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Residency Obligation - 1095 Days

kumar_montreal

Star Member
Sep 5, 2013
111
0
Category........
Visa Office......
Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
02-09-2014
Hi All,

I have 740 days in Canada and meet the RO. However, I have spent more than 1095 days outside Canada and have returned to Canada. The application for PR renewal has three points - Absences while accompanying a family member who is a canadian citizen
- Absences while employed by a canadian business outside canada
- Absences while accompanying a family member who is a PR and who is employed by a canadian business outside canada

For me, none of the three points are applicable. So, I need to leave these sections in the IMM5444E blank ?
Will it impact my PR renewal ?
Anyone faced this scenario, kindly revert.
Thanks.
 

armoured

VIP Member
Feb 1, 2015
15,368
7,833
I have 740 days in Canada and meet the RO. However, I have spent more than 1095 days outside Canada and have returned to Canada.
You must not be looking at the five year period but more. Go back five years from today and double-check.

740 + 1095 days = 1845
5 * 365 = 1825

It is not possible that you have spent both 740 days in Canada and 1095 days outside in the last five years.
 
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scylla

VIP Member
Jun 8, 2010
92,832
20,491
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi All,

I have 740 days in Canada and meet the RO. However, I have spent more than 1095 days outside Canada and have returned to Canada. The application for PR renewal has three points - Absences while accompanying a family member who is a canadian citizen
- Absences while employed by a canadian business outside canada
- Absences while accompanying a family member who is a PR and who is employed by a canadian business outside canada

For me, none of the three points are applicable. So, I need to leave these sections in the IMM5444E blank ?
Will it impact my PR renewal ?
Anyone faced this scenario, kindly revert.
Thanks.
If you have spent more than 1095 days outside of Canada within the last 5 years, then you don't meet RO.

When exactly did you return to Canada? Was this over two years ago and you have now spent 740 days in Canada since returning?
 

kumar_montreal

Star Member
Sep 5, 2013
111
0
Category........
Visa Office......
Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
02-09-2014
My mistake. Yes, I was looking at >5 year period. I spent around 700 days in Canada and then spent 1095 days outside Canada. I returned now and I find the options in Section D of the form. I will complete the required days in Canada now to make the total >730 and then apply for PR renewal.
Now, since none of the options in Section D is applicable, shall I leave it blank ? Any impact on the same ?
 

armoured

VIP Member
Feb 1, 2015
15,368
7,833
My mistake. Yes, I was looking at >5 year period. I spent around 700 days in Canada and then spent 1095 days outside Canada. I returned now and I find the options in Section D of the form. I will complete the required days in Canada now to make the total >730 and then apply for PR renewal.
Now, since none of the options in Section D is applicable, shall I leave it blank ? Any impact on the same ?
That section starts with text that says "Complete this section if you have been outside of Canada for 1095 days or more in the past five (5) years."

If you will be applying after you have more than 730 days in Canada (and therefore less than 1095 days outside), then just leave those sections blank.

(I don't think it will hurt to write N/A for not applicable in those sections, but not necessary either).

Note, some here suggest waiting an extra 30 days or so for some extra days as residency obligation 'buffer', to avoid processing taking longer or just in case of errors in calculation or whatever. I have no strong opinion on that.
 

Aleks30

Star Member
Oct 1, 2021
73
18
A person with an analytical mind will immediately understand how these questionnaires are composed.
The 3 sections in this questionnaire are - good reasons. These reasons fall under the law. And this is permissible.
Consequence - the application can be considered right on the spot and immediately.

Any other reasons entail additional consideration. Separately!
This means- time, nerves, waiting!
But the main problem is (and this is what the law says) that in this case the time of consideration is NOT REGULATED!
The time for consideration of the application is not limited!

It is a mistake to think that if you already have the required number of days, the case will be immediately considered.


Your application can lie under the table for many years.
And no one will force anyone to remember this and consider.
 

Aleks30

Star Member
Oct 1, 2021
73
18
It is important to understand that if the application is sent to the local office for consideration, then there are HUGE PROBLEMS !
Each local office has THOUSANDS of applications to process.
These are various students .. illegal residents .. All with their own requests and questions that need to be resolved. And you find yourself in a huge queue and an irresponsible situation.
And nobody can influence this.
You just have to wait, pray, and hope that SUDDENLY your application will be taken and considered.
 
Jan 16, 2018
10
2
Aleks30 - understand your frustration, but please don’t go off topic and start blaming the govt on every thread. Mistake has been done in your case, and get a lawyer to get some resolution if possible. The path you are going will lead to more darkness.
 

jakklondon

Hero Member
Oct 17, 2021
582
139
Aleks30 - understand your frustration, but please don’t go off topic and start blaming the govt on every thread. Mistake has been done in your case, and get a lawyer to get some resolution if possible. The path you are going will lead to more darkness.
He might be wrong, but any free minded citizen (not a vassal of feudal lord, nor someone accustomed to slavery) should treat government as biggest threat to freedoms and individual rights, and should always be watching their government, keep it in check and criticize when due. Founders of American republic taught this to us and we better listen to what they had to say about government that had free reign to do as it pleased (we know what British King did to Americans before American Revolution). So, if you have anything to say against Aleks30, feel free to do so. But blaming government for its' faults is something we all should do (even those of us who disagree with Aleks30). It's path to freedom and accountable government, not to "darkness".
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
My mistake. Yes, I was looking at >5 year period. I spent around 700 days in Canada and then spent 1095 days outside Canada. I returned now and I find the options in Section D of the form. I will complete the required days in Canada now to make the total >730 and then apply for PR renewal.
Now, since none of the options in Section D is applicable, shall I leave it blank ? Any impact on the same ?
Looks like you may only be trying to meet your RO, apply for PR card renewal and return to India. This plan doesn’t work because you now must meet the 730 days out of 5 years on any day. If you leave you start losing days counted towards your RO and you will become out of compliance with your RO soon after applying for PR card renewal.

When it comes to traveling with a Canadian citizen abroad what is your exact scenario? What about your work for a Canadian company abroad? Is this for a government agency? Was this a temporary transfer from your job in Canada?
 

armoured

VIP Member
Feb 1, 2015
15,368
7,833
When it comes to traveling with a Canadian citizen abroad what is your exact scenario? What about your work for a Canadian company abroad? Is this for a government agency? Was this a temporary transfer from your job in Canada?
I believe OP said that none of these apply to his case.
 

dpenabill

VIP Member
Apr 2, 2010
6,268
3,028
@kumar_montreal

For parts of the application form which are not applicable, it is generally best to enter "Not Applicable" or at least "N/A" . . . but that said, for the PR card application leaving part D. blank will not, not ordinarily anyway, cause any problems (unless the PR actually needs such credit, assuming the PR qualifies for such credit for time outside Canada).

Part D. is for PR card applicants whose travel history, in Part C. Item 21, does not show they were actually present in Canada for at least 730 days within the last five years. And ONLY if they qualify for credit toward Residency Obligation compliance for time abroad, based on one of the three circumstances or "situations" provided for in Part D. of the application.

Caution: this forum is vulnerable to distraction and disruption; better to skip by posts from participants who feel qualified to interrupt responses to genuine queries with irrelevant and largely unfounded defamation aimed at Canada's civil servants even though they personally are not even residents of Canada and have, at most, only peripheral ties to Canada, and minimal experience dealing with the Canadian government. Way too much they offer is way too far off to try addressing, other than to say just ignore (even though on occasion they might post tidbits of accurate information, perhaps even more so than how often a broken clock is right; just not worth wading through the muck to extract what is mostly likely being said, anyway, by other more reliable forum participants.)


I have 740 days in Canada and meet the RO. However, I have spent more than 1095 days outside Canada and have returned to Canada. The application for PR renewal has three points - Absences while accompanying a family member who is a canadian citizen
- Absences while employed by a canadian business outside canada
- Absences while accompanying a family member who is a PR and who is employed by a canadian business outside canada

For me, none of the three points are applicable. So, I need to leave these sections in the IMM5444E blank ?
As others have aptly illuminated, it is not possible to have both credit for 740 days IN Canada and have spent more than 1095 days outside Canada within the relevant time period. I revisit this because if you left Canada and spent more than 1095 days outside Canada before returning here, it warrants noting with some emphasis it will now require spending TWO years in Canada since coming here for you to get into compliance with the Residency Obligation. Once you passed the 1095 days in a row abroad threshold, there is no way back into compliance without spending two full years here. (This is because days in Canada you currently have credit for, from prior to a three year absence, will fall out of the calculation and no longer count going forward, as they fall outside the relevant five years that count, so new days in Canada just offset the loss of the day from five years ago.)


When it comes to traveling with a Canadian citizen abroad what is your exact scenario? What about your work for a Canadian company abroad? Is this for a government agency? Was this a temporary transfer from your job in Canada?
Errrrr . . . as @armoured noted, it appears you overlooked this:

Now, since none of the options in Section D is applicable, shall I leave it blank ?
Moreover, this too does not fit the OP's scenario:

Looks like you may only be trying to meet your RO, apply for PR card renewal and return to India. This plan doesn’t work because you now must meet the 730 days out of 5 years on any day. If you leave you start losing days counted towards your RO and you will become out of compliance with your RO soon after applying for PR card renewal.
If the OP, that is @kumar_montreal, stays TWO years and then applies for a new PR card, as it appears the OP needs to do to get into compliance, the OP could then leave Canada for an extended period of time without breaching the RO . . . up to three years actually. Not that I recommend following a plan of that sort. Not the sort of thing I offer recommendations about.
 
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