You can also take your chances in getting a Canadian citizen spouse or common law partner accompanying you outside Canada to meet the residency obligation.Rob_TO said:
730 DAYS RULE NOT MET ?!?!
- Thread starter Roofster
- Start date
So , once I complete my 730 days which is going to be happen in july 2017.Right after that I have to leave to canada after Applying my PR card renewal process.because i have to reach my University before August 1/2017 if my university allow me one year further extension. MY question is that what if I did not receive my PR card in mean time because it happens some time ? right they take long time to renew and I will be out of canada at that time.So will I be able step back into canada if dont have any PR card at that time But still I fullfilled the requirement of 730 days. what will happen next ?
If you fulfill your 730 days and can prove it, you can leave Canada and return by applying for a PR travel document which will be granted as long as you have 730 days in the past 5 years at the time you apply for it.chahal91 said:
Hi everyone
I have question for you the thing is that my sisters PR card has expired last year in July, 2015 and she applied for renewal at that time and then went to India for her studies in July. For your Information she had completed 2 years in last 5 years. But she did not received her PR card yet but she is in India right now without PR card. Is she able to apply for travel document ? and she already got travel document once before in 2011 because of situation. my other question is how time a person can apply for travel document in life I mean is there any rule that you can apply it only once in your lifetime ? and is there any time limit for applying the travel document that you have to apply with in a year or two years from the date of your PR card expiration ?
Thankyou
I have question for you the thing is that my sisters PR card has expired last year in July, 2015 and she applied for renewal at that time and then went to India for her studies in July. For your Information she had completed 2 years in last 5 years. But she did not received her PR card yet but she is in India right now without PR card. Is she able to apply for travel document ? and she already got travel document once before in 2011 because of situation. my other question is how time a person can apply for travel document in life I mean is there any rule that you can apply it only once in your lifetime ? and is there any time limit for applying the travel document that you have to apply with in a year or two years from the date of your PR card expiration ?
Thankyou
keesio
VIP Member
- May 16, 2012
- 396
- Category........
- Visa Office......
- CPP-O
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 09-01-2013
- Doc's Request.
- 09-07-2013
- AOR Received.
- 30-01-2013
- File Transfer...
- 11-02-2013
- Med's Done....
- 02-01-2013
- Interview........
- waived
- Passport Req..
- 12-07-2013
- VISA ISSUED...
- 15-08-2013
- LANDED..........
- 14-10-2013
If she has 730+ days in the last 5 years (and can prove it to some degree), she can apply for a travel document. There is no limit I am aware of in regards to the number of times you can apply for one.chahal91 said:
Hello the gurus. I am a permanent resident of Canada since 2013. I have travelled severally for some personal reasons in the past. My card will expire next year but won't be able to meet the RO of 730days. I am within Canada. So please what is your advice? If I stay for more months to meet the RO, will my application be renewed in the near future after I have satisfied the RO? Is there anybody in the house who has had this experience and was able to renew? Can I stay for many years and then applied for citizenship instead of PR renewal? What is the implication of staying in Canada without valid PR card? Waiting your candid advice and info. Thanks
I stand to be corrected on this but it's my understanding that if you applied for a new PR card after 730 days then they would have to approve it. If however you left Canada on day 731 you would start to be out of residency and could face problems returning. Basically you need to build up a surplus of residency days to at least match any time you plan to spend abroad.
R
rish888
Guest
As long as you have 730 days in Canada then you are good as far as renewal goes.
You can stay until you have 3 years and apply for citizenship. But once you have 730 days you can just get a PR card for foreign travel if you want.
There are no implications for staying in Canada without a PR card. There is no law requiring you to have one. As long as you have your SIN number, Driver's License/Photo card, and Health card then you are good.
The point is that any PR can have their residency examined at a POE and if they are found not to have been resident in Canada for at least 730 days in the 5 years immediately preceding the day of the examination they risk being reported. In this example a person applying for a PR card after only 730 days residency and then leaving Canada the following day for say 14 days would arrive back in Canada with only 716 days of residency in the 5 years to the date of their return and be therefore in breach of their obligation. Things of course are different in the first 5 years of PR.
No, that would only be true if some of the 730 days were obtained a full 4-5 years ago, so start dropping off the calendar as you go forward.
If 730 days were obtained in the past 2 years, then a PR could stay outside Canada up to 3 years and still be in compliance with the RO, as long as the 730 days are within the past 5 years as of date you attempt to enter Canada.
Rob_To - you are of course quite correct - I was approaching in it from the wrong end!
Given recent conversation, a REMINDER: Cutting-it-close is RISKY.
Scores (if not the majority) of PRs reporting serious status-related difficulties in this forum, ranging from 44(1) Reports, long delays in PR card renewal, and denied PR TD applications, quite adamantly report being in compliance with the PR Residency Obligation, but were cutting-it-close. And then there are those who were cutting-it-close and encountered compelling reasons to be abroad longer than planned, who then were in breach of the PR RO (more than a few wondering why H&C reasons do not save their status).
After the fifth year anniversary of the day the PR landed, a PR needs to have been present in Canada for at least 730 days within the preceding five years, as of EACH and EVERY day. BUT this is merely the minimum and while not exactly an ABSOLUTE minimum, it is close to being a fixed, definitive cutoff.
Make no mistake, those who proceed, as if being in Canada 800 or even 900 days (less than half the time) within the preceding five years will suffice to safely maintain their PR status, are taking chances. The purpose of granting PR status is to allow an individual to settle and live PERMANENTLY in Canada. Patterns of absence contrary to that purpose will, obviously, invite elevated scrutiny and, depending on the circumstances, potential difficulties, not the least of which could involve IRCC skepticism in assessing the PR's evidence of presence in Canada, making it more difficult to meet the PR's burden of proving days in Canada. In this regard, another reminder is warranted: if presence is questioned, entry and exit dates directly prove only presence on those specific dates, not any days in-between.
This is NOT to say that IRCC imposes an unreasonably high bar for such PRs. Actually, IRCC leans more in the direction of flexible, even liberal. Proof of 731 days presence will indeed suffice. What years of anecdotal reports in this forum (and others) reveals, however, is that scores and scores of PRs grossly over-estimate the extent to which just coming to and being in Canada for 730 days supports their case, failing to recognize the import of having direct and objective evidence to show actual days in Canada, the ability to meet their burden of proving compliance with the PR RO.
This is also NOT to say that cutting-it-close typically results in the loss of PR status. There is an increased risk of that. But the bigger and more common risk, the problems scores and scores of those who do cut-it-close encounter, are problems like those related to hampered travel while a PR card application wallows in Secondary Review, or needing to apply for health care or a drivers license without a currently valid PR card.
Obviously, those who cut-it-close and then encounter contingencies in life which result in actually falling short, are indeed at high risk for losing PR status. And over the years, the anecdotal reports reveal this happens rather often and despite, as the adage goes, the best laid plans.
Scores (if not the majority) of PRs reporting serious status-related difficulties in this forum, ranging from 44(1) Reports, long delays in PR card renewal, and denied PR TD applications, quite adamantly report being in compliance with the PR Residency Obligation, but were cutting-it-close. And then there are those who were cutting-it-close and encountered compelling reasons to be abroad longer than planned, who then were in breach of the PR RO (more than a few wondering why H&C reasons do not save their status).
After the fifth year anniversary of the day the PR landed, a PR needs to have been present in Canada for at least 730 days within the preceding five years, as of EACH and EVERY day. BUT this is merely the minimum and while not exactly an ABSOLUTE minimum, it is close to being a fixed, definitive cutoff.
Make no mistake, those who proceed, as if being in Canada 800 or even 900 days (less than half the time) within the preceding five years will suffice to safely maintain their PR status, are taking chances. The purpose of granting PR status is to allow an individual to settle and live PERMANENTLY in Canada. Patterns of absence contrary to that purpose will, obviously, invite elevated scrutiny and, depending on the circumstances, potential difficulties, not the least of which could involve IRCC skepticism in assessing the PR's evidence of presence in Canada, making it more difficult to meet the PR's burden of proving days in Canada. In this regard, another reminder is warranted: if presence is questioned, entry and exit dates directly prove only presence on those specific dates, not any days in-between.
This is NOT to say that IRCC imposes an unreasonably high bar for such PRs. Actually, IRCC leans more in the direction of flexible, even liberal. Proof of 731 days presence will indeed suffice. What years of anecdotal reports in this forum (and others) reveals, however, is that scores and scores of PRs grossly over-estimate the extent to which just coming to and being in Canada for 730 days supports their case, failing to recognize the import of having direct and objective evidence to show actual days in Canada, the ability to meet their burden of proving compliance with the PR RO.
This is also NOT to say that cutting-it-close typically results in the loss of PR status. There is an increased risk of that. But the bigger and more common risk, the problems scores and scores of those who do cut-it-close encounter, are problems like those related to hampered travel while a PR card application wallows in Secondary Review, or needing to apply for health care or a drivers license without a currently valid PR card.
Obviously, those who cut-it-close and then encounter contingencies in life which result in actually falling short, are indeed at high risk for losing PR status. And over the years, the anecdotal reports reveal this happens rather often and despite, as the adage goes, the best laid plans.
How to do you define "Cutting-it Close" ?
In my case, I got PR in 2015.
2015 --> made first entry on 15- Sep- 2015 & was in Canada for 2 weeks
2016 --> Was in Canada for 6 weeks
2017 --> was in Canada for 4 weeks
Thus, total 12 weeks in first 3 years
Plan to settle and enter in Canada for good in fourth year on 14 Nov 2018 ... So means I have 4 weeks extra.
Do you call it "Cutting-it Close" ?