Rolling 5 Years!!! Tricky Question

[Kev85]

Hey , Im in a real fix here and cannot understand what to do.
Please anyone help me. Case as follows


Year 1 (2009)
08.08.2009 Arrive Toronto
07.08.2010 Depart Toronto
Total - 363 Days

Year 2 (2010) Out of Toronto

Year 3
09.03.2011 Arrive Toronto
09.03.2012 Depart Toronto
Total - 362 Days

Year 4 (766 days) (Out of Toronto)

Year 5 (148 days remaining) (Back in toronto)
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Total 725 out of 730 for RO (5days to go out of 144)
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PR Valid From 09/09/2009 Till 09/09/2014


I am out of the Canada since 09.03.2012 till 14.04.2014
so I will have enough time to complete my RO ie. 5 days.

Now here is my question.
I have to leave the country in December 2014 for atleast 2 weeks.
I confused about the rolling 5 years calculation.
Please please help me out.

So If I renew my PR in September 2014 can I leave for 2 weeks in December?????

 

[zardoz]

Don't think in years. Think in days.
If you have been outside Canada for more than 1095 days since the day that you landed (because you landed less than 1825 days ago), you will will be in violation of the residency obligation requirements.

 

[meyakanor]

By December 2014, you would have been a PR for over five years. The rolling part just means that, at any point after the completion of the fifth year of your PR (in your case, after August 7 2014), then you would have to be able to go back five years at any point of time, and have at least 731 days of physical presence in Canada.

If you have been a permanent resident for five (5) years or more
you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.

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.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Let's say you will leave on December 1 2014, then you would count the number of days you have been physically present in Canada from December 2 2009 to December 1 2014, and if you have at least 731 days, you satisfy the residency obligation at that particular point of time.

It is important to note though, that it is possible for you to have satisfied the RO at December 1 2014, but fall short of days by the time you come back two weeks later (Dec 15). So make sure you satisfy the RO on:
1. the period Dec 2 2009 - Dec 1 2014 AND
2. the period Dec 16 2009 - Dec 15 2014

I guess number 2 is the period that matters more, so make sure that you have at least 731 days of physical presence in Canada within the five years preceding the date you're planning to return to Canada! And do NOT count the days that fell outside of this five year window.

 

[Kev85]

By December 2014, you would have been a PR for over five years. The rolling part just means that, at any point after the completion of the fifth year of your PR (in your case, after August 7 2014), then you would have to be able to go back five years at any point of time, and have at least 731 days of physical presence in Canada.

Let's say you will leave on December 1 2014, then you would count the number of days you have been physically present in Canada from December 2 2009 to December 1 2014, and if you have at least 731 days, you satisfy the residency obligation at that particular point of time.

It is important to note though, that it is possible for you to have satisfied the RO at December 1 2014, but fall short of days by the time you come back two weeks later (Dec 15). So make sure you satisfy the RO on:
1. the period Dec 2 2009 - Dec 1 2014 AND
2. the period Dec 16 2009 - Dec 15 2014

I guess number 2 is the period that matters more, so make sure that you have at least 731 days of physical presence in Canada within the five years preceding the date you're planning to return to Canada! And do NOT count the days that fell outside of this five year window.

meyakanor You Frigging Genius!!!
Thanks a ton my friend. Using your simple yet effective way I have figured it out.
I do meet my RO. Thank you soo much.
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But here comes another question, Hope you have some knowledge about spousal sponsorship also or else Ill post a new topic.

So the reason why I need to come down is December is for my marriage reception.
I will be legally married next week but the celebrations will happen in December.
So say I apply for my wife by April End... from where im based CIC website says minimum 9 months so after December 2014 for her papers to come through.

Can I leave Canada for 2 weeks while my wife's papers are being process for my marriage celebrations ( The irony here : P ) . Keep in mind we are already legally married this March Im down just for the reception in December. HELP!!!

 

[meyakanor]

Hi Kev85,

I'm not an expert here, but the day of your marriage is the day that you were legally married (in this case, it would be March 2014 rather than December 2014).

I've known first hand several people who first got legally married first (without celebrations, just legal processes on papers), then do receptions much later, but they can immediately include their spouses in their PR applications (or sponsor them) after they got married on paper. As far as Canadian immigration is concerned, you got married the day you got legally married. Whether you want to do 'celebration' or 'reception' later is entirely your choice.

Congratulations, anyway

And make sure that at no point of time you breach the residency obligation (always go back five years from any date after your fifth year as a PR [use the date of landing, ignore your card's expiration date, it doesn't matter], do NOT count any days outside this five-year window, and make sure you have 731 days of physical presence in Canada).

If you do not satisfy the RO, and yet, you try to sponsor your wife, then they WILL revoke your PR, so keep that in mind.

 

[Kev85]

Got it ...
But my question is can I leave Canada for sometime while my wife's immigration papers are being processed???

 

[zardoz]

Yes, you can. But keep it a short period. If CIC believe that you are no longer "residing" in Canada, they will cancel your sponsorship application as you are not a Canadian citizen. However, a short holiday is unlikely to pose any problem at all.

 

[keesio]

Yup, Zardoz is right. Short trips are not a problem. I made several short trips while sponsoring my wife (the absolute longest being 10 days).

 

[Kev85]

Thanks zardoz and keesio

Do I mentioned its to immigration that I will be leaving the country for a short visit to celebrate at my wedding reception?

 

[canuck_in_uk]

No, you don't need to tell immigration.