Hi
1, Count back from today 5 years, 19/Jan/2016.
2. 9 days after "landing" , 7 days in Jun/18, 431 days from Nov 2019, total days = 447 days.
3., You are still 283 days short of being in compliance with your RO.
This is not precise in one key sense - this is not giving 'credit' for the days remaining to the first five-year anniversary. (I find calculating days OUT of Canada easier in this context, the 1095 day approach - see * below)
The OP
is in compliance right now, but not by much.
The law states:
(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
The part (i) here basically means that at any examination date, the PR is given credit for the prospective days remaining to the five-year anniversary of landing, i.e.
as if the PR will be in Canada throughout that period. (Or in more simple terms, add the days remaining to the total physical presence days from past).
In the OP's case, this means at examination, i.e. on return, he must have 730 days
including the days remaining to November 16, 2021. So to your calc of 447 days, add the ~299 days from today to November 16, for 746 days. So the poster IS compliant with residency obligation right now (as consideration is given for the days-to-landing anniversary).
From those remaining ~299 days one must subtract of course any days out of Canada. That is, this 746 days total is IF the OP remains in Canada through November 16 and does not depart from Canada for vacation at all. And - in a pure technical days-count perspective - can leave for a vacation outside Canada of ~14 days.
BUT: this is not without risk. Any delay could mean falling out of compliance. Any sudden urgent need to leave Canada for personal or professional reasons would mean additional risk. Application for new PR card will be possibly subject to even longer consideration and approval (meaning even more difficulty with travel in future, PRTD examinations).
So for the OP: it appears you COULD technically have just enough days for a short vacation. (Important:
do this calc on your own and take responsibility for it; no-one hear will bear any consequences if there's a mistake, you will).
But it
really may not be a good idea to take your vacation now. You are leaving yourself (if you depart Canada for 14 days) a 'buffer' for your RO of only one or two days. By remaining in Canada now, going past your landing anniversary day for three-four months, you will be more comfortably in compliance with some normal buffer of over, say, 60 or better 90 days. (You should also consider when you apply for PR card). Keep in mind after that anniversary you start to 'lose' days from before the five-year period.
Of course, only you can decide.
*1095 day rule: for those PRs with less than five years (landed less than five years from date of calculation), RO is calculated giving 'credit' for days-remaining to the five year anniversary of landing. THEREFORE, it may be easier to calculate days out of Canada as of any given date, and the 730 days IN Canada requirement is equivalent to 5 years * 365 days - 730 day residency = max 1095 days outside Canada.
For the OP above: from November 16, 2016 has been out of Canada from 11-Nov-18 to 6-Jun-18 (558 days) plus 13Jun-18 to 15-Nov-19 (520 days) = 1078 days (therefore
approximately 17 days buffer).
Note: this is MY simple calc. I'm not checking for leap years, I have just plugged in dates as given and not tried to correct / ensure partial days are exact, etc. Just showing an example - it's up to any PR to do their own EXACT calcs.
I'm also
assuming most PRs who are concerned about this do not want to be in a situation where they are in/out of compliance by only a few days.
