Renewing PR card with only meeting physical presence and not being a resident.

[davidjesse091]

Hello

From my understanding the immigration law related to being a PR only requires physical presence in Canada (730 days within the last 5 years) and not to be a full time resident? am I correct?

By staying 5 months per year in Canada for years comes to about 750 days which would meet the 730 days minimum.

I would be entering and leaving Canada from/to the US and I know that US and Canada share entry/exit information.

When time comes to renew my PR card, is there any specific document the agency asks for to prove my physical presence? Or would the data recorded by border be enough? Friends and businesses can also verify my physical presence but does the agency accept that?

As for documents I would have my passport and my expired PR card. Would that be enough or do they need provincial IDs issued in Canada?

 

[scylla]

Hello

From my understanding the immigration law related to being a PR only requires physical presence in Canada (730 days within the last 5 years) and not to be a full time resident? am I correct?

By staying 5 months per year in Canada for years comes to about 750 days which would meet the 730 days minimum.

I would be entering and leaving Canada from/to the US and I know that US and Canada share entry/exit information.

When time comes to renew my PR card, is there any specific document the agency asks for to prove my physical presence? Or would the data recorded by border be enough? Friends and businesses can also verify my physical presence but does the agency accept that?

As for documents I would have my passport and my expired PR card. Would that be enough or do they need provincial IDs issued in Canada?

It's all in the application guide. Suggest you read through that in detail.

You will need to keep track of your own travel and provide a complete travel record with your application.

You are also required to provide supporting documents to prove you meet the residency obligation.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA

Supporting documents showing that you meet the residency obligation

• You must provide copies of 2 pieces of evidence that can show residency in Canada in the five (5) years immediately before the application, such as:
  • employment records or pay stubs;
  • bank statements;
  • Canada Revenue Agency (CRA) Notice of Assessment for the five (5) years immediately before the application
  • evidence that you received benefits from Canadian government programs;
  • rental agreements;
  • club memberships;
  • or any other documents that prove you met your residency obligation.

 

[Ponga]

Hello

From my understanding the immigration law related to being a PR only requires physical presence in Canada (730 days within the last 5 years) and not to be a full time resident? am I correct?

By staying 5 months per year in Canada for years comes to about 750 days which would meet the 730 days minimum.

I would be entering and leaving Canada from/to the US and I know that US and Canada share entry/exit information.

When time comes to renew my PR card, is there any specific document the agency asks for to prove my physical presence? Or would the data recorded by border be enough? Friends and businesses can also verify my physical presence but does the agency accept that?

As for documents I would have my passport and my expired PR card. Would that be enough or do they need provincial IDs issued in Canada?

That may not be entirely accurate and certainly not something you should bank on. Exit data is the sticking point.

 

[canuck78]

Hello

From my understanding the immigration law related to being a PR only requires physical presence in Canada (730 days within the last 5 years) and not to be a full time resident? am I correct?

By staying 5 months per year in Canada for years comes to about 750 days which would meet the 730 days minimum.

I would be entering and leaving Canada from/to the US and I know that US and Canada share entry/exit information.

When time comes to renew my PR card, is there any specific document the agency asks for to prove my physical presence? Or would the data recorded by border be enough? Friends and businesses can also verify my physical presence but does the agency accept that?

As for documents I would have my passport and my expired PR card. Would that be enough or do they need provincial IDs issued in Canada?

Yes this is possible. You are unlikely to qualify for healthcare in Canada if you do this plan because you won’t be able to meet the residency requirement for the first year to qualify for healthcare in your province. During the first year you are required to be in a province for 6-12 months to qualify for a health card depending on the province. You will need to take out private health insurance to cover any medical emergencies you have while in Canada. In order to apply for a health card and to qualify for public healthcare you need to meet the residency requirement in your province to qualify for a health card and also have a valid health card. You could also be a tax resident even if you don’t stay over 6 months in Canada. You will need to contact CRA and ask them to determine whether you are a tax resident and also should advise them when you leave Canada especially if you are receiving certain benefits.

You may actually have a bigger problem with US border agents versus the Canadian ones. Many have had issue with US border agents questioning why they are going to Canada if they have status in the US and pressuring you to pick one or the other.

 

[davidjesse091]

Yes this is possible. You are unlikely to qualify for healthcare in Canada if you do this plan because you won’t be able to meet the residency requirement for the first year to qualify for healthcare in your province. During the first year you are required to be in a province for 6-12 months to qualify for a health card depending on the province. You will need to take out private health insurance to cover any medical emergencies you have while in Canada. In order to apply for a health card and to qualify for public healthcare you need to meet the residency requirement in your province to qualify for a health card and also have a valid health card. You could also be a tax resident even if you don’t stay over 6 months in Canada. You will need to contact CRA and ask them to determine whether you are a tax resident and also should advise them when you leave Canada especially if you are receiving certain benefits.

You may actually have a bigger problem with US border agents versus the Canadian ones. Many have had issue with US border agents questioning why they are going to Canada if they have status in the US and pressuring you to pick one or the other.

I think I would only have issues with US border agents if I had a green card no? I have a US Passport so there should be no issues right?

I don't plan on applying for any public health care for the time being as I don't want to become a Canadian tax resident due to assets I own in the US which can complicate my tax situation. I'm still researching the laws around this.

 

[canuck78]

I think I would only have issues with US border agents if I had a green card no? I have a US Passport so there should be no issues right?

I don't plan on applying for any public health care for the time being as I don't want to become a Canadian tax resident due to assets I own in the US which can complicate my tax situation. I'm still researching the laws around this.

Why are you trying to maintain your PR then? Whether you become a tax resident depends on many things. US border agents often still comment about why you are maintaining PR when you have US citizenship especially when you are only spending a short amount of time in Canada every year. If you wanted to live in Canada it may make sense but living in Canada for 5 months a year will complicate your life. Finding housing for short amounts of time, avoiding forming any form of tie to Canada to not become a tax resident, work complications, etc. seems like a huge hassle if you are a US citizen.

 

[davidjesse091]

Why are you trying to maintain your PR then? Whether you become a tax resident depends on many things. US border agents often still comment about why you are maintaining PR when you have US citizenship especially when you are only spending a short amount of time in Canada every year. If you wanted to live in Canada it may make sense but living in Canada for 5 months a year will complicate your life. Finding housing for short amounts of time, avoiding forming any form of tie to Canada to not become a tax resident, work complications, etc. seems like a huge hassle if you are a US citizen.

The reason I want to maintain it is because ultimately I want to get Canadian citizenship. My relatives in Canada are increasing and I'm thinking if I don't end up getting married in US and starting a family I may end up moving there also. By having citizenship I will know I can do that at anytime. If I lose my PR status it may not be able to get it in the future.

As for becoming a tax resident, I was reading up on the US Canada tax treaty. So from my understanding, I would be a tax resident in the country I have a home available to me, if I have a home available in both counties then ties comes into play.

Another possibility: I would get a job in Canada after getting laid off from my current one in US. Live and work there for three years to get Canadian citizenship then become a tax non resident. Under the 60 months rule I would not owe any capital gains tax on my foreign assets.

 

[steaky]

Under the 60 months rule I would not owe any capital gains tax on my foreign assets.

Never heard of it. Is the rule a US thing?

 

[davidjesse091]

Never heard of it. Is the rule a US thing?

I think so, you can read about it here

https://cardinalpointwealth.com/2015/08/27/americans-exiting-canada-understanding-the-five-year/

 

[scylla]

Never heard of it. Is the rule a US thing?

It's a CRA rule. It doesn't just apply to Americans.