Are 730 days required in a single go for Residency Obligation for renewing PR?

[omqtcad]

Dear All,

I got my permanent residency back on 02nd OCT 2014, the day I landed in Canada for the first time. I stayed there for a week (7 days) and returned back. My PR cards states 27 Oct 2019 as an expiry date.

Initially at the time of getting my PR card I planned to return back to Canada by 01-JULY-2017 to complete more than 730 days towards my residency obligation (848 days) for PR card renewal and face no problem. But now it seems like I wont be able to return until 15th JAN 2018 when my employment contract with my company ends and will only 624 days until my PR card expires. I'm working for a non-Canadian company outside Canada and the only way I can meet my residency obligation is by living there.

My questions is if I spend (20 days) in 2016 and 2 months (60 days) in 2017 in Canada and then eventually return back on 15th JAN 2018, will the days I spent in 2016 and 2017 be counted toward be 730 residency obligation days? By doing so I will complete full 730 required days. Secondly would there be any questions why did I come in and out of the country multiple times ?

Thirdly while returning on 15th JAN 2018, can I face any issues while entering ?

Thanks a lot for your guidance.

 

[ifeedly]

624 +20+61 =705 not 730
Yes they will ask you questions.

Choose and committ whats important.

 

[omqtcad]

Are you counting days from 5 years from landing or 5 years of expiry. If 5 Years of landing then yes 705.

So is it counted against landing date or expiry of PR card date ?

And secondly does it mean its possible to count any day spent in Canada within the 5 years period ?

 

[Rob_TO]

Are you counting days from 5 years from landing or 5 years of expiry. If 5 Years of landing then yes 705.

So is it counted against landing date or expiry of PR card date ?

And secondly does it mean its possible to count any day spent in Canada within the 5 years period ?

Your PR card expiry date is irrelevant. They will check if you have fulfilled your residency obligation going back to your landing date. So bascially as soon as you have been outside Canada for 3 years since landing (in first 5 years), you have violated the residency obligation, and if reported upon entry will probably have your PR status revoked.
In your specific case, since you last left Canada in October 2014, you will be in violation of the RO starting October 2017. Each day you return to Canada before Oct 2017, will add a day extra to the RO deadline for you. Again what date your PR card expires does not matter in terms of meeting the RO, all a valid PR card will do is allow you to board a plane to Canada.

So you should try to spend at least 4 months in Canada in 2016/2017 which will extend the RO violation date until around February 2018, so when you return in January 2018 you will still be in compliance.

 

[ifeedly]

Are you counting days from 5 years from landing or 5 years of expiry. If 5 Years of landing then yes 705.

So is it counted against landing date or expiry of PR card date ?

And secondly does it mean its possible to count any day spent in Canada within the 5 years period ?

In your case, since the entire duration is less than 5 years the counting begins from the date you became PR.
as long as you can prove that in the 5 year qualifying period you can establish 730 days minimum stay in Canada you should be fine.
the 2 yr requirement is 730 days in the counting period in total it does not matter whether it is the beginning or at the tail end of that period if you have been a PR less than five years.

 

[omqtcad]

Thank you both ifeedly and Rob. Really generous of you to be of such great help.

I assume then the 9 days I spent earlier in Oct 2014 will count in as well and if I make 30 days in 2016 and 60 in 2017 and the remaining 635 between 5th Jan 2018 to 1st Oct 2019 . I will have 8+30+60+635=733 days in total.

Appreciate if you could guide if this could work ?

 

[Leon]

Yes, it can work and you should keep some proof of your future stays in Canada like keep your boarding cards.

 

[omqtcad]

Great, thanks Leon

 

[Rob_TO]

Thank you both ifeedly and Rob. Really generous of you to be of such great help.

I assume then the 9 days I spent earlier in Oct 2014 will count in as well and if I make 30 days in 2016 and 60 in 2017 and the remaining 635 between 5th Jan 2018 to 1st Oct 2019 . I will have 8+30+60+635=733 days in total.

Appreciate if you could guide if this could work ?

Yes as long as the times add up, technically that would work. However it's not recommended to cut your residency obligation so close. This means that once you return to Canada permanently in January 2018, you must basically stay here for almost 2 straight years without leaving. If there is any emergency or need to travel outside Canada even for a small amount of time, it could push you to violate the RO and be reported when you try to return.

 

[hrd123]

PR Residency Obligation

Dear Friends,

Kindly advice,

I am planning to do short landing at Toronto for 20 days initially then return to home country. After 2 years, I will plan to permanently land Toronto and will continue for minimum days PR card obligation ( 734 days ). can I plan in this way.

pls help

 

[ifeedly]

Re: PR Residency Obligation

Dear Friends,

Kindly advice,

I am planning to do short landing at Toronto for 20 days initially then return to home country. After 2 years, I will plan to permanently land Toronto and will continue for minimum days PR card obligation ( 734 days ). can I plan in this way.

pls help

Law requires 730 days minimum. as long as you are meeting that number, its fine. But why go that route? PR means you want to make Canada your home. the sooner you start the better.

 

[dpenabill]

Dear Friends,

Kindly advice,

I am planning to do short landing at Toronto for 20 days initially then return to home country. After 2 years, I will plan to permanently land Toronto and will continue for minimum days PR card obligation ( 734 days ). can I plan in this way.

pls help

Such plans are common.

And yes, this is an acceptable plan. Indeed, the only obligation is to meet the PR Residency Obligation, and thus you could remain abroad for up to three years before coming to Canada to settle.

Of course even two years, let alone three years, tempts fate a bit. Stuff happens. This forum is rife with reports of landed PRs who planned to settle in Canada in a year or two, and then that time frame dragged on for this or that reason into two or three years, and then slipped past three years. Past three years does not meet the PR RO.

The part that is a bit disconcerting is this:
" . . . will continue for minimum days PR card obligation ( 734 days )"

Not sure what that means. The PR RO is the minimum obligation, and cutting it close is cutting it close, with what should be obvious implications.

On the other side of the equation, to be a PR is about becoming a PERMANENT resident of Canada. Those with a plan involving something other than settling in Canada permanently should be aware that obviously IRCC and CBSA will examine their status and compliance with obligations with due consideration of this.