+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

PR Valid for 5 Years and Returning to Canada before the last two years ends

montrealworker

Star Member
Sep 25, 2022
105
5
A quick one, if someone lived got his PR in August 2020 and landed and left to USA for 2.5 years and returned this week. The PR is ending on August 2025... he intends to live now in Canada forever... would he face issued during boarder crossing from USA?
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
A quick one, if someone lived got his PR in August 2020 and landed and left to USA for 2.5 years and returned this week. The PR is ending on August 2025... he intends to live now in Canada forever... would he face issued during boarder crossing from USA?
Just a reminder that to be compliant with your RO for the first 5 years you must have met the 73 days in Canada in the first 5 years from your landing date. After the first 5 years after landing RO moves to a rolling total system so you need to meet the 730 days in the past 5 years on any day.

pR cards have an expiry date but PR doesn’t. Very unusual that your PR card expires 5 years from your landing date. Typically the expiry date of a landing card is 5 years plus around 2 months to account for time to renew your PR card. You can technically renew your PR card up to 9 months early if you are compliant with your RO.
 

missedTheGCBus

Star Member
Sep 8, 2022
104
15
Just a reminder that to be compliant with your RO for the first 5 years you must have met the 73 days in Canada in the first 5 years from your landing date. After the first 5 years after landing RO moves to a rolling total system so you need to meet the 730 days in the past 5 years on any day.

pR cards have an expiry date but PR doesn’t. Very unusual that your PR card expires 5 years from your landing date. Typically the expiry date of a landing card is 5 years plus around 2 months to account for time to renew your PR card. You can technically renew your PR card up to 9 months early if you are compliant with your RO.
I have a similar question what happens if you are technically not meeting PR obligation requirement but PR card is still valid.
I give example, my card expires Dec 2025 but I became PR July 2020. Spent ~60 days in Canada between 2020 and 2023 then moved to Canada permanently in July 2023 (have rental home, car is imported, DL etc.), so I have only 60 days buffer for next two years. But if there is a family emergency I maybe out of CAnada for ~3 months to help my father, if I return I will be out of PR obligation but PR card will still be valid. Will CBSA check my obligation and start removal proceedings? Or will it only be checked whenever I apply for new PR card in Sept-October 2025, I will be back meeting PR obligation in that case.

I know this is not a good plan and I hope I don't have to use up by buffer of 60 days but just want to understand what happens in that case...I will try my best ot avoid it
 
  • Like
Reactions: montrealworker

CanadianDreamer@TO

Hero Member
Jul 23, 2021
220
28
I had the same situation when I returned in July 2021. Had only 45 days of buffer and two years in front of me to complete the two years of residency obligation. Didn't go outside Canada for a single day. 10 days ago met the residency threshold of 730 days. I am completing the first 5 years on 10th Aug 2018.
 
Last edited:

Tubsmagee

Hero Member
Jul 2, 2016
438
131
Will CBSA check my obligation and start removal proceedings? Or will it only be checked whenever I apply for new PR card in Sept-October 2025…
If you present yourself at the border, regardless of the expiration of your PR card, your RO can be evaluated. Best bet is to be compliant with RO or not interact with CBSA.
 
  • Like
Reactions: Ponga

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
If you present yourself at the border, regardless of the expiration of your PR card, your RO can be evaluated. Best bet is to be compliant with RO or not interact with CBSA.
How does one avoid interacting with CBSA?
 

missedTheGCBus

Star Member
Sep 8, 2022
104
15
If you present yourself at the border, regardless of the expiration of your PR card, your RO can be evaluated. Best bet is to be compliant with RO or not interact with CBSA.
I see, that definitely makes me nervous.

I have been commuting for work 2-3 days a week, are they checking my RO everytime I return? Or will it only be if after some extended absence...
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
I see, that definitely makes me nervous.

I have been commuting for work 2-3 days a week, are they checking my RO everytime I return? Or will it only be if after some extended absence...
I can't imagine that the CBSA officer (at Primary Inspection) is actually checking your R.O. compliance every time you enter Canada, but...anything's possible if they want to start digging.

You do know that because you commute 2-3 days a week, those days count as a full day in Canada, right?
 
  • Like
Reactions: missedTheGCBus

missedTheGCBus

Star Member
Sep 8, 2022
104
15
I can't imagine that the CBSA officer (at Primary Inspection) is actually checking your R.O. compliance every time you enter Canada, but...anything's possible if they want to start digging.

You do know that because you commute 2-3 days a week, those days count as a full day in Canada, right?
Thank you, yes I do know that.
I am not worried about losing any days during usual commuting. There is a high chance I will have to travel to home country for family emergency already happened once last year for 2-3 months in next year or so. At point of return I will have no more buffer, infact I will not be meeting RO.

But I will be back to meeting RO after a few months and before I have to reapply for PR renewal. Basically if family emergency, then I will be out of RO in July 2025 (5 years from landing) but back in RO by September 2025, three months before my PR expiry. I am trying to understand how risky it will be for me if I have to travel again for family reason anytime between now and July 2025
 

Tubsmagee

Hero Member
Jul 2, 2016
438
131
They are saying not to leave the country
Exactly. If you are worried about RO, stay in Canada until you are compliant. While the agents may not be actively counting your RO every time you cross the order, it is a possibility that you would be reported at anytime you are not compliant. There is likely little concern if you are travelling weekly, but if you are home for 3 months it certainly elevates the risk.
 
  • Like
Reactions: missedTheGCBus

Tubsmagee

Hero Member
Jul 2, 2016
438
131
I have been commuting for work 2-3 days a week…
So just for personal interest, since I would like to do the same, do you live in Canada and just commute into the states a few times a week? Do you ever have issues, given border can see regular trips back into Canada?
 

missedTheGCBus

Star Member
Sep 8, 2022
104
15
So just for personal interest, since I would like to do the same, do you live in Canada and just commute into the states a few times a week? Do you ever have issues, given border can see regular trips back into Canada?
Yes that is what I'm doing.
No trouble as yet, ocassionally a grumpy CBSA with few questions why/how-long/where etc
 

montrealworker

Star Member
Sep 25, 2022
105
5
One Question:

Should we consider the dated in the court order for becoming a recognized Protected Person/Refugee or the Date of the Court Letter.

Like Court says on the court session held on 1 August 2017 Mr. xxxxxxx.... is approved as protected person, while the notice letter dates 8 August 2017

Should we use the 1 August as reference date for citizenship application or 8 August as you need to state when you become a Protected Person. Please HELP