Permanent Residency Obligations and Citizenship

[shehan2014]

Hi,

I have 2 questions and hoping to get answers for the 2 separately. I've listed them below as A & B.

A. )
I got my PR in 2016 and made my initial entry in July 2016. I stayed there for 5-6 days during my initial visit and came back to my home country to finish off my Masters degree i was engaged with at that time.

Then i visited Canada back again in 2017 June for about a week for a wedding and then returned back to my home country.

My PR card expires on July 10, 2021.

I'm planning to move to Canada by the 1st of June 2019. I believe i can renew by PR back in July 2021 and i have a cushion of about 1 month to travel out of the country if needed as i'm entering in June 2019 and my PR expires on 10th July 2021.

Just want to know whether my understanding is correct ? Also can i claim the days in 2016 and 2017 that i was in Canada ( around 10 days ) in the 730 day period that i have to fulfill by 10th June 2021 to renew my PR.

B
Citizenship - Say i extend my my PR in July 2021, can i apply for citizenship in July 2022 after fulfilling 3 years in Canada or do i have to wait for a further 3 years in the rolling 5 year period to be eligible for Citizenship ? That would be 2024 and i would have stayed in Canada for 5 years then.

Your valuable advice is much appreciated

Thanks

 

[Bs65]

First point is that initial residency obligation is based on the initial landing date and not the PR card issue date. Based on a July 2016 PR card given average process times best guess would be you probably landed end May begin June 2016 so seems a bit confusing you landed July and got your PR card almost straight away.

Landing back June 1st 2019 you would even with the few days be right on the edge of not being able to meet the residency obligation by May/June 2021 so you would need to stay put without leaving through June/July 2021. Sure the days in 2026/17 count towards the 730 days but the closer you get to not meeting the RO then any time you enter the country you could face a secondary inspection, maybe maybe not.

Citizenship applications are based on 3 years physical presence in the 5 years before the application date. So if in your example you came back June 1 and accumulated 3 years physical presence you could apply June 2022 although generally advised to have a few months in hand in case of any trips outside of the country, not necessarily a good idea for you from June 2019 through 2021 until RO met.

 

[dpenabill]

Hi,

I have 2 questions and hoping to get answers for the 2 separately. I've listed them below as A & B.

A. )
I got my PR in 2016 and made my initial entry in July 2016. I stayed there for 5-6 days during my initial visit and came back to my home country to finish off my Masters degree i was engaged with at that time.

Then i visited Canada back again in 2017 June for about a week for a wedding and then returned back to my home country.

My PR card expires on July 10, 2021.

I'm planning to move to Canada by the 1st of June 2019. I believe i can renew by PR back in July 2021 and i have a cushion of about 1 month to travel out of the country if needed as i'm entering in June 2019 and my PR expires on 10th July 2021.

Just want to know whether my understanding is correct ? Also can i claim the days in 2016 and 2017 that i was in Canada ( around 10 days ) in the 730 day period that i have to fulfill by 10th June 2021 to renew my PR.

The post by @Bs65 probably covers it but some cautionary emphasis seems warranted.

The date your PR card expires is NOT relevant to calculating compliance with the PR Residency Obligation.

And to make this as clear as I can, if a PR is outside Canada for more than 1095 days AFTER the date of landing and BEFORE the fifth year anniversary of the date of landing, the PR is in breach of the RO and subject to losing PR status, AS of THE DAY the PR is outside Canada for more than 1095 days.

Thus, for example, a PR who landed and became a PR on June 7, 2016, stayed just six days, and then left, will be in breach of the RO and subject to being reported and issued a Departure Order unless that PR returns to Canada BY JUNE 13, 2019. (If the PR has visited Canada in the meantime, say a total of four more days, then the breach will be as of June 17, 2019.)

For emphasis: the PR who is in breach can be Reported and issued a Departure Order as of the date of the breach. Even if, say, the PR has a PR card still valid for YEARS MORE. Again, the date the PR card expires is NOT at all relevant when calculating compliance with the RO.

If the arithmetic is not obvious, it is nonetheless basic: five years equals 1095 days (three years) plus 730 days (two years). If a PR is outside Canada more than 1095 days in the first five years, there are not enough days left in these five years to total at least 730 in Canada. (Technically subject to a one or two day adjustment for leap years.)

Citizenship - Say i extend my my PR in July 2021, can i apply for citizenship in July 2022 after fulfilling 3 years in Canada or do i have to wait for a further 3 years in the rolling 5 year period to be eligible for Citizenship ? That would be 2024 and i would have stayed in Canada for 5 years then.

Yes, a PR can meet the citizenship presence requirement as soon as the PR has been in Canada at least three years within five. A PR who comes to Canada to stay in June 2019, and who does stay, will meet the presence requirement in June 2022. PR card dates still NOT at all relevant.

BUT (this goes back to question "A") the way you state ". . . do i have to wait for a further 3 years in the rolling 5 year period to be eligible for Citizenship ? That would be 2024 . . ." suggests a misunderstanding about what is meant by referring to the PR RO being based on a "rolling" five year period. It is a rolling DAY-TO-DAY period. Every day, once the PR reaches the fifth year anniversary of landing, the relevant five year period is a new and different five year time period and it is based on the five years immediately preceding THAT DAY.

Thus, for example, take the PR who who landed and became a PR on June 7, 2016. If that PR goes abroad and is returning to Canada on March 11, 2022, the relevant five year period for calculating the RO (upon the PR's arrival at the Canadian PoE) is March 11, 2017 to March 11, 2022.

Likewise for each and every other day. If you apply for a new PR card in June 2021 and are called in for an interview, say in October 2021, make it October 14, 2021, for purposes of that interview the important relevant five year period, during which you would need to have been in Canada at least 730 days, is October 14, 2016 to October 14, 2021.

The relevant five year time period for calculating citizenship presence is based on the date the citizenship application is made. If you apply for citizenship September 12, 2022, the relevant five year period, the "eligibility period," is September 12, 2017 to September 11, 2022 (day before making the application). This is, of course, subject to change if, for example, a Conservative government is elected this year and they decide to change the law back to the previous requirements.

 

[shehan2014]

First point is that initial residency obligation is based on the initial landing date and not the PR card issue date. Based on a July 2016 PR card given average process times best guess would be you probably landed end May begin June 2016 so seems a bit confusing you landed July and got your PR card almost straight away.

Landing back June 1st 2019 you would even with the few days be right on the edge of not being able to meet the residency obligation by May/June 2021 so you would need to stay put without leaving through June/July 2021. Sure the days in 2026/17 count towards the 730 days but the closer you get to not meeting the RO then any time you enter the country you could face a secondary inspection, maybe maybe not.

Citizenship applications are based on 3 years physical presence in the 5 years before the application date. So if in your example you came back June 1 and accumulated 3 years physical presence you could apply June 2022 although generally advised to have a few months in hand in case of any trips outside of the country, not necessarily a good idea for you from June 2019 through 2021 until RO met.

Hi, So i got the exact dates to give you more clarity.

My PR was chopped in Passport on 11 Feb 2016

I had to enter Canada before 10 July 2016.

I entered Canada on 1 July 2016, applied for the PR card the next day after i landed. PR card expiry date is 13 July 2021.

So I'm planning to enter Canada by 1st June 2019 and stay for 2 years at a stretch. However i believe i have a cushion of about 1 month if i want to travel out of Canada for an emergency ?

1st visit to Canada - entered Canada 1st July 2016 and left Canada 7th July 2016. ( Approx 6 days )

2nd visit to Canada - entered Canada 25th May and left Canada 6th June 2017. ( Approx 11 days. )

So i have spent close to 17 days in Canada so far and i believe i'm good if i land on 1st June 2019 and stay for 2 years. Also i believe i have cushion of about 3-4 weeks if i want to travel out of Canada in case of an emergency.

Correct me if i'm wrong and thanks a lot for your time in answering

 

[scylla]

Hi, So i got the exact dates to give you more clarity.

My PR was chopped in Passport on 11 Feb 2016

I had to enter Canada before 10 July 2016.

I entered Canada on 1 July 2016, applied for the PR card the next day after i landed. PR card expiry date is 13 July 2021.

So I'm planning to enter Canada by 1st June 2019 and stay for 2 years at a stretch. However i believe i have a cushion of about 1 month if i want to travel out of Canada for an emergency ?

1st visit to Canada - entered Canada 1st July 2016 and left Canada 7th July 2016. ( Approx 6 days )

2nd visit to Canada - entered Canada 25th May and left Canada 6th June 2017. ( Approx 11 days. )

So i have spent close to 17 days in Canada so far and i believe i'm good if i land on 1st June 2019 and stay for 2 years. Also i believe i have cushion of about 3-4 weeks if i want to travel out of Canada in case of an emergency.

Correct me if i'm wrong and thanks a lot for your time in answering

Yes - that looks right. A cushion of 3-4 weeks isn't much for a two year period. Recommend you return sooner if possible. You never know what may happen during those two years that might require a longer absence outside of Canada. We see people on this forum struggle when they leave themselves so little buffer.

 

[jamaru]

so from what i get i that Citizenship is not linked with Landing Date as what an Immigration Lawyer Told me.

What i mean is that the Lawyer told me if i stay outside Canada for 3 years after landing and then go there for 2 in order to maintain PR status, then after i renew my PR status i will have to repeat the 3 years again in order to apply for Citizenship Again

 

[Bs65]

so from what i get i that Citizenship is not linked with Landing Date as what an Immigration Lawyer Told me.

What i mean is that the Lawyer told me if i stay outside Canada for 3 years after landing and then go there for 2 in order to maintain PR status, then after i renew my PR status i will have to repeat the 3 years again in order to apply for Citizenship Again

As per the answer to your other post either you have misunderstood the immigration lawyer or they are talking nonsense. To apply for citizenship you must be able to show 3 years physical presence in Canada in the 5 years preceding your application.

PR cards expire, PR status never expires and can only be revoked or renounced so whilst is important to keep a PR card valid the more important factor is being able to demonstrate the 3 years physical presence in the preceding 5 at the time of the citizenship application.

So in your case if you make an initial landing , leave for upto 3 years , although recommended to return a few months before that, then stay put for 2 years to meet the PR residency obligation, then stay put for another year thus accumulating the 3 years out of 5 you could apply for citizenship in what would be after your 6th year from landing. Key is physical presence in Canada in the 5 years preceding a citizenship application .

 

[shehan2014]

Yes - that looks right. A cushion of 3-4 weeks isn't much for a two year period. Recommend you return sooner if possible. You never know what may happen during those two years that might require a longer absence outside of Canada. We see people on this forum struggle when they leave themselves so little buffer.

Thanks so i'm planning to come few weeks before which will give me 2 more weeks. so i have a total of 6 weeks during the 2 year period. I guess that's still better than 3 weeks. Thanks a lot for the advice.