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RO - PR Renewal

sjasim

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Hello Everyone,

I am hoping to find some answers as to when is the best time to apply for PR card renewal based on my profile and what supporting documents will be required to submit for proof of residency.

I did my soft landing back in 2015 for a month and returned back to Canada permanently in April 2018, as of today March 1st, 2020 I have spent 660 days in Canada and hoping to fulfill my residency obligation by May 10th, 2020. How long should one wait after completing the residency obligation before applying for PR card renewal? Can I apply for renewal in late May 2020 or should I wait till June/July to apply? I have a tentative travel plan for Aug-Sep this year which can be delayed if required.

I am a full time employ with an IT firm based here in Vancouver since Jul 7, 2018 and will be able to submit my pay-stubs and bank statement for this duration in my PR renewal application. Before Jul 7, 2018 I was living with a friend in Toronto and I am wondering what documents can I provide to claim the time spent in Canada before July 2018.?

Below are my details:
Initial landing date - June 5th, 2015
PR Card expiry date - Aug 20th, 2020

Time spent in Canada
Jun 5 2015- Jul 6 2015
Apr 12 2018- Jun 8 2018
Jul 7 2018 - Apr 12 2019
Apr 20 2019 - Jun 1 2019
Jun 29 2019 - Present

Thanks
Jasim
 

canuck78

VIP Member
Jun 18, 2017
52,969
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Hello Everyone,

I am hoping to find some answers as to when is the best time to apply for PR card renewal based on my profile and what supporting documents will be required to submit for proof of residency.

I did my soft landing back in 2015 for a month and returned back to Canada permanently in April 2018, as of today March 1st, 2020 I have spent 660 days in Canada and hoping to fulfill my residency obligation by May 10th, 2020. How long should one wait after completing the residency obligation before applying for PR card renewal? Can I apply for renewal in late May 2020 or should I wait till June/July to apply? I have a tentative travel plan for Aug-Sep this year which can be delayed if required.

I am a full time employ with an IT firm based here in Vancouver since Jul 7, 2018 and will be able to submit my pay-stubs and bank statement for this duration in my PR renewal application. Before Jul 7, 2018 I was living with a friend in Toronto and I am wondering what documents can I provide to claim the time spent in Canada before July 2018.?

Below are my details:
Initial landing date - June 5th, 2015
PR Card expiry date - Aug 20th, 2020

Time spent in Canada
Jun 5 2015- Jul 6 2015
Apr 12 2018- Jun 8 2018
Jul 7 2018 - Apr 12 2019
Apr 20 2019 - Jun 1 2019
Jun 29 2019 - Present

Thanks
Jasim
You’ll have to do your own calculations but believe you will not be able to count the first month you came to Canada because what will be counted is the 730 days in the past 5 years.
 

sjasim

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Aug 17, 2013
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App. Filed.......
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Med's Done....
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VISA ISSUED...
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You’ll have to do your own calculations but believe you will not be able to count the first month you came to Canada because what will be counted is the 730 days in the past 5 years.
Thank you for the reply, if I understand correctly then date of initial landing is irrelevant when applying for PR renewal as the RO 730 days spent in Canada is calculated only in the past 5 years from date of PR expiry? or is it calculated from the date of PR renewal application submission? I was under the assumption that Jun 2015 - Jun 2020 will be the 5 year duration for me in which I have to be present in Canada for 730 days.

If I am not counting the initial first month of my landing then as of today (March 1, 2020) I have spent 628 days in the past 5 years, so based on this calculation I will complete my 730 days on Jun 11th of this year which still gives me a buffer of roughly 70 days (12 Jun - 19 Aug) before my PR card expires on Aug 20, 2020.

As I will be completing my 730 days sometime in mid June, could you confirm if it is safe to apply for PR renewal in July 1st week or do you suggest to wait until Aug?
 

Bs65

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Mar 22, 2016
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You need to show 730 days minimum in the 5 years since initial landing so in your case since June 5th 2015 through June 4th 2020. So if you apply 6/2020 then 730 days at application date but if you apply 8/2020 then 730 days from 8/2020 back to 8/2015 so you start to lose credit as the 5 years is a rolling period.

The RO for a PR card renewal and can be corrected is based on your RO at the time you submit the application given you complete the form to show that you have met the RO. The consensus on here is that if anyone is close to meeting the RO they should wait a month or two before submitting given submitting say on day 731 there is the chance of a secondary review which could take months to complete. No way to predict if would happen of course by always a chance should IRCC need convincing about RO claimed

PR card validty is irrelevant to the RO by the way
 

sjasim

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Aug 17, 2013
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London
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
13-05-2014
IELTS Request
with application
Med's Request
17-11-2014
Med's Done....
24-11-2014
Interview........
waived
Passport Req..
28-11-2014
VISA ISSUED...
28-11-2014
Thanks @Bs65 for the explanation.

I think I can apply for renewal on Jun 3rd as by then I would have completed 753 days in Canada from the date of my initial landing. If I plan to wait for more than one month after completing 730 days (May 11th) and say apply for renewal in July 1st week then I would start losing credit for the days I spent in 2015 and end up again on some 750 odd days as the 5 year duration is a rolling period.

The other option is to wait till Aug 1st week so that time spent in Canada is around 780+ days but based on the PR renewal timelines I will not be able to travel anytime this year which could be a problem for me.

Do you think applying with 750 days would raise any red flags from CIC? Has anyone applied with 750 odd days and got their PR status renewed?

Thanks in advance
Jasim
 

steaky

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Nov 11, 2008
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Thanks @Bs65 for the explanation.

I think I can apply for renewal on Jun 3rd as by then I would have completed 753 days in Canada from the date of my initial landing. If I plan to wait for more than one month after completing 730 days (May 11th) and say apply for renewal in July 1st week then I would start losing credit for the days I spent in 2015 and end up again on some 750 odd days as the 5 year duration is a rolling period.

The other option is to wait till Aug 1st week so that time spent in Canada is around 780+ days but based on the PR renewal timelines I will not be able to travel anytime this year which could be a problem for me.

Do you think applying with 750 days would raise any red flags from CIC? Has anyone applied with 750 odd days and got their PR status renewed?

Thanks in advance
Jasim
For traveling outside Canada, one can apply PRTD at VAC outside Canada. Others with US visa can return to Canada via the USA land border using their expired PR card.
 

serenus

Member
Feb 25, 2020
13
1
Hello Everyone,

I am hoping to find some answers as to when is the best time to apply for PR card renewal based on my profile and what supporting documents will be required to submit for proof of residency.

I did my soft landing back in 2015 for a month and returned back to Canada permanently in April 2018, as of today March 1st, 2020 I have spent 660 days in Canada and hoping to fulfill my residency obligation by May 10th, 2020. How long should one wait after completing the residency obligation before applying for PR card renewal? Can I apply for renewal in late May 2020 or should I wait till June/July to apply? I have a tentative travel plan for Aug-Sep this year which can be delayed if required.

I am a full time employ with an IT firm based here in Vancouver since Jul 7, 2018 and will be able to submit my pay-stubs and bank statement for this duration in my PR renewal application. Before Jul 7, 2018 I was living with a friend in Toronto and I am wondering what documents can I provide to claim the time spent in Canada before July 2018.?

Below are my details:
Initial landing date - June 5th, 2015
PR Card expiry date - Aug 20th, 2020

Time spent in Canada
Jun 5 2015- Jul 6 2015
Apr 12 2018- Jun 8 2018
Jul 7 2018 - Apr 12 2019
Apr 20 2019 - Jun 1 2019
Jun 29 2019 - Present

Thanks
Jasim
Did you face any question at POE as you have not completed RO? Some people mentioned that a person may get reported during enter if you don't meet the RO.
 

sjasim

Star Member
Aug 17, 2013
130
6
Qatar
Category........
Visa Office......
London
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
13-05-2014
IELTS Request
with application
Med's Request
17-11-2014
Med's Done....
24-11-2014
Interview........
waived
Passport Req..
28-11-2014
VISA ISSUED...
28-11-2014
@steaky Thank you for the response. I guess I will apply for PR card renewal sometime in June 1st week and wait couple of months for the PR card, if not I can always go down the PRTD or via US route.
 

sjasim

Star Member
Aug 17, 2013
130
6
Qatar
Category........
Visa Office......
London
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
13-05-2014
IELTS Request
with application
Med's Request
17-11-2014
Med's Done....
24-11-2014
Interview........
waived
Passport Req..
28-11-2014
VISA ISSUED...
28-11-2014
Did you face any question at POE as you have not completed RO? Some people mentioned that a person may get reported during enter if you don't meet the RO.
Never faced any issues at POE as the number of days spent in Canada and the days left before my fifth anniversary (Jun'2020) would always fall in compliance with RO. My last travel outside of Canada was in June last year so I still had enough time left on my return to be in compliance with RO.
 

dpenabill

VIP Member
Apr 2, 2010
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Some Clarifications:

The first part of these observations is not much about the situation presented by @sjasim but in response to some continued misleading commentary here about RO compliance and PR card applications.

On a superficial level, the PR card application involves a review of the PR's compliance with the Residency Obligation. On this level, on the surface, a PR who makes a PR card application when the PR is NOT in compliance with the RO is at RISK of losing PR status IF the PR is still not in compliance with the RO.

BUT WHAT IS ACTUALLY HAPPENING, under-the-hood so to say, is more nuanced than that.

In particular, in actual practice, even though the PR was not in compliance with the RO as of the date the PR card application was made, the risk of a decision terminating PR status largely depends on whether the PR is still NOT in compliance as of a LATER date . . .
-- when the PR is scheduled for a formal Residency Determination pursuant to a local CIC office investigation (typically the date of an interview, which is scheduled to take place while the PR card application is still pending), or​
-- when the PR is examined at a PoE; that is, if the PR has left Canada in the meantime, while the PR card application is pending, if the PR is still not in compliance as of the day the PR arrives at a PoE when returning to Canada there is a risk the PoE officials will issue a Departure Order terminating PR status (subject to right of appeal), or​
-- when there is an application for a PR Travel Document application; that is, if the PR is abroad and not in compliance with the RO on the date a PR TD application is made, the PR TD may be denied, terminating the PR's status (subject to right of appeal)​

AND TO BE CLEAR . . . even if the PR was in compliance with the PR RO as of the day the PR card application was made, that may NOT be enough for IRCC to issue a new PR card. In particular, if the circumstances are such that the PR is in breach of the RO AFTER applying for the PR card, while the application is pending, a formal Residency Determination can be done at a LATER date, same as just described above (date of a local office interview attendant investigation of RO compliance; date of PoE examination when returning to Canada; date of a PR TD application), which can result in the loss of PR status if attendant any of these three circumstances the PR is NOT in compliance on the respective date . . . EVEN IF the PR WAS IN COMPLIANCE on the DATE the PR Card APPLICATION WAS MADE.

The latter affects PRs who go abroad after applying for a PR card.

As long as a PR is staying put in Canada, RO calculation credits, for days in Canada, will either increase or at least remain the same. (The latter is the situation @sjasim is in; appears current compliance credits are around 750 days, and as long as @sjasim stays in Canada that will remain the same until around July 7th. Thus, for @sjasim, there is little difference, in terms of RO compliance, between applying for a PR card today or next month, or any time up to early July.)

Beyond that there is NO consensus about waiting a month or two for PRs cutting-it-close. Sure, any margin offers some protection, and the bigger the buffer over the minimum, typically the better the odds of avoiding non-routine processing or negative conclusions-of-fact. But given the way the PR Residency Obligation works in practice, there are simply WAY too many variables to generalize that waiting a month or two will help much. It will for some. But for many waiting will have little or no positive effect. As just noted, for example, for @sjasim the RO calculation remains exactly the same whether it is done based on an application made today or any other day between now and July 7th (noting, though, this depends on @sjasim staying in Canada).

In the meantime, there are a number of other factors which will typically have far more influence than the difference between applying with 731 days RO credit or 771 days. The biggest factor is the extent of ties in Canada, with strong indications of NOW being fully settled and living PERMANENTLY in Canada looming as perhaps the most important. For @sjasim, again, full time employment IN Canada for nearly two years, is likely to have far more influence than the precise number of days he has been in Canada. This should easily outweigh the influence of waiting even two or three additional months.

Beyond that, for @sjasim, it is impossible to reliably predict how things will go, how long it will take to get a new PR card after making the PR card application. We do not know what percentage of PRs cutting-it-close are referred to the PRCC Sydney Client Service Unit for a second-level review (usually referred to as "Secondary Review" in this forum; noting there are whole topics here specifically about "Secondary Review"), or what percentage are referred to a local CIC office "for investigation and residency determination."


Sources/References Note: One source of information about how PR card applications are processed which appears to be largely ignored by more than a few participants in this forum commenting about the PR card application process, is the Operational Bulletin 536 (as modified; and this should link).

A SUMMARY:

The long and the short of it, however, is not complicated: if on the face of the PR card application, such that PRCC-Sydney can adequately assess RO compliance based on what is called a "paper review," and pursuant to that IRCC concludes the PR is in compliance with the RO, that is, there is a "positive residency determination based on a paper review," no problem (unless there is something else, such as suspicion of fraud or such). This is ordinarily pursuant to a calculation based on the date the PR card application was made. PR in compliance as of that date, a PR card will be issued.

If, however, PRCC-Sydney is not satisfied there is enough information, based on a paper review, to make a "positive residency determination," that triggers a referral . . . either to second-level review in the PRCC Sydney Client Service Unit . . . or to a local CIC office "for investigation and residency determination." (Information suggesting the PR is abroad can also trigger such referrals.)

Even when there is a referral to a local CIC office for an investigation and Residency Determination, that office can request the PR to submit additional information, and if based on a paper review of the file after that, the local office concludes the PR is CURRENTLY in compliance (regardless of calculation based on PR card application date), make a positive residency determination and send the file back to PRCC-Sydney (which will then, ordinarily, issue the new PR card).

With Regards to What is Likely to Happen for @sjasim -- near impossible to predict whether the PR card application will be referred either to second-level review in the PRCC Sydney Client Service Unit . . . or to a local CIC office "for investigation and residency determination," either of which would result in a significantly longer processing timeline, and potentially a much longer timeline.

That said, since it is apparent that @sjasim returned to Canada to settle here more or less PERMANENTLY, and did this BEFORE breaching the RO, my GUESS (just a guess) is that the odds of non-routine processing are fairly good. This is largely based on distinguishing the situation for @sjasim compared to the situations in which we generally see reports of non-routine processing. In particular, while I have not made an effort to statistically analyze the numbers relative to the many forum reports about referrals to a local office, nonetheless these typically involve PRs NOT in compliance as of the date of the PR card application (does not apply to @sjasim). Similarly, in reference to situations involving referrals to "Secondary Review," most of these seem to involve PRs who were in breach of the RO, nonetheless allowed into Canada without being Reported, and then waited until they were in compliance with the RO before making the PR card application (similarly, not @sjasim's situation).
 
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Besram

Hero Member
Jun 13, 2019
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@dpenabill, I hear what you are saying and I’m sure this has been common practice, but is it possible that guidelines have recently changed?

Officers shall use the date that an application is officially received in the office in the examination of residency status. Using this date does not disadvantage the applicant in any way if the formal assessment of an application is delayed for any period of time following receipt of the application.

[...]

For people who have been permanent residents of Canada for 5 years or more, the only 5-year period that can be considered in calculating the applicant’s residency requirements is the one immediately before the application is received in the office.


https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/permanent-resident-determination.html

The page was updated very recently, so maybe they are changing their procedures now?

(obviously your comment about being at risk at PoE still applies in any case).
 

dpenabill

VIP Member
Apr 2, 2010
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Note that in other topics, within the last week, I have previously referenced, linked, and in part discussed the new PDIs regarding PRs and Residency Determinations. In addition to what I have discussed there . . .

This gets weedy.

The PDIs often need to be read and understood in context. Moreover, these particular PDIs which were very recently implemented mostly appear to be the beginning of migrating what is in the Operational Manuals into PDIs -- much like the Manuals for processing citizenship applications, such as CP-5 which contained guidelines for citizenship residency calculations, were migrated into PDIs a few years ago; this looks like the beginning of migrating ENF 27 "Permanent Resident Card" and, in part, and will probably be followed by additional PDIs largely reorganizing what is in the other manuals in the Enforcement group, like ENF 23 "Loss of Permanent Resident Status."

Note, for example, that ENF 27 "Permanent Resident Card" has not been updated in years, and some of its content is clearly outdated. For example, many if not most of the references to deeming PR card applications abandoned no longer apply. For another example, the process I have outlined (including scheduling of interview and including credit toward RO compliance for days after applying to the date of the interview) is also set forth in some detail in ENF 27, but care is required given some changes not updated in the manual. There are many loose threads to keep track of for those who are genuinely interested and seriously navigating how these procedures actually work.

The content of the new PDIs regarding PRs is largely consistent with the existing and previous information, taking into consideration known changes along the way, but is not as detailed. This has been the trend for a long time now, migrating the information toward more simplified formats which are also less informative. (Result is less transparency, whether that is intended or not.)

Some Particulars:

Remember the particular PDI you reference is about making the residency determination for issuing the PR card. If, based on the date the PR card application was made there is a positive residency determination (the initial "paper review"), then the PR card will be issued (subject to other issues, such as suspected fraud or other grounds for inadmissibility). And generally this will, as the PDIs suggest (and similarly stated in ENF 27), not disadvantage a PR due to a "delay" in processing the PR card application.

All the latter means is that when it takes IRCC two or six months to open and process the file, if what is in the record (including but not limited to what information is in the application) supports finding the PR met the RO on the date the application was made, a new PR card will be issued (again, subject to identifying other issues).

Where it seems some who comment here go off track is conflating that process with procedures leading to the issuance of a 44(1) Report and Removal Order, which is the process for determining when a PR is inadmissible due to a breach of the RO leading to the termination of PR status. The latter is essentially a separate procedure, but in contrast it appears that some in this forum believe the PR card application is either approved, resulting in the issuance of a PR card, or denied resulting in the termination of PR status. But it is not such a simple binary process, and in particular THE LATTER PART OF THIS IS NOT HOW IT WORKS.

Moreover, the denial of a PR card application itself does NOT constitute a formal adjudication of PR status based on a Residency Determination. Denial of the application may be based, however, on a formal Residency Determination resulting in the issuance of a Removal Order IF that Removal Order has come into force (thus, for example, after an appeal has been dismissed). There are other grounds for denying a PR card application, such as the applicant has become a citizen, a final determination the applicant has been denied a PR TD for failure to comply with the RO, cessation of protected person status, conviction for misuse of PR card.

But yes, if PRCC-Sydney assesses the application and is satisfied it shows the PR met the RO as of the date of the application, it is approved. If you follow the timeline reports, they readily show that for most PR card applications which do not end up in non-routine processing, the Decision Made date is rather often within a week or three of the AOR date, if not mere days or even the same day.

It is what happens if PRCC-Sydney is not satisfied that is not so simple or straight-forward (still not especially complicated, but a bit weedy, the process then is not simply a matter of the application being approved or not-approved).

Which leads back to that assessment of RO compliance by PRCC-Sydney based on the date the application was made. If the result of that initial assessment leaves PRCC-Sydney unsatisfied the PR met the RO as of the date the application was made (be that because the PR applied when on its face, based on the PR's information and as of the date of the application, the PR was short of complying, OR perhaps because IRCC has some reason to question the accounting of days in Canada submitted by the PR), as I outlined previously, that triggers EITHER a referral to second-level review in the PRCC Sydney Client Service Unit (typically referenced as "Secondary Review" here). . . or to a local IRCC/CIC office "for investigation and residency determination."

While it was the PR card application that triggers this, and even though the PR card application remains pending, the PR card application is effectively on hold waiting for the outcome from Secondary Review or the local IRCC/CIC office, and these are essentially, practically, a separate process.

As I also noted, if IRCC perceives the PR to be outside Canada, that too can trigger a referral (to SR or local office), and is very likely to do so if there is reason-to-question the RO calculation or reason-to-suspect misrepresentation (including any misrepresentation in previous interactions, not just in the PR card application).

And for referrals to a local office, for an investigation and residency determination, that is when a LATER date for calculating RO compliance can come into play.

That said, here again if the local office can make a positive residency determination based on its investigation and a "paper review," pursuant to a calculation based on EITHER the date of the application, or as of a later date given updated information (such as in a response to the PR version of RQ), so that the PR essentially gets the benefit of whichever date is better, then generally the local office will make a positive residency determination and send the application back to PRCC-Sydney.

Thus, here again, it is when the local office remains unsatisfied that the PR met the RO, the local office will ordinarily schedule the PR for an interview, and if the PR is in compliance based on days in Canada as of that date, the date of the interview (with one known exception, a case I have cited, linked, and discussed in another topic), there will be a positive residency determination, and again the case then goes back to PRCC-Sydney (for completion of the PR card application, including issuing a new card).

ONLY if the PR is NOT in compliance as of the date of the interview (again subject to some exceptions), will an officer in the ID (Immigration Division) in the local office proceed to issue a 44(1) Report, which will be followed by the usual interview with a Minister's Delegate who determines if that Report is valid in law, and if so, whether the PR should nonetheless be allowed to keep status based on H&C reasons (I believe, but am not certain, the ID can also decide to not issue a 44(1) Report for H&C reasons).

The new PDIs do not go into detail about these, referring to "officers" and "designated officers" generically without referencing which office this is taking place in or which role the officer has in particular.

And remember, if the PR is staying in Canada after applying for a PR card, the statute and applicable regulation require those days in Canada be counted. IRCC cannot modify its policies or practices to be inconsistent with the existing statutes and regulations.

What the new PDIs also do not cover is the process ordinarily followed if and when there is a RO question (PRCC-Sydney not satisfied of RO compliance based on date application was made) AND IRCC perceives that the PR is outside Canada. Not always, but in many of these cases IRCC simply waits until the PR applies for a PR TD (and RO compliance will be based on the date of that application, not the date of any PR card application that is pending) or the PR arrives at a PoE returning to Canada. In the latter instance, the PR's file is flagged so that ordinarily the PR will then be examined for RO compliance at the PoE, and this too will be a calculation based on that date and not the date of any pending PR card application. The PR in this scenario will NOT benefit (perhaps with some exceptions) from the practice referenced in the PDI about not disadvantaging the PR due to a delay in processing the PR card application.
 

dpenabill

VIP Member
Apr 2, 2010
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Regarding PDI provision stating:

"For people who have been permanent residents of Canada for 5 years or more, the only 5-year period that can be considered in calculating the applicant’s residency requirements is the one immediately before the application is received in the office."

This is clearly about NOT considering absences prior to five years preceding the date of the PR card application, no matter for how long, in calculating RO compliance as of the date of the PR card application. Does NOT matter if the PR was absent for ten straight years before coming to Canada. What matters is whether the PR has been in Canada at least 730 days within just the previous five years. This too is mandated by the applicable statute, section 28(2)(b) IRPA, and is entirely consistent with the previously published information, including Operational Manuals and Operational Bulletins.

Prior to a decision which will terminate PR status due to a RO breach, however, the PR is entitled to include days in Canada right up to the date of the examination itself . . . and when this is done, the time period for counting days is the five years preceding THAT day.

Where it does deviate is in regards to H&C determinations . . . (remember, there is no consideration of H&C factors unless it is already determined that the PR has failed to comply with the RO)

H&C CONSIDERATIONS:

The PDI goes on, however, and apparently applies the policy and practice of limiting consideration to the preceding five years in every aspect of the H&C analysis, not just the calculation of number of days. Which I overlooked the first five or eight times I visited this PDI. This is NOT mandated by the applicable statute.

It is possible that IRCC is overtly adopting a new and significantly more lean and perhaps even lenient approach to weighing H&C factors, as the outline of H&C factors listed in the PDI is a much abbreviated set of factors compared to the factors listed in ENF 23 Loss of PR status and similar lists of factors cited by scores and scores of IAD Panels as well as numerous Federal Court Justices.

For example, the PDI does not even mention establishment in or outside Canada factors, which loom large in many IAD and some Federal Court decisions, mostly in regards to PRs who have been absent from Canada for far more than just three of the preceding five years, and having maintained few ties in Canada during that time, going back more than five years . . . that is, the establishment/ties factors generally involve the PR's whole Canadian immigration history not just the preceding five years. As the PDI frames the relevant H&C factors, the absence of establishment in Canada for, say, more than ten years, is not referenced. Thus not relevant? Only the most recent five years?

It is possible that the PDI outline of H&C considerations is focused on recognizing what might be key positive H&C factors weighing in favour of the PR keeping status, and is not a complete list of the factors to be considered.

BUT I am NO expert. So I cannot forecast how this PDI might play out in actual H&C cases.

In the latter regard, it warrants remembering that neither the IAD nor the Federal Court are bound by what IRCC publishes in operational guidelines, including the manuals and the PDIs. To the extent this or that officer deviates from the PDIs, for example, that is NOT something a PR can obtain recourse for . . . unless the deviation is contrary to the statutes, regulations, or constitutes a breach of fair procedure.
 
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