Fulfilling PR Residency Obligation

[YvesLaLune]

Hi Guys,

Thanks in advance for your help and consideration!

I have had my PR Status since 24 Jan 2018 and my PR Card expires on 26 Jun 2023. As I understand it, my PR 'card' is valid for 5 years & 5 months. I have plans to return to Canada in January 2021 to complete my residency obligation of 730 days in Canada.

I am aware that the PR 'status' is not expirable and I can still enter the country even if I don't meet the 2 of 5 years requirement. I am also aware that even if I do enter the country, I might be flagged for not meeting the obligation and then would start my PR Revocation Assessment/Hearings.

If I make it to Canada before 24 Jan I am under the 1095 days out of 5 years. So I would be fine. However, due to covid and me being the sole caregiver of my mother, I might not be able to make it by January. The pandemic stretch has depleted all my savings and it would be unwise of me to leave for Canada under the financial constraint and put my mother's health and well-being in jeopardy.

I have also read that the PR card expiry doesn't matter. However, I need to ask my question to really be sure, even if it may seem redundant. My PR card is valid for 5 years + 5 months. If let's say I was able to leave for Canada in April 2021 instead of January 2021, I would have the opportunity to secure myself financially. But I would be over 1095 days outside of Canada, yet I would still have 730 days to complete my PR Residency Obligation before my 'card' expires.

What is the last possible date I could travel to Canada without risking being flagged for not fulfilling my Residency Obligation? I have only completed 5 days in Canada during my landing process.

Also, this is probably insignificant information for my case. But I have lived in Canada for over 8 years previously and also hold a 4-year University degree there. So PR residency obligation and my Citizenship requirement are both 730 days.

 

[Bs65]

So you in part answered your own question 'PR card expiry does not matter'. PR card validity is not relevant at all to the residency obligation it just means whilst it is valid you can still travel to Canada.

The residency obligation is based on the initial landing date, in your case 24 Jan 2018 so you need to be in Canada January 2021 and then stay put for 2 years through January 2023. After Jan2023 the 5 years becomes a rolling 5 years so each time you enter the country you need to be able to show 2 years residency in the 5 years before each new entry.

If you come back Apr 2021 then you would need to stay put until April 2023, this has nothing to do with card expiry, just the days you need to be in the country to reset the RO although you should not attempt to renew a card until back in compliance.

There is of course no way to predict whether anyone gets reported or not other than longer leave it then the odds increase although the longer COVID goes on it is possible CBSA focus may well be more on protecting Canadas borders from COVID as opposed to people failing the RO by months. If your reason for being caregiver to mother delayed your return then you could maybe be prepared with proof as backup to use as H&C reason if it even came to that. So far there does not seem to be any published leniency for people failing the RO out of the country due to COVID

Standard advice for anyone in your position is to only answer questions asked by CBSA honestly and not to volunteer anything extra

Your previous residency as a student or any other status not relevant for the PR RO, only the time from when you became a PR. Sure for citizenship you could claim any time before becoming a PR at the rate of one half day for every complete day upto maximum 1 year credit. However this only works in the 5 years at the time before applying for citizenship so by the time you are back in RO compliance this temporary residence would not be any use.

See here a positive story about someone with failed RO and expired card.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/ro-is-not-met-easy-option-to-renter-without-a-valid-pr-card.689468/page-2#post-8984580

 

[YvesLaLune]

So you in part answered your own question 'PR card expiry does not matter'. PR card validity is not relevant at all to the residency obligation it just means whilst it is valid you can still travel to Canada.

The residency obligation is based on the initial landing date, in your case 24 Jan 2018 so you need to be in Canada January 2021 and then stay put for 2 years through January 2023. After Jan2023 the 5 years becomes a rolling 5 years so each time you enter the country you need to be able to show 2 years residency in the 5 years before each new entry.

If you come back Apr 2021 then you would need to stay put until April 2023, this has nothing to do with card expiry, just the days you need to be in the country to reset the RO although you should not attempt to renew a card until back in compliance.

There is of course no way to predict whether anyone gets reported or not other than longer leave it then the odds increase although the longer COVID goes on it is possible CBSA focus may well be more on protecting Canadas borders from COVID as opposed to people failing the RO by months. If your reason for being caregiver to mother delayed your return then you could maybe be prepared with proof as backup to use as H&C reason if it even came to that. So far there does not seem to be any published leniency for people failing the RO out of the country due to COVID

Standard advice for anyone in your position is to only answer questions asked by CBSA honestly and not to volunteer anything extra

Your previous residency as a student or any other status not relevant for the PR RO, only the time from when you became a PR. Sure for citizenship you could claim any time before becoming a PR at the rate of one half day for every complete day upto maximum 1 year credit. However this only works in the 5 years at the time before applying for citizenship so by the time you are back in RO compliance this temporary residence would not be any use.

See here a positive story about someone with failed RO and expired card.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/ro-is-not-met-easy-option-to-renter-without-a-valid-pr-card.689468/page-2#post-8984580

Thank you so much for your detailed response! I appreciate your thoroughly written answer regardng my circumstance.

Follow up question, regarding the last paragraph in your reply;

Am I understanding it correctly that, In order to have my time spent for education counted towards the max 1-year credit, my education should be within the last 5 years before the application for Citizenship? So if I've done my education between 2008-2012, it would not be counted towards citizenship anyway because it's outside the five-year period?

 

[Buletruck]

Thank you so much for your detailed response! I appreciate your thoroughly written answer regardng my circumstance.

Follow up question, regarding the last paragraph in your reply;

Am I understanding it correctly that, In order to have my time spent for education counted towards the max 1-year credit, my education should be within the last 5 years before the application for Citizenship? So if I've done my education between 2008-2012, it would not be counted towards citizenship anyway because it's outside the five-year period?

That would be correct. It well beyond the previous 5 years.

 

[abdullah.bd]

Hello

Hi Guys,

Thanks in advance for your help and consideration!

I have had my PR Status since 24 Jan 2018 and my PR Card expires on 26 Jun 2023. As I understand it, my PR 'card' is valid for 5 years & 5 months. I have plans to return to Canada in January 2021 to complete my residency obligation of 730 days in Canada.

I am aware that the PR 'status' is not expirable and I can still enter the country even if I don't meet the 2 of 5 years requirement. I am also aware that even if I do enter the country, I might be flagged for not meeting the obligation and then would start my PR Revocation Assessment/Hearings.

If I make it to Canada before 24 Jan I am under the 1095 days out of 5 years. So I would be fine. However, due to covid and me being the sole caregiver of my mother, I might not be able to make it by January. The pandemic stretch has depleted all my savings and it would be unwise of me to leave for Canada under the financial constraint and put my mother's health and well-being in jeopardy.

I have also read that the PR card expiry doesn't matter. However, I need to ask my question to really be sure, even if it may seem redundant. My PR card is valid for 5 years + 5 months. If let's say I was able to leave for Canada in April 2021 instead of January 2021, I would have the opportunity to secure myself financially. But I would be over 1095 days outside of Canada, yet I would still have 730 days to complete my PR Residency Obligation before my 'card' expires.

What is the last possible date I could travel to Canada without risking being flagged for not fulfilling my Residency Obligation? I have only completed 5 days in Canada during my landing process.

Also, this is probably insignificant information for my case. But I have lived in Canada for over 8 years previously and also hold a 4-year University degree there. So PR residency obligation and my Citizenship requirement are both 730 days.

Hello, I am also in the same situation ....in fact, my situation is worse. My card expiry date is 22 July 2022 but as I could not return to Canada in time for similar circumstances as you. Now I am planning to get on 15th December 2020. That means I will not be able to fill up my residency obligation of 720 days.
And after entering Canada I will have to apply for family sponsorship for my younger daughter and after her acceptance, my wife and older daughter can return to Canada with my younger one.
Now in these circumstances, what should I do? Will the authority consider COVID and other family issues for renewing the PR status?
What legal issues I may face in the future? How I should prepare myself to face that?

 

[Buletruck]

If you aren’t in compliance with the RO, you shouldn’t attempt to sponsor your daughter until you are. It will likely trigger a residency review and ultimately could lead to you loosing your PR for residency obligation.
To date, there has been no indication of an official policy regarding Covid as an exception to RO.

 

[primaprime]

Hello


Hello, I am also in the same situation ....in fact, my situation is worse. My card expiry date is 22 July 2022 but as I could not return to Canada in time for similar circumstances as you. Now I am planning to get on 15th December 2020. That means I will not be able to fill up my residency obligation of 720 days.
And after entering Canada I will have to apply for family sponsorship for my younger daughter and after her acceptance, my wife and older daughter can return to Canada with my younger one.
Now in these circumstances, what should I do? Will the authority consider COVID and other family issues for renewing the PR status?
What legal issues I may face in the future? How I should prepare myself to face that?

You can't sponsor any family members until you're in compliance with your residency obligation. There is no formal exception for COVID so every case is different. If you were already out of compliance before the pandemic, however, I wouldn't expect much leniency.

 

[canuck78]

Hello


Hello, I am also in the same situation ....in fact, my situation is worse. My card expiry date is 22 July 2022 but as I could not return to Canada in time for similar circumstances as you. Now I am planning to get on 15th December 2020. That means I will not be able to fill up my residency obligation of 720 days.
And after entering Canada I will have to apply for family sponsorship for my younger daughter and after her acceptance, my wife and older daughter can return to Canada with my younger one.
Now in these circumstances, what should I do? Will the authority consider COVID and other family issues for renewing the PR status?
What legal issues I may face in the future? How I should prepare myself to face that?

You should change your ticket asap so you are compliant with your RO.