Sensetive issues with PR renewal

[Yamahar1]

Hi everyone.. My friends I need your help with the PRa application
OK Let me make it as short as possible
I landed and became a PR in March 2014..thereafter I stayed till July. 2014 and traveled for 2 mnths and came back on sep 2014. In Jan 2015..i went back again this time for a long long time I order to spend time with family and also my parents were sick. So from Jan 2015 till Nov 2017 I was away from Canada. Then till now I have been staying here regularly even though I traveled 3 more times but for 15 days each and all of my travel was to Kuwait as my parents stay there.
The last time I traveled was may 6 to may 16,2019 and while coming back I brought with me the police clearance certificate from there. Which is valid till Aug 5

I have few questions for you all
1. Suppose I apply within next week and take exactly previous 5 years into account, then I am short of 730 days by some 25 days
2. If I wait till Sept first and fulfill 730 days.. Then my pcc from Kuwait will be expired.
3.what do I write in the firm.. Reason for my absence. I honestly dint do anything there. My dad has business and I was just staying at home with them.
4.this may, 2019 on my return from Kuwait I cudn't scan the pr properly so I went to a officer and he stamped my passport as far as I remember but now I see no stamp. From Kuwait or Canada what so ever. Very surprised but will this be an issue?
Just to make things more clear I will give you some info about my absence from Canada so that you can suggest what to do

1. Became pr on March 10.2014
2.travelled from July 12.2014 to sep 10,2014
3. Travlled from Jan 28,2015 to Nov 14,2017
4. Traveled from apr 29,2018to May 15,2018
5. Travelled from Nov 10,2018 to Nov 20,2018
6. Teavlled from May 6.2019 to May 15.2019

 

[Yamahar1]

Guys pls help

 

[PMM]

Hi

Guys pls help

1. You don't require a Police Certificate to renew your PR card.

 

[21Goose]

Yeah, why are you worried about your PCC? Just wait till you have met your RO (wait till 800 days to be on the safe side) and then apply for your new card.

 

[Yamahar1]

Thanks guys
But can I apply at exactly 730 days because I have to travel back to Kuwait in Nov(as you have to enter Kuwait within 6 mnths, otherwise your visa will be nullified) . So I plan to apply in early Sept. DO YOU THINK MY APPLICATION WILL BE SENT FOR SECONDARY SCREENING?

 

[Yamahar1]

Is month and half good enuf for processing? I am afraid mine will be sent for further review

 

[Copingwithlife]

You should really have a buffer when applying just in case you made a error in the calculation of your days. You have to have 730 days at the time of your application, if you are cutting it close, more than likely it will be sent for secondary review, which will lead to a longer processing time
Your 5 year window started when you became PR, March 2014

 

[scylla]

Is month and half good enuf for processing? I am afraid mine will be sent for further review

If you apply with 730 days, you should expect your application will go to secondary review. If it goes to secondary review, it will take a lot longer than a month and a half to process.

 

[21Goose]

And remember, even if you are short by 1 day, you can lose PR status. And the onus is on you to prove that you were here for 730 days - if IRCC asks you to prove it, and you can't, you will lose your PR status.

 

[Bs65]

Just to add a couple things here

1)assume the OPs card has expired so if leaves the country at any time before getting a new card the OP will need a PRTD to be able to board a plane to return.

2)although the OPs post is pretty confusing seems currently is on the border line for meeting the residency so without spending a lot of time working it out this raises the possibility that should the OP leave the country and depending how long out apply for a PRTD then any credit days 2014/15 start to expire . So applying for the PRTD could possibly indicate at some point failing the RO given the OP is now into the 5 year rolling window for the residency obligation.

This seems to be a case where someone has got themselves into a situation where they are trying to maintain residency requirements in more than one country, not an easy thing to do and a decision has to be made which is more important to not lose.

 

[dpenabill]

1. Became pr on March 10.2014
2.travelled from July 12.2014 to sep 10,2014
3. Travlled from Jan 28,2015 to Nov 14,2017
4. Traveled from apr 29,2018to May 15,2018
5. Travelled from Nov 10,2018 to Nov 20,2018
6. Teavlled from May 6.2019 to May 15.2019

The observations offered by @Bs65 hit the keys.

I too will not attempt to precisely calculate the days present. BUT it warrants noting, WITH EMPHASIS, that as of today, July 29, 2019, days in Canada prior to July 29, 2014 DO NOT COUNT TOWARD RO COMPLIANCE. They are outside the relevant five year time period.

When September 10, 2019 arrives, days in Canada after that date will NOT add more days to the calculation because the respective dates in 2014 will also no longer count as they fall outside the relevant five year period. So if you leave Canada in September, your total days counting toward compliance will begin to decrease. If you already have a small margin over the minimum and you are outside Canada this fall, that margin will decrease, and if you are abroad for very long at all, you could end up in breach of the PR RO even if you stay long enough now to meet it.

Leading first to this . . .

Your 5 year window started when you became PR, March 2014

After the fifth year anniversary of the date of landing, and becoming a PR, the date of landing is NOT relevant in assessing Residency Obligation compliance. In particular, the "5 year window" starts five years, to the day, prior to the day the assessment of compliance is based on.

THUS, as of today the five year window is July 29, 2014 to July 29, 2019. (Again, days more than five years in the past do NOT count one way or the other.)

Thus, for example, for @Yamahar1, who became PR on March 10, 2014, from now on the relevant five year period will be the five years immediately preceding the date for which IRCC or CBSA base a RO compliance examination. This date could be any of the following days:

-- date of arrival at a PoE when returning to Canada
-- date an application is made for a PR Travel Document if OP is abroad and needs a PR TD to return to Canada
-- date an application is made for a new PR card (noting, however, before any 44(1) Report can be issued, there needs to be an interview or other formally established examination date, and days in Canada in the meantime get credit)
-- date IRCC conducts a formal RO compliance interview while processing a new PR card application​

Even a new PR card will NOT get @Yamahar1 in the clear if he travels abroad later this year. On the date of return to Canada, to be in compliance with the RO he will need to have been present in Canada at least 730 days during the five years immediately preceding that day . . . and if he is short, there is indeed a risk of being reported, issued a Departure Order, and losing PR status unless he successfully appeals. Again, even if he happens to get a new PR card in the meantime.


APPLYING WITH SMALL SHORT-FALL IN RO COMPLIANCE:

It appears I tend to have a different view about how important it is to not apply for a new PR card until the PR has for sure 730 days counting toward RO compliance on the day of the application.

First, the risk of non-routine processing (and thus a significantly longer time line for getting a new PR card) due to cutting-it-close is not likely diminished much by waiting a few weeks or even a couple months to get another 30 to 60 days credit. My sense, in terms of risk of non-routine processing (including but not limited to a Secondary Review referral), is that 731 days is probably just about as good as 790 days. (For PRs in this range, I am quite sure what matters more is the extent to which it APPEARS the PR is now settled permanently in Canada.)

And, where I suspect my view differs most, ORDINARILY (with an exception, what should be an obvious exception), applying for a new PR card short some days (15 to 25 or so) should NOT be any more risky than applying with 731 or 763 days, so long as the PR is staying in Canada in the meantime. This is because the days after applying continue to count toward RO compliance . . . at least up to the date there is a formal RO compliance determination made. What matters most is whether the PR has been in Canada the requisite 2/5 AS OF THE DATE of an interview, say, or the date IRCC in fact reviews a RQ-related response to a request for additional information. In particular, if the PR has been in Canada in the meantime, adding enough days to the calculation to come into compliance before an interview or formal review of an RQ submission, even if the PR was in breach of the RO as of the day the PR card application was made, it has been CURED in the meantime.

THE OBVIOUS EXCEPTION: A PR relying on days in Canada five years ago, days which will drop out of the relevant five year time period, so that days staying in Canada after the PR card application is made do not actually add any days to the calculation. (@Yamahar1 will run into this situation in September . . . days in Canada after September 10 will NOT add any additional days to his calculation, since the corresponding days in 2014 fall out of the calculation.)

THE OBVIOUS CAUTION: The PR who applies short of complying with the RO, even by a small number of days, who then leaves Canada, is going to remain short and at risk. And this is especially risky since being abroad while the PR card application is pending tends to be a circumstance in which IRCC is more strict if not outright severe in its approach.

Overall, as I initially noted, the observations offered by @Bs65 hit the keys:

-- the elevated risk if the OP leaves Canada this year, which is especially salient if the OP needs to obtain a PR TD to return to Canada, and
-- days in Canada in 2014 are going to fall out of the calculation (thus, to the extent those corresponding days are spent in Canada this year that will only keep the calculation from decreasing, and being outside Canada the corresponding days this year will result in fewer days credit)
-- this appears to be a situation in which the OP may need to make some hard decisions relative to competing personal priorities, in terms of choosing in which country to save status​

 

[Yamahar1]

Thanks guys
So if. I apply in Sept.. Don't I have a good chance.. Because then they will look back 5 years exactly.. So thn I will have 730 days in my bag.. Isn't that enough?
I am really confused

 

[zardoz]

1. Became pr on March 10.2014
2.travelled from July 12.2014 to sep 10,2014
3. Travlled from Jan 28,2015 to Nov 14,2017
4. Traveled from apr 29,2018to May 15,2018
5. Travelled from Nov 10,2018 to Nov 20,2018
6. Teavlled from May 6.2019 to May 15.2019

From To # Days
2014-07-29 2014-09-10 42.0
2015-01-28 2017-11-14 1020.0
2018-04-29 2018-05-15 15.0
2018-11-10 2018-11-20 9.0
2019-05-06 2019-05-15 8.0
Total # Days 1094.0

That was done by the Residence Calculator at https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do
which is for citizenship, but gives a good approximation.

As the OP was actually outside Canada on the 29th July 2014, the absence may be 1095 and not 1094.

 

[Yamahar1]

If I apply in Sept first week, do I have to mention about my absence from July, 2014 to Sept 10,2014 in the application?
Will they take into account this particular absence while looking at the RO?

 

[zardoz]

If I apply in Sept first week, do I have to mention about my absence from July, 2014 to Sept 10,2014 in the application?
Will they take into account this particular absence while looking at the RO?

Not if it's more than 1825 days in the past.