I still couldn't understand the 4 days logic here, Of course, I was there in Canada for 4 days and beyond that, so why it wont be counted in 733 days when the RO day starts from the landing date i.e 5/10/2016 and after 5 years i.e till 5/9/2021 it's 733 days, assuming the expiry date is counted from the time the PR counted is issued. (this is what I know so far in calculation the RO days)
As
@scylla noted there was a typo. Moreover, that was altogether very clumsy wording on my part.
Since you have passed the fifth year anniversary of the date of landing, the main thing is that when calculating compliance with the PR Residency Obligation ONLY days in Canada within the previous five years count. Each new day is a new calculation, based on the new five year period. So what matters is WHAT DATE the calculation is based on. Typical dates for calculating compliance are:
-- date of arrival at a Port-of-Entry
-- date a PR Travel Document is made
-- date a PR card application is made, noting, however, the RO calculation can also be made at a later date, such as the date of an interview
The date of landing is only relevant when calculating RO compliance up to the fifth year anniversary of the date of landing; a new PR has the full first five years in which to meet the obligation by spending at least 730 days in Canada during that five year period. (Again, this does not apply to you, since you have been a PR for more than five years.)
So yes, sure, if as of May 9, 2021, you had been IN Canada for 733 days since you landed (May 10, 2016), as of May 9, 2021 you were still in compliance with the RO. But the days you were here, in Canada, in May and June of 2016, are falling out of the five years that count. Since you are not here adding days, this means the number of days credit you have is decreasing, losing one day's credit for each corresponding day you were here five years ago.
Similarly, the dates on your PR card are NOT relevant when calculating RO compliance. This includes any new PR card you might get. (Date the PR card expires may influence whether a border official waives the PR through without a referral to Secondary and questions about RO compliance; but if and when the PR's compliance with the RO is being questioned, the date the PR card expires is NOT relevant.)
So for you, sorry for the repetition, your RO compliance is based on days IN Canada within the previous five years as of the day the calculation is done.
So, as of today, June 17, 2021, the relevant five years are June 17, 2016 to June 17, 2021.
So, if you arrive at a Port-of-Entry into Canada on July 3, 2021, the relevant five years are July 3, 2016 to July 2, 2021 (thus, days in Canada prior to July 3, 2016 will NOT count toward compliance with the RO).
So, if you apply for a PR Travel Document July 19, 2021, the relevant five years are July 19, 2016 to July 18, 2021 (thus, days in Canada prior to July 19, 2016 will NOT count toward compliance with the RO).
. . . But under such a Global emergency, Canada is restricting and encouraging to postpone all the NON-ESSENTIAL travels even if you are a Canadian Citizen or Permamaner Resident as its a risk to lives and a matter of National Safety. So ideally IRCC, when they are dealing with such cases, would probably take into account all such aspects while examining the RO compliance. I am really not how the cases are defined for Non-obligatees in this situation.
This goes back to the response from
@bellaluna, stating that "
Yours is not an H&C case." That would have been true back before you started losing credit for days in Canada in May 2016. You were in compliance with the RO then. But since you have remained outside Canada and are now losing credit for days here in 2016 as they pass the five-years-ago date, you are no longer in compliance with the RO.
Calculating RO compliance is simple. It is arithmetic, the calendar, and the geographical location of the PR. That is all that is taken into account (well, there are some exceptions, like accompanying a Canadian citizen spouse abroad, none relevant here). Number of days in Canada in the relevant five years. That's it.
That is prescribed by statute. IRCC has no authority to change it.
There is a relief valve however. H&C factors will be considered BEFORE a PR in breach of the RO is issued a decision terminating the PR's status.
Yes, the global pandemic is almost certainly being considered as a relevant H&C factor (but how much weight that carries will be very specific to the individual situation). But this does not affect the calculation of compliance with the RO itself. H&C factors only enter into things WHEN the PR is in BREACH of the RO. H&C factors may support a decision allowing the PR to keep status DESPITE failing to comply with the RO.
You are in breach. So yes, technically you have a H&C case. And if you apply for a PR TD, that will be the key factor determining whether a PR TD is approved and issued, or denied (a decision which terminates PR status, but which is subject to appeal). And yes, the impact of the global pandemic will almost certainly be a significant consideration in assessing the H&C factors in your case.
I added the word "technically" above because, for example, if you are able to travel to Canada before your PR card expires (does not look likely but if you could), or you were able to travel to Canada via the U.S. and enter at a land border crossing, given the overall situation (Covid et al) and how close you are to being in compliance, there is a fair to good chance the border officials would not even engage in a formal RO compliance examination, but just waive you into Canada, no formal decision on whether H&C reasons justify allowing you to retain PR status despite the breach of RO.
But a formal application for a PR TD requires the Visa Office to determine whether the PR is in compliance with the RO. You are not. So the H&C factors will quite likely determine whether you are issued a PR TD or not.
That's where it gets particularly tricky. I am not clear what
@scylla means by "
You mean H&C due to the pandemic? If so, then no, I wouldn't assume that H&C applies." If
@scylla means a PR should
not assume that the pandemic will be a
sufficient H&C reason to overcome the RO breach, I agree. But I am highly confident, virtually certain, that the pandemic not only can be and will be, but
must be considered in weighing the PR's reasons for remaining outside Canada as a H&C factor. How much weight it carries will vary from individual to individual depending on the individual's personal situation, including other reasons for being outside Canada and remaining outside Canada. Moreover, H&C factors are not considered standing alone but are weighed in context with all the other circumstances in the individual case.
Thus, that is why I previously mentioned that how long it has been since you were last in Canada is a significant factor. Other factors include your ties in Canada versus your ties outside Canada. There are many topics here where H&C factors are discussed in depth. Reasons for being outside Canada before the pandemic are a factor. Your credibility is a factor.
As I concluded my previous post: . . . once you pass the in-breach-threshold . . . the dynamics shift and
how it goes can depend quite a bit on whether you are a person perceived to be deserving of keeping PR status despite having failed to comply with the RO.
