PRs renewal application - more than 730days in Canada last 5 years but PR expired on April 2022

[istanbizmir]

Hi all,

I'm about to request a renewal of my PR including all family kids and wife but we don't have 730days within the first 5 years of PR validity. We got the PR on April 2017 went back home and returned to Canada on March 2019 for 2 months only and then returned definitively for good on July 2020 (mainly because of old sick parents and covid restrictions after that).

So to sum up our PR cards received on April 2017 are now expired on May 2022 and we have been working and living in canada since July 2020 (+ 2 months spent in 2019) with only 1 travel outside to visit parents for 2 months in 2021. Last 3 years we spent more than 730 days in Canada (working and living).

I heard that we need to have the 730 days inside the first 5 years of the validity of the PR otherwise you are considered as you did not respect the residency obligations but in our case we are in Canada and I waited until I have more than 730 days even if our PRs expired on April 202. Can I still the renewal request? Is there anything I should know before? or anything I should do in the application forms?

Thank you,

 

[dpenabill]

Hi all,

I'm about to request a renewal of my PR including all family kids and wife but we don't have 730days within the first 5 years of PR validity. We got the PR on April 2017 went back home and returned to Canada on March 2019 for 2 months only and then returned definitively for good on July 2020 (mainly because of old sick parents and covid restrictions after that).

So to sum up our PR cards received on April 2017 are now expired on May 2022 and we have been working and living in canada since July 2020 (+ 2 months spent in 2019) with only 1 travel outside to visit parents for 2 months in 2021. Last 3 years we spent more than 730 days in Canada (working and living).

I heard that we need to have the 730 days inside the first 5 years of the validity of the PR otherwise you are considered as you did not respect the residency obligations but in our case we are in Canada and I waited until I have more than 730 days even if our PRs expired on April 202. Can I still the renewal request? Is there anything I should know before? or anything I should do in the application forms?

Thank you,

Appears all is well; good to go.

What matters is being in compliance with the Residency Obligation when you engage in a transaction with IRCC or CBSA, not whether there was some time in the past there was a breach of the RO.

Now that you have been a PR for more than five years, your RO compliance is calculated based on the number of days in Canada within the previous five years as of the day of the calculation. More than 730/5 years in Canada as of day the PR card application is made is in compliance. But of course the PR needs to continuously meet this going forward.

Any previous breach of the Residency Obligation is cured by staying in Canada long enough to be currently in compliance.

It has been common for border officials to not strictly enforce RO for PRs a little in breach (as it appears you were) during their first five years.

 

[YVR123]

So to sum up our PR cards received on April 2017 are now expired on May 2022 and we have been working and living in canada since July 2020 (+ 2 months spent in 2019) with only 1 travel outside to visit parents for 2 months in 2021. Last 3 years we spent more than 730 days in Canada (working and living).

If you have spent more than 730 days in Canada in the last 5 years, then you can apply to renew your PR card.

It doesn't matter if you were in Canada 730 days in your "first 5 years". Since you've landed more than 5 years ago, your RO is based on a rolling 5 years. i.e. any time you look back 5 years, you need to be in Canada for at least 730 days.

So as of the application date, if you have spent more than 730 days in Canada in the past 5 years, you are fine.

 

[istanbizmir]

Thank you very much @YVR123 and @dpenabill for the clarification. Some information on the website are very confusing and stating 730 days within the first 5 years only (from the date you got your PR first day).

 

[scylla]

Hi all,

I'm about to request a renewal of my PR including all family kids and wife but we don't have 730days within the first 5 years of PR validity. We got the PR on April 2017 went back home and returned to Canada on March 2019 for 2 months only and then returned definitively for good on July 2020 (mainly because of old sick parents and covid restrictions after that).

So to sum up our PR cards received on April 2017 are now expired on May 2022 and we have been working and living in canada since July 2020 (+ 2 months spent in 2019) with only 1 travel outside to visit parents for 2 months in 2021. Last 3 years we spent more than 730 days in Canada (working and living).

I heard that we need to have the 730 days inside the first 5 years of the validity of the PR otherwise you are considered as you did not respect the residency obligations but in our case we are in Canada and I waited until I have more than 730 days even if our PRs expired on April 202. Can I still the renewal request? Is there anything I should know before? or anything I should do in the application forms?

Thank you,

As long as you have at least 730 days within the last five years, you are fine.

 

[dpenabill]

Some information on the website are very confusing and stating 730 days within the first 5 years only (from the date you got your PR first day).

The website is correct. So, it appears that you were in breach of the Residency Obligation.

You were, for sure, in breach if you were outside Canada more than 1095 days during the first five years, and thus did not and could not be in Canada at least 730 days "within the first 5 years only (from the date you got your PR first day)," as the website says. Technically border officials could have prepared a 44(1) Inadmissibility Report against you when you last came to Canada.

But, as I mentioned, it has been common for border officials to not strictly enforce RO for PRs a little in breach during their first five years. So you were able to come to Canada without being the subject of a Report.

Now you say you have stayed long enough to be here more than 730 days within the previous five years, as of now, so you are OK, you are now in compliance. It does not matter that you were not in compliance before.