Residency requirment

[starzibal]

Hi,
I am aware of the PR requirement that is you would have to complete 730 days out 1825 days i.e. 5 years.
i just have to confirm something. If a person has been staying less than 5 years of becoming/arriving as PR but completed 730 days and go back to his/her country and stays there for 1 year, would that be a problem upon returning?

For example:

Person arrived Sept. 2015 left Canada Nov. 2016, return to Canada March 2017, staying currently in Canada but planning to leave again in Jan. 2018 for one-year period.

My understanding is that since they would have completed 730 days so leaving for 1 year shouldn't be an issue when coming back but since they have been staying here for less than 5 years, i am not sure if this could be an issue.

Please advise.

Thanks

 

[Rob_TO]

Hi,
I am aware of the PR requirement that is you would have to complete 730 days out 1825 days i.e. 5 years.
i just have to confirm something. If a person has been staying less than 5 years of becoming/arriving as PR but completed 730 days and go back to his/her country and stays there for 1 year, would that be a problem upon returning?

For example:

Person arrived Sept. 2015 left Canada Nov. 2016, return to Canada March 2017, staying currently in Canada but planning to leave again in Jan. 2018 for one-year period.

My understanding is that since they would have completed 730 days so leaving for 1 year shouldn't be an issue when coming back but since they have been staying here for less than 5 years, i am not sure if this could be an issue.

Please advise.

Thanks

It's fine. If a PR less than 5 years, the RO check will just confirm that it's possible for you to meet the RO at the 5 year mark.

So basically one could become a PR and immediately leave for 3 years less 1 day, and they will still be in compliance with the RO since they can stay in Canada 2 years to meet the 2-in-5 requirement. Of course one should never actually cut it this close.

 

[starzibal]

Thanks Rob, sorry i am not familiar with term RO, what is it stand for?
Does that mean one can leave even before completion of 730 days and stay out Canada for 1 year before returning if its less than 5 years of residency?

 

[Bs65]

RO=residency obligation.

You can come and go from the country as long as in the first 5 years since initial landing you accumulate 730 days physical residence in Canada. Whether that is 730 days straight or days in country with breaks out of the country does not matter, accumulating 730 out of 1825 is key to meet RO.

 

[starzibal]

RO=residency obligation.

You can come and go from the country as long as in the first 5 years since initial landing you accumulate 730 days physical residence in Canada. Whether that is 730 days straight or days in country with breaks out of the country does not matter, accumulating 730 out of 1825 is key to meet RO.

Thanks

 

[starzibal]

It's fine. If a PR less than 5 years, the RO check will just confirm that it's possible for you to meet the RO at the 5 year mark.

So basically one could become a PR and immediately leave for 3 years less 1 day, and they will still be in compliance with the RO since they can stay in Canada 2 years to meet the 2-in-5 requirement. Of course one should never actually cut it this close.

Thanks