Should I apply to PR card renewal now or wait?

[MoeMoeMoe]

Hello everyone,

I am trying to understand the difference between:

Physical presence in Canada >= 730 days
vs
Physical absence in Canada <= 1095 days


So my story is simple:

1. I got my PR 4 years and 6 months ago, so my PR card hasn't been expired yet. This is my first PR renewal attempt.
2. I already physically present in Canada 1 years and 10 months.
3. I am not going anywhere in next 12 months since I rent a condo in Canada.

The question is:

Should I apply for PR card renewal now or wait?

I think I am already eligible for "Physical absence in Canada <= 1095 days" since I only absent for 2 years and 8 months totally (around 974 days). However, I am not sure if I am eligible for "Physical presence in Canada >= 730 days" or not because I haven't spent all five years yet since PR granted.

What's your kind suggestions or advices?

1. Wait 2 more months to actually meet the 2 years physical presence requirement, then apply for PR card renewal.
2. Apply now since immigration officers will add remaining days on top of my existing presence days(?)

I knew 1st options is the safest one, but not sure how IRCC will calculate the remaining 6 months though?

Any suggestion is really appreciated!

 

[armoured]

Hello everyone,

I am trying to understand the difference between:

Physical presence in Canada >= 730 days
vs
Physical absence in Canada <= 1095 days


So my story is simple:

1. I got my PR 4 years and 6 months ago, so my PR card hasn't been expired yet. This is my first PR renewal attempt.
2. I already physically present in Canada 1 years and 10 months.
3. I am not going anywhere in next 12 months since I rent a condo in Canada.

The question is:

Should I apply for PR card renewal now or wait?

I think I am already eligible for "Physical absence in Canada <= 1095 days" since I only absent for 2 years and 8 months totally (around 974 days). However, I am not sure if I am eligible for "Physical presence in Canada >= 730 days" or not because I haven't spent all five years yet since PR granted.

What's your kind suggestions or advices?

1. Wait 2 more months to actually meet the 2 years physical presence requirement, then apply for PR card renewal.
2. Apply now since immigration officers will add remaining days on top of my existing presence days(?)

I knew 1st options is the safest one, but not sure how IRCC will calculate the remaining 6 months though?

Any suggestion is really appreciated!

You can do either. There's no danger for you. There's a possibility will be a bit delayed ( although likely not significantly) - but rest assured, you ARE in compliance with the residency obligation.

Conceptually, you are getting credit for the 'remaining days.'

Why this difference between in Canada > 730 days and outside Canada < 1095 days?

This applies ONLY during your first five years (from date of first landing as a PR) and not afterwards.

Six months from now (since you say you became a PR 4 1/2 years ago) and from that day forward, the two measures of compliance will be the same [except with respect to leap year days, which IRCC seems to ignore, and leaving aside the few cases for which days abroad can be counted toward RO].

 

[MoeMoeMoe]

You can do either. There's no danger for you. There's a possibility will be a bit delayed ( although likely not significantly) - but rest assured, you ARE in compliance with the residency obligation.

Conceptually, you are getting credit for the 'remaining days.'

Why this difference between in Canada > 730 days and outside Canada < 1095 days?

This applies ONLY during your first five years (from date of first landing as a PR) and not afterwards.

Six months from now (since you say you became a PR 4 1/2 years ago) and from that day forward, the two measures of compliance will be the same [except with respect to leap year days, which IRCC seems to ignore, and leaving aside the few cases for which days abroad can be counted toward RO].

Thank you for your help! So the first five year is special and different, the upcoming and remaining days of the five years will by default added to presence date, do I understand it correctly?
If so, can I simply assume the residency obligation is:

1. If it's first five year, then outside Canada < 1095 days. And in such case, it's NOT identical to in Canada > 730 days
2. Otherwise, in Canada > 730 days. And in such case, it's identical to outside Canada < 1095 days

^ May I know where to find this official information? I can't find it anywhere though.
Anyway, Thank you so much for your help!

 

[armoured]

Thank you for your help! So the first five year is special and different, the upcoming and remaining days of the five years will by default added to presence date, do I understand it correctly?
If so, can I simply assume the residency obligation is:

1. If it's first five year, then outside Canada < 1095 days. And in such case, it's NOT identical to in Canada > 730 days
2. Otherwise, in Canada > 730 days. And in such case, it's identical to outside Canada < 1095 days

Correct. Note that for renewal, you just have to answer the question on the PR card renewal form that you've not been out of Canada more than 1095 days (either in last five years or since landing), and provide your entries and exits. You're not asked to show the 730 days.

So calculate it whichever way you like, same thing. I think keeping track of days outside of Canada is easier (and more foolproof because you don't have to calculate the 'credit' for days remaining in first five years) - but to each their own.

^ May I know where to find this official information? I can't find it anywhere though.
Anyway, Thank you so much for your help!

It's in the IRP act but the wording is a bit cumbersome for the days in Canada and inclusion of days remaining in the first five years. But feel free to check it.

Note that the > 730 days INSIDE = < 1095 days OUTSIDE is simple arithmetic (and basic logic):
ie 5 * 365 - 730 = 1095

As far as I can tell IRCC does not explain this use of the 1095 days - but they DO use the 1095 days outside of Canada on the official form for PR card renewal, so that's confirmation it's accurate.

 

[canuck78]

May end up being similar processing times if applying before you meet RO or after. You risk slower processing time if you don’t apply after RO plus a small buffer. Personal choice.

 

[MoeMoeMoe]

May end up being similar processing times if applying before you meet RO or after. You risk slower processing time if you don’t apply after RO plus a small buffer. Personal choice.

Thanks, as long as I won't be rejected due to insufficient 730 days when I submit the application, then it's fine

 

[armoured]

May end up being similar processing times if applying before you meet RO or after. You risk slower processing time if you don’t apply after RO plus a small buffer. Personal choice.

I disagree on this. First, stating 'meet the RO' is incorrect; the person posting is in compliance. And not just a bit.

I know that when you say 'meet the RO' you mean 'already have the 730 days physically in Canada' - but saying someone has not met the RO implies that they are not in compliance. This person is in compliance, and with a healthy buffer.

The math checks out: appr 665 days in Canada, six months remaining, there is a buffer of appr four months/120 days (day count towards compliance will remain at about 850 days while poster remains in Canada).

As long as the post is applying with no more than nine months before expiry of the card, there is no issue.

The only caveat I would put on this is that if applying at this point, do so when no travel planned.

And I do not believe there is clear evidence that applying in this situation WILL be delayed. There may be other factors (esp leaving Canada after applying) but there's no obvious evidence of that or reason to believe will be excessively delayed. Possibly some additional risk of delay (compared to having the physical days), but there seem to be plenty of cases where those applying in these circumstances get them processed normally.

And as a general rule, it is a good idea to have a valid card in case the need to travel should arise later, such as an emergency.

Granted, lots of cases where PRs are OUT of compliance and that does present some issues. This is not one of them.

 

[canuck78]

I disagree on this. First, stating 'meet the RO' is incorrect; the person posting is in compliance. And not just a bit.

I know that when you say 'meet the RO' you mean 'already have the 730 days physically in Canada' - but saying someone has not met the RO implies that they are not in compliance. This person is in compliance, and with a healthy buffer.

The math checks out: appr 665 days in Canada, six months remaining, there is a buffer of appr four months/120 days (day count towards compliance will remain at about 850 days while poster remains in Canada).

As long as the post is applying with no more than nine months before expiry of the card, there is no issue.

The only caveat I would put on this is that if applying at this point, do so when no travel planned.

And I do not believe there is clear evidence that applying in this situation WILL be delayed. There may be other factors (esp leaving Canada after applying) but there's no obvious evidence of that or reason to believe will be excessively delayed. Possibly some additional risk of delay (compared to having the physical days), but there seem to be plenty of cases where those applying in these circumstances get them processed normally.

And as a general rule, it is a good idea to have a valid card in case the need to travel should arise later, such as an emergency.

Granted, lots of cases where PRs are OUT of compliance and that does present some issues. This is not one of them.

If no travel plans why the rush? See no benefit from applying early.

 

[armoured]

If no travel plans why the rush? See no benefit from applying early.

Stated above: "And as a general rule, it is a good idea to have a valid card in case the need to travel should arise later, such as an emergency."

 

[canuck78]

Stated above: "And as a general rule, it is a good idea to have a valid card in case the need to travel should arise later, such as an emergency."

Current PR card is still valid and likely has at least 6+ months until expiry.

 

[armoured]

Current PR card is still valid and likely has at least 6+ months until expiry.

Since you claim there's a likelihood of delay, all the more reason to apply now.