Exceptions to the 730 days rule

[zardoz]

Will time spent in Canada on a student visa/permit immediately before obtaining PR status count towards 730 day rule. I ask because I may have to leave if I do not get entry into a Canadian medical school at the end of my four year degree course. I am currently in my third year at university and my family are hopeful of getting PR status in the next 18 months. I would like to return to Canada eventually.

It is my understanding that the answer to this is no. It only counts days since you "landed" as a PR.
http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Appendix A: Residency obligation

Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card.

If you have been a permanent resident for five (5) years or more

you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
If you have been a permanent resident for less than five (5) years

you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

Of course, if you want the full details, see http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf and http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

 

[Leon]

That's right. Time before PR does not count and even if it did, it would not help you because it is 730 days in a 5 year period so even if you had spent 730 days before getting PR, after 3 years outside Canada, those days would start moving outside the 5 year window and would have to be replaced by new days spent in Canada.

 

[Msafiri]

Does this mean, that genuine small businessman who need to travel overseas for business purpose will not have their days outside Canada counted towards 730 days. Will they not consider the amount of turnover, profit and taxes that will be paid? Let's say my business need is to travel certain number of days in a month outside Canada, will they not allow this?

The Canadian Business exception clause has multiple conditions - one is that you are assigned overseas. Your situation sounds like a Canada home base with occasional/ regular travel overseas. This is the same as any other business travel its not a permanent overseas posting...sorry!!

 

[PMM]

Hi

Will time spent in Canada on a student visa/permit immediately before obtaining PR status count towards 730 day rule. I ask because I may have to leave if I do not get entry into a Canadian medical school at the end of my four year degree course. I am currently in my third year at university and my family are hopeful of getting PR status in the next 18 months. I would like to return to Canada eventually.

1. No.