RO obligations - PR card Renewal application

[Waji77]

Need an advise,

We landed in July 2015 and had our PR card valid till Sept 2020, we travelled back to our original residence and my family returned permanently to Canada in June 2017 and have continued to live in Canada with some few vacations here and there. However I didn’t moved fully till Oct’19 due to mother’s cancer treatment and due to my employer which is an international company and has an office in Canada and was taking time for transfer (note that it is not a Canadian company). Between 2017 and 2019, I travelled often and had accumulated around 5-6 months worth of stay.
Now as my family has enough days to renew their PR card which has expired in Sept’20 and we haven’t applied for it yet, as someone advised that we should all apply together and as their Citizenship days are also accumulated. However I am short of around 170 days for PR RO and have accumulated 560 days in last 5 years and my 730 days will only be completed in July'21. Now need advise:
1- If I should apply my PR card renewal along with my family? or
2- Should we only send renewal application for the family and I wait till I totally complete 730 days ?
3 - Also knowing the fact that there are around 100 days processing time, so should I apply when it is 100 days remaining or after all 730 days are completed.
4 - By applying along with family, does that increase my chance ? or rather it may also affect their application and cause delays?,
5 - Are these applications considered separately or as one family application ?

Thanks in advance !

 

[IndianBos]

Need an advise,

We landed in July 2015 and had our PR card valid till Sept 2020, we travelled back to our original residence and my family returned permanently to Canada in June 2017 and have continued to live in Canada with some few vacations here and there. However I didn’t moved fully till Oct’19 due to mother’s cancer treatment and due to my employer which is an international company and has an office in Canada and was taking time for transfer (note that it is not a Canadian company). Between 2017 and 2019, I travelled often and had accumulated around 5-6 months worth of stay.
Now as my family has enough days to renew their PR card which has expired in Sept’20 and we haven’t applied for it yet, as someone advised that we should all apply together and as their Citizenship days are also accumulated. However I am short of around 170 days for PR RO and have accumulated 560 days in last 5 years and my 730 days will only be completed in July'21. Now need advise:
1- If I should apply my PR card renewal along with my family? or
2- Should we only send renewal application for the family and I wait till I totally complete 730 days ?
3 - Also knowing the fact that there are around 100 days processing time, so should I apply when it is 100 days remaining or after all 730 days are completed.
4 - By applying along with family, does that increase my chance ? or rather it may also affect their application and cause delays?,
5 - Are these applications considered separately or as one family application ?

Thanks in advance !

You can apply separately from your family, I did that as well. Doesnt increase or decrease the chances. All applications are considered seperate.

Most important point to note is that the person whose application is being submitted has completed 730 days of RO. If possible, add buffer of 30 days. The date that you sign the application, you should have met the RO (plus 30 days to be the safe). Dont send your application 100 days before meeting RO, they always consider the date the application was signed and count RO from then.

 

[dpenabill]

Between 2017 and 2019, I travelled often and had accumulated around 5-6 months worth of stay.
Now as my family has enough days to renew their PR card which has expired in Sept’20 and we haven’t applied for it yet, as someone advised that we should all apply together and as their Citizenship days are also accumulated. However I am short of around 170 days for PR RO and have accumulated 560 days in last 5 years and my 730 days will only be completed in July'21.

@IndianBos covered this. PR card applications are individual.

Family settled in Canada reduces the risk of actually losing PR status despite being in breach. Apparently you have been able to return to Canada without being reported even though you were already in breach of the RO.

But as @IndianBos suggests (notwithstanding the clarification I discuss below), the most important thing is to get into compliance with the RO (730 days IN Canada within the past five years) before engaging in a transaction with IRCC, including making a new PR card application. And, BEFORE traveling outside Canada again.

You can apply separately from your family, I did that as well. Doesnt increase or decrease the chances. All applications are considered seperate.

Most important point to note is that the person whose application is being submitted has completed 730 days of RO. If possible, add buffer of 30 days. The date that you sign the application, you should have met the RO (plus 30 days to be the safe). Dont send your application 100 days before meeting RO, they always consider the date the application was signed and count RO from then.

Mostly concur . . . with a clarification regarding:

". . . they always consider the date the application was signed and count RO from then."​

I do not know what you mean by "always consider" but for PR card applications the date that IRCC is actually reviewing the PR's compliance with the Residency Obligation is the most important consideration for RO compliance related decision-making.

A PR cannot and will not have PR status revoked, for example, just because, on the date the PR signed the PR card application, the PR was not in compliance on that date. Days IN Canada after signing the application up to the date of a formal examination of compliance MUST be counted. (Only days after being issued a 44(1) Report or denied a PR TD application will not count.)

For practical purposes, especially given the variables in individual circumstances, and especially in consideration of any time abroad after applying, but also paying attention to the prospective loss of days in Canada from five years ago, the conventional wisdom is to be sure to fully meet the RO as of the day the PR card application is signed and to stay in compliance. But the why for this is . . . well . . . mostly about insurance and reducing the risk of non-routine processing that can be both inconvenient and lengthy.

To my view, an incremental margin over 730 is relatively insignificant . . . but again, this can vary in individual circumstances. The PR cutting-it-close and relying on days from five years ago should be extra cautious, for example. And any PR cutting-it-close and considering travel abroad in the meantime, likewise should be extra cautious. But I doubt there is much difference for a PR with 735 days and a PR with 767 days -- other factors will have far more influence than the additional 30 or so days.

Would note, for example, regarding . . .

"Dont send your application 100 days before meeting RO . . . "​

I agree. But I agree because it is possible that IRCC could open the application, contact the PR, and conduct a formal RO compliance examination in less than 100 days, and the PR would be in breach at that stage. This is NOT likely. But there is a risk. And to what extent the individual PR is at RISK for an adverse action being taken can depend on many other factors.

In contrast, if IRCC is not even opening the PR card application for 100 days (currently it appears the time line is a bit faster than that), there is NO risk that the PR will be found to be in breach of the RO and lose PR status because the application was signed on a date 100 days before the PR was in compliance.

The risk of non-routine processing resulting in a delay getting a new PR card is a separate matter. And as I noted, in regards to this I doubt incremental margins make much if any difference.

Warranting emphasis: What makes the key difference you hit square and true: that the PR have 730 days credit toward RO compliance when IRCC makes its assessment.