
Stayed in Canada: 18 June 2015 to 7 Aug 2015 and came back on 9 April 2016 and stayed till 28 Aug 2016.
Since 10 April 2019 he is now in Canada staying with his wife and son. He will stay here till Dec 2020.
What would be the best advice in regards to the renewal of his PR card as he plans to travel outside Canada to visit his old parents back home after Dec 2020.
Thanks for the advice and suggestion from the valued members of the forum

 

[canuck78]

Hi everyone,
Here is my husband's timeline:
Landing: 18 June 2015
Pr Card expires: 20 Sept 2020
Stayed in Canada: 18 June 2015 to 7 Aug 2015 and came back on 9 April 2016 and stayed till 28 Aug 2016.
Since 10 April 2019 he is now in Canada staying with his wife and son. He will stay here till Dec 2020.
What would be the best advice in regards to the renewal of his PR card as he plans to travel outside Canada to visit his old parents back home after Dec 2020.
Thanks for the advice and suggestion from the valued members of the forum

To be compliant with RO he must have been in Canada for 2 years between 18 June 2015 and 18 June 2020. I may be calculating incorrectly but I don’t think he will be compliant with his RO in December 2020. If he leaves he would not qualify for a PRTD if in January 2021 he has not been in Canada for 2 out of the past 5 years.

 

[sad22]

From June 2015 to Sept 2020 he would have stayed for a total of 720 and would have missed by 10 tens to meet the RO within the past 5 years. If he waits and applies for the renewal till end October ( more than 730 days) will it raise any red flag and be denied? What will be the best options to consider
Thanks

 

[canuck78]

From June 2015 to Sept 2020 he would have stayed for a total of 720 and would have missed by 10 tens to meet the RO within the past 5 years. If he waits and applies for the renewal till end October ( more than 730 days) will it raise any red flag and be denied? What will be the best options to consider
Thanks

The issue is you are not counting the 5 years properly. PR card expiry date is not related to RO. As mentioned in m6 previous post it is June 2015- June 2020. He doesn’t meet RO by June 2020. If he looks back 5 years from December 2020 it doesn’t seem like he will meet the 730 days. That means he will have to try an enter via the US border and hope he doesn’t get reported. Worse come to worse you can sponsor him again.

When is he planning on returning to Canada after the wedding?

 

[canuck_in_uk]

From June 2015 to Sept 2020 he would have stayed for a total of 720 and would have missed by 10 tens to meet the RO within the past 5 years. If he waits and applies for the renewal till end October ( more than 730 days) will it raise any red flag and be denied? What will be the best options to consider
Thanks

He will not meet the RO, so yes, his renewal would be refused and he could expect his PR status to be revoked. He can only look back to the 5 years immediately prior to the date he applies. At the end of Sept 2020, he would have barely over 600 days. Even by the end of December 2020, he still wouldn't have 730 days. He needs to remain in Canada until he has over 730 days. He should expect extra scrutiny and a longer processing times if applying so close to the cut-off.

 

[sad22]

He will not meet the RO, so yes, his renewal would be refused and he could expect his PR status to be revoked. He can only look back to the 5 years immediately prior to the date he applies. At the end of Sept 2020, he would have barely over 600 days. Even by the end of December 2020, he still wouldn't have 730 days. He needs to remain in Canada until he has over 730 days. He should expect extra scrutiny and a longer processing times if applying so close to the cut-off.

Thanks for the comments and reply. Actually this is what we are planning to do. Wait after reaching 730 or more days then apply for the renewal.

 

[canuck78]

Thanks for the comments and reply. Actually this is what we are planning to do. Wait after reaching 730 or more days then apply for the renewal.

Confirming that you are cancelling the trip outside Canada in December 2020.

 

[sad22]

Confirming that you are cancelling the trip outside Canada in December 2020.

Yes, we can't take the chance of not respecting the 730 days in the last 5 years and apply for renewal and get a denial. We just want to make sure having all the chances on our side and get the renewal. The trip will be planned ( not for a wedding) after the renewal. But can he leave while it is in process?

 

[sad22]

The issue is you are not counting the 5 years properly. PR card expiry date is not related to RO. As mentioned in m6 previous post it is June 2015- June 2020. He doesn’t meet RO by June 2020. If he looks back 5 years from December 2020 it doesn’t seem like he will meet the 730 days. That means he will have to try an enter via the US border and hope he doesn’t get reported. Worse come to worse you can sponsor him again.

When is he planning on returning to Canada after the wedding?

Yes he will be back after the trip ( not a wedding) but he will need to visit his very old parents

 

[canuck78]

Yes, we can't take the chance of not respecting the 730 days in the last 5 years and apply for renewal and get a denial. We just want to make sure having all the chances on our side and get the renewal. The trip will be planned ( not for a wedding) after the renewal. But can he leave while it is in process?

As long as he continues to meet the RO during his trip. He must continue meeting the 730 days in the past 5 years until he returns back to Canada. I would make sure you have a few weeks of buffer time in case there are any miscalculations. He will have to make sure he has a valid US visa to return through the US or he will need to wait for PRTD. Would recommend landing through the US so you are not waiting until it is determined that have met RO to get a PRTF.

 

[sad22]

As long as he continues to meet the RO during his trip. He must continue meeting the 730 days in the past 5 years until he returns back to Canada. I would make sure you have a few weeks of buffer time in case there are any miscalculations. He will have to make sure he has a valid US visa to return through the US or he will need to wait for PRTD. Would recommend landing through the US so you are not waiting until it is determined that have met RO to get a PRTF.

Yes he still has a valid US visa and will return back to Canada after his trip.

 

[Canireian]

Assuming he is travelling alone and/or you are not a Canadian citizen? Because time outside Canada accompanied by a Canadian spouse or parent can count towards the residency obligation for PR card.

 

[sad22]

Assuming he is travelling alone and/or you are not a Canadian citizen? Because time outside Canada accompanied by a Canadian spouse or parent can count towards the residency obligation for PR card.

He will be travelling alone. Both my son and I, are Canadian citizens ( since November 2018).