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I have spent less than 730 days in Canada in last 5 years from today but card expires in 8 months

takemeaway

Newbie
Jul 20, 2020
9
1
Hello. I am living overseas in SA for last few years. I did the residency calculation that I have only spent 600 days in Canada in the last 5 years but my card doesn't expire for another 8 months. Does that mean I can come to Canada and will the officer allow me in even if I did not meet residency in last 5 years? Meaning I still can make up dates by staying in Canada and have more than 730 days at the time my PR card expires? I'm not sure the answer
 

Ponga

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Oct 22, 2013
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Hello. I am living overseas in SA for last few years. I did the residency calculation that I have only spent 600 days in Canada in the last 5 years but my card doesn't expire for another 8 months. Does that mean I can come to Canada and will the officer allow me in even if I did not meet residency in last 5 years? Meaning I still can make up dates by staying in Canada and have more than 730 days at the time my PR card expires? I'm not sure the answer
When do you plan to return to Canada?

Even a PR that has not met the Residency Obligation (with or without a valid PR Card) will be allowed to enter Canada. If the CBSA determines that you have not met (or will not meet) the requirement, they could create a report that could lead to PR revocation.
 

takemeaway

Newbie
Jul 20, 2020
9
1
When do you plan to return to Canada?

Even a PR that has not met the Residency Obligation (with or without a valid PR Card) will be allowed to enter Canada. If the CBSA determines that you have not met (or will not meet) the requirement, they could create a report that could lead to PR revocation.
Technically if I enter Canada again next month I could still meet the residency requirement if I stay there for the remaining 6+ months until my PR card expires. Will these border people accept this? I'm confused because when I enter Canada I will be less than 730 days in the 5 year period but I can make this up before my card expires...
 

armoured

VIP Member
Feb 1, 2015
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Hello. I am living overseas in SA for last few years. I did the residency calculation that I have only spent 600 days in Canada in the last 5 years but my card doesn't expire for another 8 months. Does that mean I can come to Canada and will the officer allow me in even if I did not meet residency in last 5 years? Meaning I still can make up dates by staying in Canada and have more than 730 days at the time my PR card expires? I'm not sure the answer
It's not the last five years, it's the last five years OR to your date of first landing as a PR, whichever is shorter.

So if you became a PR in last five years: you may (should) still be in compliance.

[This is why it's better to calculate as 'you are in compliance if outside Canada LESS THAN 1095 days in last five years OR to your date of first landing, whichever is more recent. It's the same as 730 days IN Canada arithmetically. Because you (sort of) get credit for days remaining to first five year anniversary, basically.]
 
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takemeaway

Newbie
Jul 20, 2020
9
1
It's not the last five years, it's the last five years OR to your date of first landing as a PR, whichever is shorter.

So if you became a PR in last five years: you may (should) still be in compliance.

[This is why it's better to calculate as 'you are in compliance if outside Canada LESS THAN 1095 days in last five years OR to your date of first landing, whichever is more recent. It's the same as 730 days IN Canada arithmetically. Because you (sort of) get credit for days remaining to first five year anniversary, basically.]
It's not my first landing PR card. So I guess there would be a compliance issue? I received PR many, many years ago but changed my job to live outside Canada a few years ago.
 

canuck78

VIP Member
Jun 18, 2017
56,872
13,972
It's not my first landing PR card. So I guess there would be a compliance issue? I received PR many, many years ago but changed my job to live outside Canada a few years ago.
How many days have you spent in Canada in the last 5 years? For example January 29, 2020- January 29, 2025?
 

takemeaway

Newbie
Jul 20, 2020
9
1
How many days have you spent in Canada in the last 5 years? For example January 29, 2020- January 29, 2025?
Pretty much 680. Im really just concerned if I go back now will I be rejected at the border because I can plan to stay in Canada until my PR card expires. But its not my first PR card....
 

armoured

VIP Member
Feb 1, 2015
17,918
9,359
Pretty much 680. Im really just concerned if I go back now will I be rejected at the border because I can plan to stay in Canada until my PR card expires. But its not my first PR card....
If you have 680 days in Canada in last five years as at your return date, chances are pretty good that you will not have an issue or perhaps only get a warning.

But regardless very simple calc: the sooner you come back the better your chances.

Don't do what we see here from time to time: someone asks, then again three months later, then six, then a year to 18 months later. THEN the risks are higher. Sooner you return the better. A couple months short - return now and you should be okay (usual caveats apply, YMMV).
 
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canuck78

VIP Member
Jun 18, 2017
56,872
13,972
Pretty much 680. Im really just concerned if I go back now will I be rejected at the border because I can plan to stay in Canada until my PR card expires. But its not my first PR card....
Assume the days you are counting are from the beginning of the 5 year period so the longer you wait to return the less days you will have to count towards RO. As said previously for the best chance of not being reported return asap.
 

takemeaway

Newbie
Jul 20, 2020
9
1
Assume the days you are counting are from the beginning of the 5 year period so the longer you wait to return the less days you will have to count towards RO. As said previously for the best chance of not being reported return asap.
Thanks! So just to be clear I would not meet the requirements from Canada officials (730 days) in the last 5 years if I return next month. However, my 2nd PR card expires closer to the end of this year and is valid until then... So I can make up that time by staying in Canada until I apply for my renewal. Do you think they would be OK with that?
 

armoured

VIP Member
Feb 1, 2015
17,918
9,359
Thanks! So just to be clear I would not meet the requirements from Canada officials (730 days) in the last 5 years if I return next month. However, my 2nd PR card expires closer to the end of this year and is valid until then... So I can make up that time by staying in Canada until I apply for my renewal. Do you think they would be OK with that?
See what we wrote above. The sooner that you return, the better.

Once you're in Canada - if you don't get formally reported for non-compliance which we've been saying is probably not very likely - then you just remain in Canada until you have 730 days in last five years.

Once they have let you in (without being reported), they are not checking you again until you...turn up at a border or apply for something (like PR card or spousal sponsorship). So just wait before doing those things.