Does RO only apply to last 5 years?

[edgeacef22]

I have spent over 730 days in Canada since becoming a PR back in 2009, but that is outside the 5 year period. I'm about to apply for renewal, am I within RO, or outside because since 2012 its less than 730?

 

[Tubsmagee]

I have spent over 730 days in Canada since becoming a PR back in 2009, but that is outside the 5 year period. I'm about to apply for renewal, am I within RO, or outside because since 2012 its less than 730?

You are not in compliance with RO.

In determining whether a permanent resident meets the residency test of physical presence for at least 730 days in a five-year period, A28(2)(b)(i) and (ii) state that:
28.(2)(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they
became a permanent resident;
(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination [of their residency status by a visa officer].
For the purposes of determining the date of the examination of residency status, a visa officer shall use the date that an application is officially received in the visa office. By stipulating that the examination of residency status begins on the day that the application is received in the visa office, the applicant is not disadvantaged in any way if the formal assessment of an application is delayed for any period of time following receipt of the application.
For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

http://www.cic.gc.ca/englisH/resources/manuals/op/op10-eng.pdf

 

[Buletruck]

Any time spent in Canada more than 5 years ago does not count. It's a rolling 5 year period. If you have been outside of Canada since 2012, any time in Canada prior to February 2012 no longer counts. You are well outside the residency requirements and IRCC will likely look at revocation.

Are you in Canada now?

 

[edgeacef22]

Thanks for the responses. I am in Canada now, and am aware that I could stay for 2 years to fulfill RO requirements, but I am wary of it. How hard is it living with an expired card, as its my only form of ID to give to employers. Also, the card expired over two years ago, is that really bad? Because by the time I go to renew it it will have been expired for four years, and I don't want to go through the hassle of never leaving Canada to visit my family in America only to have it still be revoked in the end.

I entered Canada a month ago and had a long conversation with the immigration officer, and I am not sure if he reported me or not. Would he have had to have told me if he reported me? Also he made sure I told him I wasn't staying in the country, that I was only visiting my mother, which was my plan, if I go back on that now and stay, will they know I lied?

 

[canuck_in_uk]

Thanks for the responses. I am in Canada now, and am aware that I could stay for 2 years to fulfill RO requirements, but I am wary of it. How hard is it living with an expired card, as its my only form of ID to give to employers. Also, the card expired over two years ago, is that really bad? Because by the time I go to renew it it will have been expired for four years, and I don't want to go through the hassle of never leaving Canada to visit my family in America only to have it still be revoked in the end.

I entered Canada a month ago and had a long conversation with the immigration officer, and I am not sure if he reported me or not. Would he have had to have told me if he reported me? Also he made sure I told him I wasn't staying in the country, that I was only visiting my mother, which was my plan, if I go back on that now and stay, will they know I lied?

Your PR status will not be revoked if you apply for a new card after you are back in compliance with the Residency Obligation.

Yes, you would have been told if you were being reported. Plans change.

 

[romanbel0]

Thanks for the responses. I am in Canada now, and am aware that I could stay for 2 years to fulfill RO requirements, but I am wary of it. How hard is it living with an expired card, as its my only form of ID to give to employers. Also, the card expired over two years ago, is that really bad? Because by the time I go to renew it it will have been expired for four years, and I don't want to go through the hassle of never leaving Canada to visit my family in America only to have it still be revoked in the end.

I entered Canada a month ago and had a long conversation with the immigration officer, and I am not sure if he reported me or not. Would he have had to have told me if he reported me? Also he made sure I told him I wasn't staying in the country, that I was only visiting my mother, which was my plan, if I go back on that now and stay, will they know I lied?

There is no REAL need in having a PR card inside Canada. You do not have to have it here, same goes for passport, both are travel documents. You dont need them if you dont travel. While it can serve as ID, there are other forms of ID. Medical card, driver s licence and your home country passport. The valid prove of your PR status is landing document and not just a PR card. SIN number suffices for employer, he cant legally demand your PR card.

 

[spyfy]

There is no REAL need in having a PR card inside Canada. You do not have to have it here, same goes for passport, both are travel documents. You dont need them if you dont travel. While it can serve as ID, there are other forms of ID. Medical card, driver s licence and your home country passport. The valid prove of your PR status is landing document and not just a PR card. SIN number suffices for employer, he cant legally demand your PR card.

I want to second that. Your employer is not allowed to ask for a PR card. He is only allowed to ask for a SIN which I hope/assume you have. If your SIN doesn't start with a 9 that means you have a permanent SIN that is good for employment (I heard there is something about "dormant" SINs if you don't use it for a while but someone else would have to chime in on that).

And, of course, do not leave Canada for the next two years. Don't gamble again.

 

[edgeacef22]

That's all great to know then thank you for the help. My concern is just having a valid form of ID, as I have no other kind of Canadian ID to show employers. My CA Drivers license is expired as well.

 

[thecoolguysam]

That's all great to know then thank you for the help. My concern is just having a valid form of ID, as I have no other kind of Canadian ID to show employers. My CA Drivers license is expired as well.

i think renewing drivers license requires valid PR card.

 

[romanbel0]

i think renewing drivers license requires valid PR card.

While you can use PR card to prove your status before drivers licence issuer, you do not have to. You can also provide a landing form and that must suffice. They cant deprive u of drivers license just because you do not intend to travel outside Canada and hence do not need any PR card at all, for this is the only thing the PR card is needed. If you live in Canada and dont travel - forget about PR card, nobody has right to ask you for it here, but border control or airlines outside Canada. No other governement official, policeman, judge, security, airline stuff within Canada or employer. NOBODY.

 

[canuck_in_uk]

While you can use PR card to prove your status before drivers licence issuer, you do not have to. You can also provide a landing form and that must suffice. They cant deprive u of drivers license just because you do not intend to travel outside Canada and hence do not need any PR card at all, for this is the only thing the PR card is needed. If you live in Canada and dont travel - forget about PR card, nobody has right to ask you for it here, but border control or airlines outside Canada. No other governement official, policeman, judge, security, airline stuff within Canada or employer. NOBODY.

The COPR does not always suffice. One clear example is Service Canada. If a person does not apply for a SIN within a year of landing, Service Canada requires the actual PR card to apply. And in BC, a person will only be issued a temporary paper driver's licence with their COPR. A valid PR card is required to get the actual plastic license.

 

[thecoolguysam]

While you can use PR card to prove your status before drivers licence issuer, you do not have to. You can also provide a landing form and that must suffice. They cant deprive u of drivers license just because you do not intend to travel outside Canada and hence do not need any PR card at all, for this is the only thing the PR card is needed. If you live in Canada and dont travel - forget about PR card, nobody has right to ask you for it here, but border control or airlines outside Canada. No other governement official, policeman, judge, security, airline stuff within Canada or employer. NOBODY.

In BC, when I applied for drivers license(after first time landing), they issued it to me on the basis of my landing document however they just gave me a paper copy and told me to bring PR card in order to get a full proper license. Once I got my PR card, i showed it to them and they issued me a proper drivers license.

 

[Blueboy1980]

There is no REAL need in having a PR card inside Canada. You do not have to have it here, same goes for passport, both are travel documents. You dont need them if you dont travel. While it can serve as ID, there are other forms of ID. Medical card, driver s licence and your home country passport. The valid prove of your PR status is landing document and not just a PR card. SIN number suffices for employer, he cant legally demand your PR card.

Your landing document is not proof of PR status, only valid proof is the PR card. An expired PR card can be used to renew health cards and driver's license etc as long as it is less than 5 years after expiry

 

[Tubsmagee]

Your employer is not allowed to ask for a PR card. He is only allowed to ask for a SIN which I hope/assume you have.

Where is this a regulation? While it has been close to 10 years, I am fairly positive that both of my employer's requested a copy of my PR card during hiring process.

 

[thecoolguysam]

Where is this a regulation? While it has been close to 10 years, I am fairly positive that both of my employer's requested a copy of my PR card during hiring process.

I am not too sure however, following are my views:

Usually employers don't ask for PR card except SIN Card.

PR card holders/citizens have sin card # starting with 7

However, immigration documents are required for the employers when sin# starts with 9.

Here is a helpful link:
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-employers-sin.html

If an employer still asks for the immigration document then, I can't say much how or why they ask for it.