730 days physical presence

[sabelajt]

Hi everyone. I'm in a desperate situation here, and I need your help

I received PR on Nov. 29, 2017 (that's when I entered Canada to activate it. I believe it starts counting from there on). I have only been present in Canada for a week, and now I'm working in the US. I thought I had a chance to PR here, but I recently discovered that wasn't the case anymore. I renewed my contract at my current job for another year (May 29, 2020). I'm not sure if I should leave my job and move immediately to Canada in order to avoid losing my PR, or if I'm still good taking into account the 730 physical presence rule to keep my Canadian PR. Anything else I should take into account I'm maybe overlooking? Thanks...

 

[k.h.p.]

Are you planning on actually ever permanently being in Canada?

You have to compete 730 days in Canada by the end of five years since you landed. If you had got US PR, would you have abandoned the Canadian one?

 

[sabelajt]

Right now, yes. I am planning on permanently being in Canada. I wasn't sure before, but now I am. I am just wondering if I am good in terms on timeline taking into account when I received my PR. Got there for the first time on November 29, 2017, planning to move there in like June, 2020.

 

[k.h.p.]

As long as when you finally permanently arrive you do not leave Canada for 730+ days. You may want to add a few days (a week or a month) in case of counting errors, etc.

 

[sabelajt]

You mean, as long as I don't leave the country for more than 730 total? Okay, sorry. I'm nervous and confused because my life plan just changed in a heartbeat

 

[djluvrocks]

As long as when you finally permanently arrive you do not leave Canada for 730+ days. You may want to add a few days (a week or a month) in case of counting errors, etc.

Curious to know do these 730 days have to be continuous or you can go out of Canada for family visits/business and continue the count upon return to Canada?

 

[scylla]

Curious to know do these 730 days have to be continuous or you can go out of Canada for family visits/business and continue the count upon return to Canada?

That depends on when someone returns to Canada and how many days of residency the are lacking within the five year period / how long they've been outside of Canada. If someone has been outside of Canada for three years or very close to three years, that effectively leaves with with no or very few days available for travel outside of Canada - and may mean they have to remain in Canada for 2 years straight to guarantee they can keep PR.

 

[sabelajt]

According to my calculations, May, 2020 would be 2.5 years outside Canada if I entered November 29, 2017. Hopefully I'm right. I am thinking of moving there then (May/June 2020), although maybe not spending 3 consecutive years in the country since I'll visit my family at some point. Hopefully they don't need to be consecutive years. But again, doing my math, I think I am good with the timeline even if visiting my family for a month in the remaining time? Thank you!

 

[djluvrocks]

That depends on when someone returns to Canada and how many days of residency the are lacking within the five year period / how long they've been outside of Canada. If someone has been outside of Canada for three years or very close to three years, that effectively leaves with with no or very few days available for travel outside of Canada - and may mean they have to remain in Canada for 2 years straight to guarantee they can keep PR.

Got it, thank you!

 

[canuck78]

According to my calculations, May, 2020 would be 2.5 years outside Canada if I entered November 29, 2017. Hopefully I'm right. I am thinking of moving there then (May/June 2020), although maybe not spending 3 consecutive years in the country since I'll visit my family at some point. Hopefully they don't need to be consecutive years. But again, doing my math, I think I am good with the timeline even if visiting my family for a month in the remaining time? Thank you!

Yes you can move back in May/June 2020. No 730 days doesn't have to be continous but they must be within 5 years of landing

 

[sabelajt]

Perfect. Last question: For the physical presence requirement, do I have to be LIVING and WORKING in Canada, or the fact that I'm not working and looking for jobs count as part of those 730 days? Thanks

 

[k.h.p.]

Just physically in Canada.

 

[sabelajt]

Thanks!