Residency Obligation Requirement for PRTD

[jecr]

Hello!

I’ve read a couple of threads here re: PRTD & Residency Obligations. However, I did not find a similar situation as mine.

I was approved for Permanent Residency last March 2021 inside Canada. I immediately submitted the required documents to IRCC Etobicoke Office.

I am about to go home in the Philippines to get married. My departure date is Sept 2, 2021. I haven’t received my initial PR card and was thinking to apply for PRTD instead. I came across the requirements and stucked with the Residency Obligation:

- I’ve been a resident for LESS than 5 years.
- I don’t qualify for the three scenarios/cases mentioned on cic website.

Currently, I don’t have a job bec of COVID. I’m on my EI benefit and currently living with my relatives.

Here’s a bit of my timeline:

Dec 2016 - arrived in Canada as a Student
Feb 2019 - applied for PR
March 2021 - PR approved
March 2021 - Submitted PR card docs
Sept 2021 - plan to go back home

Questions:
- Is there any way I can apply for PRTD if I don’t qualify on one of the three cases mentioned?

- Should I postpone my departure instead and just wait for the initial PR card?

Residency obligation is the only requirement of PRTD that I cannot comply. Please help…

 

[canuck78]

Hello!

I’ve read a couple of threads here re: PRTD & Residency Obligations. However, I did not find a similar situation as mine.

I was approved for Permanent Residency last March 2021 inside Canada. I immediately submitted the required documents to IRCC Etobicoke Office.

I am about to go home in the Philippines to get married. My departure date is Sept 2, 2021. I haven’t received my initial PR card and was thinking to apply for PRTD instead. I came across the requirements and stucked with the Residency Obligation:

- I’ve been a resident for LESS than 5 years.
- I don’t qualify for the three scenarios/cases mentioned on cic website.

Currently, I don’t have a job bec of COVID. I’m on my EI benefit and currently living with my relatives.

Here’s a bit of my timeline:

Dec 2016 - arrived in Canada as a Student
Feb 2019 - applied for PR
March 2021 - PR approved
March 2021 - Submitted PR card docs
Sept 2021 - plan to go back home

Questions:
- Is there any way I can apply for PRTD if I don’t qualify on one of the three cases mentioned?

- Should I postpone my departure instead and just wait for the initial PR card?

Residency obligation is the only requirement of PRTD that I cannot comply. Please help…

You easily meet the RO because you have plenty of time to meet the 2 out of 5 year RO requirement. With the high levels of covid in the area if you go to the Philippines you have to be prepared that you may get stuck if some sort of travel restrictions are put in place. You would also need to apply for the PRTD as soon as you arrive but it may take a while to get the PRTD so that may also delay your return. In general given that many countries are facing major covid issues I wouldn’t suggest anyone travel at the moment.

 

[jecr]

You easily meet the RO because you have plenty of time to meet the 2 out of 5 year RO requirement. With the high levels of covid in the area if you go to the Philippines you have to be prepared that you may get stuck if some sort of travel restrictions are put in place. You would also need to apply for the PRTD as soon as you arrive but it may take a while to get the PRTD so that may also delay your return. In general given that many countries are facing major covid issues I wouldn’t suggest anyone travel at the moment.

Thank you for your response!

Does that mean that I could apply for PRTD? I was confused when I read the RO on cic website, it says:

If you have been a permanent resident for less than five (5) years

• you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

I have documents as proof to present but could not find what exact case will I fall into:
OPTION 1. Accompanying a Canadian citizen outside Canada

OPTION 2. Employment outside Canada

OPTION 3. Accompanying a permanent resident outside Canada

Can you please shed more light on this? Thank you so much!

 

[canuck78]

Thank you for your response!

Does that mean that I could apply for PRTD? I was confused when I read the RO on cic website, it says:

If you have been a permanent resident for less than five (5) years

• you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

I have documents as proof to present but could not find what exact case will I fall into:
OPTION 1. Accompanying a Canadian citizen outside Canada

OPTION 2. Employment outside Canada

OPTION 3. Accompanying a permanent resident outside Canada

Can you please shed more light on this? Thank you so much!

You don’t fit any of the options. Yes you could apply for a PRTD. On your application indicate that you have only recently landed as a PR in March 2021 and have already accumulated 5-6 months in Canada towards your residency obligation. You have over 4 years to accumulate the remainder of the 730 days required to meet the RO to retain your PR status.

 

[jecr]

You don’t fit any of the options. Yes you could apply for a PRTD. On your application indicate that you have only recently landed as a PR in March 2021 and have already accumulated 5-6 months in Canada towards your residency obligation. You have over 4 years to accumulate the remainder of the 730 days required to meet the RO to retain your PR status.

Thank you sooo much!!!

On the document checklist for, I should leave the requirement for the 3 options mentioned above unchecked, correct?

Again, thank you so much!

 

[jecr]

@canuck78 Sorry, i hope you don’t mind, last question: What supporting documents can I show with my PRTD application? Bank statements? Notice of Assessment? Education Diploma/TOR?

Thank you so much for all the help!

 

[canuck78]

@canuck78 Sorry, i hope you don’t mind, last question: What supporting documents can I show with my PRTD application? Bank statements? Notice of Assessment? Education Diploma/TOR?

Thank you so much for all the help!

Proof of when you became a PR is the most important.

 

[armoured]

Thank you for your response!

Does that mean that I could apply for PRTD? I was confused when I read the RO on cic website, it says:

If you have been a permanent resident for less than five (5) years

• you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

If you find it easier (I do), the simplest way to calculate is whether in any five-year period you have been OUT of Canada LESS than 1095 days, you are in compliance. If the first five years, that means from your first day of landing to the five-year anniversary (eg March 2021 to March 2026). This is because (in essence) you are given the benefit of the doubt on any days remaining to the end of the first (but only the first) five years. After that first five years, it is a 'rolling' five years from whatever date and going back five years.

The law states this slightly differently but in essence the 'you must be in Canada 730 days in five years' is identical to 'you cannot be out of Canada more than 1095 days in five years'. (Five times 365 minus 730 = 1095)

That said, you have to do your own calcs and I'm not taking into account leap years etc (if it's that close for anyone, they should figure it out).

 

[vinitpe46]

Thank you sooo much!!!

On the document checklist for, I should leave the requirement for the 3 options mentioned above unchecked, correct?

Again, thank you so much!

Hi, I am in a similar situation. I did a softlanding, with only 6 days in Canada. So I have plenty of time in the 5 year window. Just wondering, what proof did you give to show you meet the residency obligation?

I would greatly appreciate your reply.