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When Must arrive

ADaveOne

Newbie
Aug 23, 2018
4
0
Hello, my grandmother has received her PR a while back, while she's been living outside of Canada.

On the Confirmation of Permanent Residence document it states she became a P.R on 29 June 2017, and her last entry was 2012/12/06.

Our question is, when is the latest that she can arrive in Canada to satisfy the 730 days required to keep her PR status?

Thank you
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

Hello, my grandmother has received her PR a while back, while she's been living outside of Canada.

On the Confirmation of Permanent Residence document it states she became a P.R on 29 June 2017, and her last entry was 2012/12/06.

Our question is, when is the latest that she can arrive in Canada to satisfy the 730 days required to keep her PR status?

Thank you
1. 3 years after the date that she last left Canada, and then must remain for 2 full years. I am assuming that she "landed" in Canada and got her PR card.
 

ADaveOne

Newbie
Aug 23, 2018
4
0
She has been here last in 2017, from April and left in August as soon as she got her PR card. So she must return to Canada in August 2020 and remain for at least 2 years?
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
She has been here last in 2017, from April and left in August as soon as she got her PR card. So she must return to Canada in August 2020 and remain for at least 2 years?
She must meet the 730 days from the day her PR card was issues on 29 June 2017.
 

dpenabill

VIP Member
Apr 2, 2010
6,284
3,046
She must meet the 730 days from the day her PR card was issues on 29 June 2017.
I am guessing you actually meant 730 days from the day her PR status was acquired, from the date of landing, since that is what the OP reports 29 June 2017 was, and since you have often reiterated (as many of us have) that the date the PR "card" was issued is NOT relevant when calculating compliance with the PR Residency Obligation.


Hello, my grandmother has received her PR a while back, while she's been living outside of Canada.

On the Confirmation of Permanent Residence document it states she became a P.R on 29 June 2017, and her last entry was 2012/12/06.

Our question is, when is the latest that she can arrive in Canada to satisfy the 730 days required to keep her PR status?

Thank you
She has been here last in 2017, from April and left in August as soon as she got her PR card. So she must return to Canada in August 2020 and remain for at least 2 years?
Date she last left Canada is relevant but not determinative.

Based on a landing date of June 29, 2017:

Between now and June 29, 2022 she will be in compliance with the RO so long as the total number of days she is outside Canada do not exceed 1095 (or perhaps 1096 taking into account the leap year).

Which leads back to how the date she left Canada factors into the calculation: if she was in Canada, with no exits, between date of landing and that exit date in August 2017, yes that means that at the very latest (to arrive while still in compliance with the RO) she needs to return by the third year anniversary of the date she left. That is, before being abroad three years (1095 days). And yes, if she waits that long to come to Canada she would then need to remain continuously in Canada for two years in order to stay in compliance with the RO.

HOWEVER, that is cutting-it-very-very-close and this forum is rife with tales of woe told by PRs whose plans to return to Canada on a similar schedule ran afoul of real life, delays, and a breach of the PR RO (actually, many of those telling such tales of woe had plans to return even significantly sooner).

MOREOVER, as of the third year anniversary of the day a PR landed (here the landing date is June 29, 2017; so third year anniversary is June 29, 2020), compliance with the RO becomes a question of fact depending on how many days the PR has already been in Canada, with the burden on the PR to prove the number of days IN Canada. So after June 29, 2020, she will have the burden (if asked) of establishing the number of days she has been in Canada.

This shift as of the third year anniversary is because up to that date it is NOT arithmetically possible to be in breach of the RO, as there are still enough days left in the first five year period to be in Canada 730 days without counting any days so far in Canada.

After the third year anniversary compliance depends on adding together the number of days IN Canada plus the number of days left to the fifth year anniversary of landing, and if that total is at least 730, the PR is in compliance.

To my view it is simply easier to count the total number of days absent, and make sure that stays less than 1095. (As a practical matter better to aim to keep this well, well below 1095.)

Also, as a practical matter, if it is feasible to periodically visit Canada along the way, that may put less pressure on CBSA to screen for RO compliance when she arrives. Returning to Canada following lengthy absences (longer than two years particularly) after the third year anniversary of becoming a PR tends to invite questions about RO compliance (since, again, it is then a question of fact to be determined based on days spent IN Canada in a situation where it is obvious the PR has not been in Canada for many hundreds of days).
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
I am guessing you actually meant 730 days from the day her PR status was acquired, from the date of landing, since that is what the OP reports 29 June 2017 was, and since you have often reiterated (as many of us have) that the date the PR "card" was issued is NOT relevant when calculating compliance with the PR Residency Obligation.






Date she last left Canada is relevant but not determinative.

Based on a landing date of June 29, 2017:

Between now and June 29, 2022 she will be in compliance with the RO so long as the total number of days she is outside Canada do not exceed 1095 (or perhaps 1096 taking into account the leap year).

Which leads back to how the date she left Canada factors into the calculation: if she was in Canada, with no exits, between date of landing and that exit date in August 2017, yes that means that at the very latest (to arrive while still in compliance with the RO) she needs to return by the third year anniversary of the date she left. That is, before being abroad three years (1095 days). And yes, if she waits that long to come to Canada she would then need to remain continuously in Canada for two years in order to stay in compliance with the RO.

HOWEVER, that is cutting-it-very-very-close and this forum is rife with tales of woe told by PRs whose plans to return to Canada on a similar schedule ran afoul of real life, delays, and a breach of the PR RO (actually, many of those telling such tales of woe had plans to return even significantly sooner).

MOREOVER, as of the third year anniversary of the day a PR landed (here the landing date is June 29, 2017; so third year anniversary is June 29, 2020), compliance with the RO becomes a question of fact depending on how many days the PR has already been in Canada, with the burden on the PR to prove the number of days IN Canada. So after June 29, 2020, she will have the burden (if asked) of establishing the number of days she has been in Canada.

This shift as of the third year anniversary is because up to that date it is NOT arithmetically possible to be in breach of the RO, as there are still enough days left in the first five year period to be in Canada 730 days without counting any days so far in Canada.

After the third year anniversary compliance depends on adding together the number of days IN Canada plus the number of days left to the fifth year anniversary of landing, and if that total is at least 730, the PR is in compliance.

To my view it is simply easier to count the total number of days absent, and make sure that stays less than 1095. (As a practical matter better to aim to keep this well, well below 1095.)

Also, as a practical matter, if it is feasible to periodically visit Canada along the way, that may put less pressure on CBSA to screen for RO compliance when she arrives. Returning to Canada following lengthy absences (longer than two years particularly) after the third year anniversary of becoming a PR tends to invite questions about RO compliance (since, again, it is then a question of fact to be determined based on days spent IN Canada in a situation where it is obvious the PR has not been in Canada for many hundreds of days).
Yes thanks for the correction. 730 days by the date the the person obtained PR status.