Counting days

[mapleleaf0]

I am kind of confused here.

If i count how many days ive spent in Canada its way more than 730 since my card is expired and been over staying, in the application it says how many days youve travelled you need less than (1095). When i do that i come close to 1095. How do you calculate exactly and what mattera 730+ or 1095?

 

[scylla]

When applying to renew your PR card, CIC will only look at the 5 years immediately preceeding the date you apply to renew your card. Within those five years, how many days have you spent in Canada and how many days have you spent outside of Canada? To qualify to renew your PR card, you need a minimum of 730 residency days in the preceeding 5 year period.

 

[Leon]

But when you look at the application form to renew a PR card, you will notice that it asks you if you have spent 1095 days or more outside Canada in the past 5 years or since becoming a PR. If you reach 1095 or more, you need to explain yourself.

Keep in mind that when you count your days, a part of a day in Canada is counted as a day in Canada so say you leave on a Saturday, spend the night in the US and come back on a Sunday, you have actually spent 0 days outside Canada.

 

[mapleleaf0]

Honestly its confusing, ill be more precise.

I became pr on jan 11 2009. Stayed for 10 months and left.
Then through the 5 year period i have my days but i am close to 1095 days (outside of Canada)

But since september i have stayed here thats plus 6 months, so those days dont count? Only the days in between that i have been outside?

 

[scylla]

Forget about when you became a PR and when your PR card expired. Just look back at the previous 5 years from today's date. Do you have 730 days in Canada during this 5 year period? If so, you can renew your PR card.

 

[mapleleaf0]

I have way more than 730. Thanks if thats the case.

 

[aols]

Hello,

I have been going over the posts regarding the counting of days, trying to understand it (so I wouldn't have to bother anyone), but for some reason, I still get a bit confused, hope you can help me out.... (PR card valid till August 25, 2015)
PR landed July 10, 2010 - stayed 10 days and left to finish work contract.
came back April 18, 2012 and have been here since (except for the occassional foray to the US for overnight stay/grocery/gas )
we are seriously considering a possible job offer outside of Canada (have had only casual jobs as we are deemed "overqualified" or unluckily bumped by an internal candidate ). If I follow correctly, I should be meeting my 730 days by the first week of April 2014? If we go for the job, the earliest we need to go there would be May 2014. I assume we get to keep the PR since we already have the 730 days for this 5-year block, but then, where do I start counting the next 5 year block? when I renew my PR in 2015 or from the time I will leave?

Plan is to stay outside to work for 1 to 2 years max then come back, would that be okay? could we stay out longer than that or shorter than that.

Also, regarding the new citizenship bill, once it is signed into law, will that be retroactive or will it only affect the immigrants who land after it is signed or will it affect the PR's already here but who still have not applied for citizenship (for one reason or another)?

Many thanks for you time to help. I appreciate it.

 

[keesio]

The requirement is 730 days over any 5 year period. That period is rolling. It means that at any time, you should have 730+ days in Canada when you look back at your last five years.

I imagine the new proposed rules would (assuming it is eventually passed) apply to anyone who has not yet applied for citizenship once it becomes active.

 

[Leon]

I assume we get to keep the PR since we already have the 730 days for this 5-year block, but then, where do I start counting the next 5 year block? when I renew my PR in 2015 or from the time I will leave?

There are no blocks. You have to meet the residency requirements for your first 5 years as a PR counted from your landing date and after that you always have to meet them for the period of the past 5 years.

Say you stayed in Canada for 1 year, left for 3, stayed again for 1 and then renewed your PR card. You have met the residency requirements for the past 5 years and you will get a new PR card. You now leave again. A year passes. You have now in the past 5 years spent 3 years outside, 1 inside and 1 outside again, hence you do not meet the residency requirements.
When you enter Canada at this point, if the immigration officer becomes aware that you don't meet the residency requirements they can report you and start proceedings to revoke your PR. If you were to lose your PR card at this point while outside Canada and have to apply for a travel document to return, you would not get one but they would also start proceedings to revoke your PR unless you had some H&C grounds for having to stay outside. Choosing to work outside Canada would not be accepted.

One thing they can't do though is go back in time and catch you for not meeting them in the past if you are already at the point of meeting them again. In the above scenario, if you return to Canada and the immigration officer does not suspect that you don't meet the residency requirements and therefore does not report you and you stay in Canada until you meet the residency requirements for the past 5 years again, you would be good.

 

[aols]

@Leon and Keesio........thank you very much for that, I think I get it...........something to think about........many thanks for the help, it is appreciated.

 

[aols]

hi, me again......I forgot the clarify the counting back 5 years, do you include the current year you are in or the year before? ex. lets say now in 2014, if I count 5 years back would I count 2009-2013 or from 2010-2014 (including this year already)? thank you again

 

[keesio]

hi, me again......I forgot the clarify the counting back 5 years, do you include the current year you are in or the year before? ex. lets say now in 2014, if I count 5 years back would I count 2009-2013 or from 2010-2014 (including this year already)? thank you again

It would be 5 years from the current date. For example, if you look back 5 years from today, it would be: March 8, 2009 - March 8, 2014.

 

[aols]

thank you very much everyone, I get the "rolling" 5 years..............I appreciate the advises..........