Hello, I have to apply for a new PR card due to name change. I have only been a PR for 1 year at this point. In Appendix A - Residency obligations it says "if you have been a PR for less than 5 years you must show that you WILL be able to meet your minimum of physical presence of 730 days of physical presence of 5 years of the date you became a permanent resident". How do I do that? I live and work in Canada full-time and I have absolutely no intentions of being outside of Canada except for the occasional short vacation/family visit, but how do I prove that to IRCC?
PR for less than 5 years - how do I show that I will be able to meet residency obligations?
- Thread starter KPCanada
- Start date
It means "can you show that you have not already been outside Canada for more than 3 years of the first 5". In your case, this is automatic, as you have only been a PR for a short time. Don't worry about this clause.
Hi,
I realize this is an old thread but KPCanada ...were you able to get a new PR card with your situation? I am in a similar situation. I have been PR for just 1 year and I need to apply for a PR card since I lost it.
Since I have been PR only for 1 year, how do I prove 730 days of residency obligation? This is really really tricky....will IRCC even issue me a PR card again?
I realize this is an old thread but KPCanada ...were you able to get a new PR card with your situation? I am in a similar situation. I have been PR for just 1 year and I need to apply for a PR card since I lost it.
Since I have been PR only for 1 year, how do I prove 730 days of residency obligation? This is really really tricky....will IRCC even issue me a PR card again?
You don't need to prove anything. You are given credit for the first 1825 days. You "spend" that credit by being outside Canada. As long as you have not "spent" more than 1095 days in that 1825 days you are still compliant with the Residency Obligation requirements. If you have only been a PR for a year, you can't possibly have "spent" enough of that credited time to not comply.
I included a letter from my employer confirming that I am holding a full-time, year-round, permanent position. I also included a letter of explanation why my PR card needs to be renewed before the expiry date (incorrect information on card, card could not be re-issued when I received it as it was required for air travel). In the letter I also asked to accept my employer's letter and explained that with a pretty solid job I have no reason to be away from Canada and I am right on track towards meeting my PR obligations. my card got renewed
Hello
I made a soft landing on Aug 3rd 2015 and went back to US same day, I plain to make a permanent move on July 2nd 2018. I should be meeting the 2 years out of 5 clause if I stay until Aug 2nd 2020..correct ?
Also, since I went back the same day did not apply for a pr card. Which form should I use now to apply for a pr card...there seem to be 2 links in the cic website 1 https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-renew-replace-permanent-resident-card.html
2 https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html
I made a soft landing on Aug 3rd 2015 and went back to US same day, I plain to make a permanent move on July 2nd 2018. I should be meeting the 2 years out of 5 clause if I stay until Aug 2nd 2020..correct ?
Also, since I went back the same day did not apply for a pr card. Which form should I use now to apply for a pr card...there seem to be 2 links in the cic website 1 https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-renew-replace-permanent-resident-card.html
2 https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html
A very good way of stating the way the PR RO practically works during the first five years.
As for calculating your compliance with the PR RO, see post by zardoz quoted above. Basically a new PR is in compliance so long as the PR is not outside Canada for more than 1095 days prior to the fifth year anniversary of the date of landing. Cutting-it-close, however, has some risks which have been discussed in some depth in other topics.
After the fifth year anniversary, two years in Canada within the previous five years meets the PR RO (for any and EVERY day going forward). That said, subsequently cutting-it-close in conjunction with not being fully settled and living in Canada has risks, risks ranging from substantial risks to serious risks. Likewise discussed in depth elsewhere.
There is one form. IMM 5444.
The information at both urls you link applies. They should be consistent (and indeed one further links to the other) so long as you are reading and applying the information applicable to you and the particular application you are making.
My friend got PR status last month (Sep 2021) and he is planning to go to India in December 2021 without a PR card. So, he is planning to apply for PRTD. But residence obligation says.
If you have been a permanent resident for less than five (5) years
He has got PR status only 3 months ago. So, how can he show his presence for 730 days?
If you have been a permanent resident for less than five (5) years
- you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.
He has got PR status only 3 months ago. So, how can he show his presence for 730 days?
It said "you will be able to meet". So he only landed in Sep 2021, he will be able to meet that 730 days unless he doesn't come back in the next 3 years.
Residence obligation is when you renew PR card. You don't need to meet this when applying for PRTD.
I didn't know that. That's a hassle. You need to proof to them you will be able to meet the requirements.
@YVR123 is correct.
As always, mostly the PR needs to completely and accurately provide the information requested and the visa office will appropriately make a status determination based on that information.
Up to the third year anniversary of the date of landing a PR is for sure in compliance with the RO because there are still enough days left on the calendar, until the fifth year anniversary of landing, to meet the Residency Obligation. So, for such a PR, just the date the individual became a PR will be enough for a visa officer to recognize and conclude the PR has valid status, is in compliance with the RO. No problem.
Still needs to provide the information requested, including travel history. But no need to worry that days in Canada so far do not add up to 730 or more.
There are various ways of looking at the RO during the first five years. One way is to recognize that unless the PR has been outside Canada for more than 1095 days, during the first five years, the PR is in compliance. Another approach is to recognize that a new PR essentially starts out with 1825 days credit, and then loses credit for days outside Canada.
Take it from an old piece of such-and-such it helps to slow down and do at least a little homework or at least gain some perspective before . . . well, no need to characterize the obvious.
Yes, of course, a PR needs to be in compliance with the PR Residency Obligation when applying for a PR card. AND EVERY OTHER DAY AS WELL.
A PR can be examined as to RO compliance when engaging in any transaction with CBSA or IRCC that depends on the validity of the PR's status. So, yes, that includes when applying for a PR Travel Document (reminder: a PR outside Canada not in possession of a valid PR card is PRESUMED to NOT have valid status; this is rebuttable, of course, and is easily rebutted by just having a landing date less than three years prior to the application).
That includes when making an application to sponsor a family member.
That includes the examination conducted during a Port-of-Entry screening. Of course the vast majority of PRs traveling to and from Canada are well settled in Canada and ordinarily there is nothing of concern for border officials regarding the PR's status, so most PRs are waived through the border most of the time without being subject to RO compliance screening . . . but PRs may be questioned by border officials about RO compliance, and if determined to not be in compliance, issued a Report and Departure Order, a decision that terminates the PR's status unless it is successfully appealed.
So . . .
Perhaps you overlooked what the question was: HOW can the PR do this?
As @YVR123's response indicates, and as I reiterated above, and as it is stated maybe a couple hundred times in this forum, for the recently landed PR just the date of landing itself will suffice to show RO compliance.