Residency in Canada

[Thinkin]

After landing in Canada as a landed immigrant, are the days spent in Canada before leaving the country counted towards the 2 year stay in Canada in the 5 year period rule to maintain the PR status?

Also, any days spent in Canada within the 3 years (period one can stay outside the country in a 5 year period without jeopardizing PR status) after landing can be counted as days in Canada from a PR status maintenance perspective even it was for pleasure, job interviews etc?

 

[CDNPR2014]

yes, i believe ANY day spent in canada after landing counts toward the residency obligation, regardless of the reason for being in canada. i think they literally count every single day you are present in canada and use that to determine if you met the requirement or not. i don't believe all days have to be consecutive.

 

[Thinkin]

yes, i believe ANY day spent in canada after landing counts toward the residency obligation, regardless of the reason for being in canada. i think they literally count every single day you are present in canada and use that to determine if you met the requirement or not. i don't believe all days have to be consecutive.

Thank you CDNPR2014. Do they stamp passport while entering? I am asking because if they don't then what proof do I have to show i was in Canada? Do they accept hotel, restaurant receipts etc? Most probably go by road so that I can use the visa automatic re-validation feature to enter US back until I move to Canada for good. Also I noticed that my PR card's expiry is a couple months more than 5 years from my landing in Canada. So if I just should the PR card would they use expiry there as end of 5 years or will they try to locate my landing details to do the calculation?

 

[CDNPR2014]

no, they don't always stamp passports, but this doesn't mean your entries/exits aren't recorded some how, and they can probably get a report from CBSA. i'd imagine they would accept receipts, paystubs, housing agreements, ect. to show residency. The PR card has the expiry date listed on the card. i'm assuming that is the date they use.

 

[specialmary]

Thank you CDNPR2014. Do they stamp passport while entering? I am asking because if they don't then what proof do I have to show i was in Canada? Do they accept hotel, restaurant receipts etc? Most probably go by road so that I can use the visa automatic re-validation feature to enter US back until I move to Canada for good. Also I noticed that my PR card's expiry is a couple months more than 5 years from my landing in Canada. So if I just should the PR card would they use expiry there as end of 5 years or will they try to locate my landing details to do the calculation?

I am a new PR. But when I read other posts, it seems that Border control officer will actually count whether you may fulfill PR Obligation (2/5 years). If it is obvious that you will not be able to fulfill that requirement, they will report you. However, I do not know if they will still allow you to enter the country or not.

Also, regardless of the expiry date on the PR card, border control officer counts whether it is possible for you to physically stay in Canada for 2 out of the five years.

 

[Geo1944]

I have been a PR for 36 years. When I retired..I went to Peru for an extended stay. I had vacationed there about 4 or 5 times. I intended to stay for a year but got involved in supporting an orphanage and could not bring myself to leave at the end of that one year. I returned to Canada 3 or 4 times for 10 days or so and then returned for good in May of 2015 but visited the orphanage for a month in Jan 2016.

My PR card expired in 2009. I need to renew it but only have about 640 days presence in the last 5 years. Question is does CIC take into consideration absence for humanitarian work. It would not be an issue except that I moved to another Province and they want a valid PR card to transfer my divers license and health care.

 

[zardoz]

I have been a PR for 36 years. When I retired..I went to Peru for an extended stay. I had vacationed there about 4 or 5 times. I intended to stay for a year but got involved in supporting an orphanage and could not bring myself to leave at the end of that one year. I returned to Canada 3 or 4 times for 10 days or so and then returned for good in May of 2015 but visited the orphanage for a month in Jan 2016.

My PR card expired in 2009. I need to renew it but only have about 640 days presence in the last 5 years. Question is does CIC take into consideration absence for humanitarian work. It would not be an issue except that I moved to another Province and they want a valid PR card to transfer my divers license and health care.

It would, in my humble opinion, be an act of folly to apply for PR card renewal with such a residency obligation backlog, given that if your good works are not accepted as a valid H&C justification, you could end up losing your PR status. At the very least, you would be looking at secondary review, possibly lasting for many months. Better to get back on track with the residency obligation requirements.

 

[Geo1944]

It would, in my humble opinion, be an act of folly to apply for PR card renewal with such a residency obligation backlog, given that if your good works are not accepted as a valid H&C justification, you could end up losing your PR status. At the very least, you would be looking at secondary review, possibly lasting for many months. Better to get back on track with the residency obligation requirements.

I tend to agree. I will just keep my fingers crossed that I do not need health care in the next 4 months.

 

[Rob_TO]

I have been a PR for 36 years. When I retired..I went to Peru for an extended stay. I had vacationed there about 4 or 5 times. I intended to stay for a year but got involved in supporting an orphanage and could not bring myself to leave at the end of that one year. I returned to Canada 3 or 4 times for 10 days or so and then returned for good in May of 2015 but visited the orphanage for a month in Jan 2016.

My PR card expired in 2009. I need to renew it but only have about 640 days presence in the last 5 years. Question is does CIC take into consideration absence for humanitarian work. It would not be an issue except that I moved to another Province and they want a valid PR card to transfer my divers license and health care.

I would guess no, they will not give any consideration to your work in Peru no matter that it was for a good cause. It was still your personal choice to go there.

As mentioned above, you should definitely not consider applying for PR card renewal until you come back into compliance with the RO so have the full 2 years out of past 5 and not a day less. Since your PR card expired in 2009, I assume you've been traveling on your US or other visa-exempt passport all this time. You should consider yourself lucky you weren't reported by CBSA upon your last entries, for not meeting RO. Note also that as of a few months ago the eTA program cam into full force so traveling without your PR card is now much riskier depending on your passport.

Until you get to the 2 in 5 years requirement, you should also not leave Canada for any reason whatsoever. Else next time you tried to re-enter, you could be reported and have your PR status revoked.