Urgent: Residency Obligation question

[haziqpathan]

I am a Canada permanent resident currently in India. Following is the Situation with my PR:

• PR (inland) application: Jan 2020, then exited Canada due to COVID
• COPR: 12 Jun 2020, no landing required due to COVID
• 5 years since COPR: 12 Jun 2025
• PR Card received in the mail: Jan 2021 (expiration: 28 Jan 2026)
• First entry on PR: Oct 2021
• Last exit from Canada: Feb 2025
• Remaining days left to complete 730 days(Residency obligation): 70
• Planned next entry date: Apr/May 2025, complete 2 months and then apply PR extension

1. Based on my research, the 730 days calculation for Residency obligation is based on Landing date and not the PR expiration date. So do i need to complete 730 days by Jun 2025 and not Jan 2026? Is that correct?
2. I have about 70 days remaining to complete my residency application until Jun 2025. I last exited Canada in Feb 2025. Based on that, I have to be in Canada by first week of April to complete those 70 days by Jun 2025. Is this the correct understanding?
3. There could delays in my arrival into Canada. I may arrive by late April or early May 2025. Note that my PR card is still valid until Jan 2026. Generally when I scan the PR card at the port of entry, and we dont have to see an immigration officer. Does the immigration officer/PR scanning machine have all the entry/exit dates information along with residency obligation calculation? What are the chances that they flag me at the port of entry saying that as of Jun 2025 you are unable to complete the 730 day period? Even if they look at all dates, I will only be short by 15-30 days but my PR Card does have a validity till 2026.

Would appreciate you thoughts/recommendations on the above as I only have a few days to plan my visit.

 

[armoured]

Look at your PR card. On the back there is a field that should read 'PR since [date.]' What is that date? I ask this because I cannot determine from your text what date you actually did the first landing as a PR (or whether it was done while you were in Canada). Does that date also correspond with the date you recall 'landing'?

Because I don't fully understand your text, I'm going to rephrase the residency obligation: you are IN COMPLIANCE if, in any five year period beginning the date you became a PR, you are OUTSIDE Canada less than 1095 days. (This is just an arithmetic restatement of 730 days INSIDE Canada - and it's also the way IRCC calculates this eg when one applies for a PR card renewal). When I say 'any five year period', this means it becomes a rolling obligation, looking back five years on any day; important because after that five year anniversary, days 'inside' Canada from just before five years start rolling out of the window / off the calculation.

The other thing: although the landing obligation continues, no-one checks this except at times you are 'examined' - at a border or when you apply for something, like a PR card renewal.

1. See above.
2. This is just an arithmetic check. If your time out means you'll have been outside more than 1095 days, yep, you won't be in compliance.
3. While they CAN make a deal about non-compliance, they usually only do so randomly, or cases where the PR has clealry not been living in Canada, or there are very large gaps, or some other flag on system that prompts them to check. Also having a valid PR card with time on it helps. Even if they do, MINOR non-compliance is usually basically ignored at entry, or perhaps a verbal warning or even just a friendly reminder to pay attention to the residency obligation.* Especially if the person is clealry living in Canada. (I do not want to define minor, because no guarantees, but let's say less than 100 days might be a decent starting point).

So my guess is you're not likely to have much trouble and shouldn't worry - non-compliance likely minor if any and sounds like you're settled here.

*The officers do have the authority to write any non-compliance up for the formal procedure, but it's tedious and time consuming work - and minor non-compliance has to be weighed against reasons for lenience. And if truly minor non-compliance, then the bar for leniency is fairly low - and those border officers don't like wasting time on a formal write-up that's going to get overturned anyway.

 

[Ponga]

I am a Canada permanent resident currently in India. Following is the Situation with my PR:

• First entry on PR: Oct 2021
• Last exit from Canada: Feb 2025
• Remaining days left to complete 730 days(Residency obligation): 70
• Planned next entry date: Apr/May 2025, complete 2 months and then apply PR extension

1. Based on my research, the 730 days calculation for Residency obligation is based on Landing date and not the PR expiration date. So do i need to complete 730 days by Jun 2025 and not Jan 2026? Is that correct?
2. I have about 70 days remaining to complete my residency application until Jun 2025. I last exited Canada in Feb 2025. Based on that, I have to be in Canada by first week of April to complete those 70 days by Jun 2025. Is this the correct understanding?
3. There could delays in my arrival into Canada. I may arrive by late April or early May 2025. Note that my PR card is still valid until Jan 2026. Generally when I scan the PR card at the port of entry, and we dont have to see an immigration officer. Does the immigration officer/PR scanning machine have all the entry/exit dates information along with residency obligation calculation? What are the chances that they flag me at the port of entry saying that as of Jun 2025 you are unable to complete the 730 day period? Even if they look at all dates, I will only be short by 15-30 days but my PR Card does have a validity till 2026.

Would appreciate you thoughts/recommendations on the above as I only have a few days to plan my visit.

If you remained in Canada from Oct 2021 thru Feb 2025 you have met the R.O. of 730 days (you have 3 years and ~4 months, which is well more than 730).

If true, why do you say that you are 70 days short?

If, however, you did NOT remain in Canada after your first entry for those 3 + years, ignore this post...and next time post the complete story in your questions(s).

 

[haziqpathan]

Thanks for the detailed response. On the back of my PR card it says PR since 12 Jun 2020.

So If I case summarize my understanding I would be under minor non compliance of about 15-30 days if I enter Canada in late April or early May 2025.

What's the likelihood of being examined by the immigration officer at the border. Of all the 3-4 times I have entered Canada, I have always been let go without examination after the machine does the scanning of my PR card. The same thing happened in Jan 2025 when I last entered Canada.

I'm your opinion and considering the current immigration situation what's your recommendation on when is the latest I should enter Canada to avoid issues at the border.

 

[haziqpathan]

If you remained in Canada from Oct 2021 thru Feb 2025 you have met the R.O. of 730 days (you have 3 years and ~4 months, which is well more than 730).

If true, why do you say that you are 70 days short?

If, however, you did NOT remain in Canada after your first entry for those 3 + years, ignore this post...and next time post the complete story in your questions(s).

I didn't continuously stay in Canada during October 21 and Feb 25, and hence the shortfall. I still have 70 days to complete the 730 days period.

 

[scylla]

Thanks for the detailed response. On the back of my PR card it says PR since 12 Jun 2020.

So If I case summarize my understanding I would be under minor non compliance of about 15-30 days if I enter Canada in late April or early May 2025.

What's the likelihood of being examined by the immigration officer at the border. Of all the 3-4 times I have entered Canada, I have always been let go without examination after the machine does the scanning of my PR card. The same thing happened in Jan 2025 when I last entered Canada.

I'm your opinion and considering the current immigration situation what's your recommendation on when is the latest I should enter Canada to avoid issues at the border.

No one can tell you the chances.

Ultimately the answer on when you enter depends on how important PR is for you and your risk tolerance. If you want no risk of losing your PR status then enter Canada before your are out of compliance with RO and then remain in Canada until you meet RO. Also, when you apply to renew your PR card, you will want to make sure you have a buffer, meaning don't apply to renew your PR card with just 730 days. Have a few weeks extra before your submit the application.

 

[armoured]

I'm your opinion and considering the current immigration situation what's your recommendation on when is the latest I should enter Canada to avoid issues at the border.

I agree with @scylla above. I may think the chances of any issues are 'low' with your info, but I don't have all the info. Only way to avoid any risk of issues is to be in compliance.

But again: you should CALCULATE your dates, exactly. The period of relevance for you is June 12 2020 to 2025, and what matters is whether you were OUTSIDE Canada more than 1095 days or not (at the time you are examined). (In the first five years, they sort of give you credit for the days remaining until the end of that five year period - that's why using the max five years outside is easier, you don't need to figure out that days-remaining stuff)

After June 12, 2025, it's whatever day and looking five years back.