Hi,
Assuming a PR left Canada for 3 years + 40 days, then came back and was let back in without any issues, then they remained in Canada for 2 years and then wanted a new PR card. Could they apply for one after 2 years and 1 day of physical presence? Is there are evidence to support waiting longer than the required 2 years?
Lets also assume this person has strong ties to Canada, e.g. lived in Canada for several years before PR was granted, has a full time job for the last 2 years and several years before their absence.
Thanks
For a PR
IN CANADA buffer time for compliance with PR Residency Obligation relative to an application for a new PR card is something of a
red herring unless by buffer one means at least six months or more, and even then the nature and extent of the PR's ties in Canada, ties signaling (or not) settlement in Canada, tend to loom at least as large. (Essentially the opposite of what some here tend to opine.)
Different story if the PR is outside Canada or traveling outside Canada in the near future.
This is totally different than a PoE Secondary examination involving inquiry into RO compliance, for which a decision can be made that day and, if the PR appears to be substantially short, quite likely to be made that day with potentially definitive consequences (if a 44(1) Report is issued, for example, time in Canada after that day does NOT count toward compliance).
This is totally different than an application for a PR Travel Document submitted to a Visa Office abroad, while the PR is abroad and is presumed to NOT have valid status, and in which event the PR typically continues to be abroad.
Technically, of course, meeting the minimum (730 days within the five years immediately preceding the date the PRC application is made . . . with a slightly different calculation if the PR has not reached the fifth year anniversary of the day of landing) is required to be eligible to be issued a new PRC. However, as long as the PR continues to be IN CANADA, days after making the PRC application continue to count . . . unless and until the PR is reported or issued a Departure Order.
So as long as the PR is close (and it is NOT a situation in which days in Canada from five years past are falling out of the calculation), and staying in Canada, and it is not a credibility situation (not a situation in which IRCC ascertains the PR has been outside Canada more than being reported), there should be NO question about being denied or losing status . . . the question is more about whether IRCC routinely processes the application so that a new card is issued and delivered within the current routine timeline. In this regard, as I have oft observed,
cutting-it-close risks non-routine processing and delays. But as I have also oft observed, in this context
cutting-it-close more or less means having spent less than half time in Canada, as in less than 900 or so days within the preceding five years.
Which is to say, unlike qualifying for citizenship, say, there is little substantive difference between having been present, above the minimum 730 days, for ten days, thirty days, or one-hundred-and-thirty days. IN THIS SCENARIO, that is, for a PR who was absent long enough to be in breach in the past but has been in Canada for TWO consecutive years AND is REMAINING IN CANADA.
Which leads back to RISKS of non-routine processing and delays. Sure, the more days in Canada the better, the lower the risk. BUT contrary to what others seem to suggest, the APPEARANCE OF BEING NOW WELL-SETTLED IN CANADA, is far more likely to lower non-routine processing risks than a buffer measured in weeks or even months. AND full time employment, a well-established household, primary residence, and other Canadian ties tends to bolster the appearance of being well-settled.
Overall, for those
cutting-it-close the far bigger factor tends to be STAYING IN CANADA. Especially since, again, days in Canada after making the PRC application continue to count toward compliance.
The gnashing of teeth and tales of woe told here tend to be told by PRs who, in addition to
cutting-it-close, travel abroad after applying for a new PRC and otherwise tend to appear to NOT be well-settled permanently in Canada.
