Residency Requirements

[gc123]

Hi,

My mother (88 years old) has been a permanent resident since 2012, however she has been going up and down to our home country and back during this period. By mistake, without accurately calculating the number of days she has been present in Canada, we went ahead and applied for renewal of her PR card on 22nd March 2018 (my calculation indicated she has completed 730 days - which was an error on my side).

I didnt know about the online calculator, but now when I use that I see that she has missed the 730 mark by 6 days. I should have just waited a week more than applied and she would have met the requirements. After we applied, she has been in Canada all the time. If the application date could just be moved by a week or more she would meet the residency requirements.

We have now received IMM5511E questionnaire, how do I answer this to avoid revocation of her status because of a silly mistake that I did and through no fault of hers?

Any advice would be highly appreciated

GC123

 

[Bs65]

Maybe consult an immigration lawyer given your mothers age such professional advice might help to ensure that in answering the questionaire you include the words that support the case that from a compassionate viewpoint PR status should be retained. You say applied March 2018 so where has your mother been since then given time outside of Canada since then could impact this as well especially given she would need to show if asked by CBSA 2 years residency in the 5 years at each new entry.

 

[gc123]

Hi,

Thanks for answer. She has been in Canada since March 2018 except for a 1 week trip to US in that period.

Ok, I will try to see a lawyer on this.

Thanks

Gulam

 

[scylla]

Hi,

Thanks for answer. She has been in Canada since March 2018 except for a 1 week trip to US in that period.

Ok, I will try to see a lawyer on this.

Thanks

Gulam

Unfortunately it doesn't matter how long she has been in Canada since March. What matters is how many residency days she had at the time the renewal application was submitted. Are you certain that she is short a few days? Does she have strong H&C reasons for having remained outside of Canada?

 

[gc123]

Yes she has, but when I am starting to look at the totals properly, I see some difference between what the form calculates as the number of days between 2 dates and what excel does. Just as an example:
Take these 2 dates:
2013-07-05 and 2013-09-11
1) The form calculates this as 67 days
2) If you use excel spreadsheet you get 68 days

This is where the problem is, with excel I get 730 (which is what I used to calculate the number of days in Canada) . In short, there are 6 times she traveled and each time there is a diff of one day which totals to the difference of 6 days (724 instead of 730) which is what I am getting.

Surely, they can see that this is just an oversight on my part not to use the CIC calculator.

Will they actually revoke her status because this?

GC123

 

[YVR123]

I wonder if it's too late to withdraw the application and re-apply (with a later day range so that she meet her RO).
More senior members may be able to comment on this.

This is why everyone said leave some buffer before applying PR card renewal and/or citizenship in case of mis-calculation.

 

[gc123]

I am aware that I messed up. I am now looking for a way out of it.

What is the rule for the day of departure ? is it supposed to be calculated as day in Canada or out of Canada? For example if I depart Canada today Jan 25th 2019, should I put today's date or tmr's date?

 

[scylla]

I wonder if it's too late to withdraw the application and re-apply (with a later day range so that she meet her RO).
More senior members may be able to comment on this.

This is why everyone said leave some buffer before applying PR card renewal and/or citizenship in case of mis-calculation.

It's typically too late to withdraw once the IMM5511E is received. But maybe worth a try...

 

[gc123]

I think I found the answer here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

It says:

• Absences will be calculated only for days where an applicant spent no time at all in Canada. Dates where an applicant left Canada, or returned to Canada will not be counted as an absence since the applicant was physically present in Canada for a portion of both days.

In-fact, I was making a mistake, i was using CIC's days absent calculator to calculate the difference between 2 dates which would chop off two days from both ends. This means, lets take an example i entered Canada on Jan 01 2019 and departed on Jan 10 2019 then:
a) according to excel, this is supposed to be 9 days
b) according to CIC's days absent calculator (just for testing purposes I put these 2 dates) then its 8 days
c) AND in actual case, I was present in Canada for 10 days

In conclusion, based on the above info, I can prove that my mother was present in Canada for 736 days.

Thanks once again for all your replies

GC123