How are the 730 days to meet the residency requirement counted?

[eb246]

I represented my mother and applied for a travel document for her as her PR card expired while abroad. According to our calculations she had 736 days. I calculated them as described in the CIC instructions pasted below:

"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." (Emphasis added)

Rome office denied travel document and calculated the days from the time of the travel doc application. Are they being sneaky here? As a matter of law they are doing things contrary to what they instruct people. I saw from other posts that that's what they do.

My Q: Anyone challenged the way days are calculated? Canadians are revengeful people.

I had also added compassionate grounds as my mother doesn't have any close family outside Canada and not being able to come back would mean a forced abandonment of an 83 year old who also has mobility issues. This also wasn't enough grounds for them to issue doc on humanitarian grounds.

Any advise if we should appeal by ourselves or there's need for a lawyer at this stage?
Your feedback highly appreciated.

 

[scylla]

Your mother needed to have at least 730 days in Canada in the five years immediately preceeding the date she applied for the Travel Document. If she did not have at least 730 residency days in the five years immediately preceeding her TD application, then the TD was correctly denied. (The obligation is a rolling obligation - meaning that at any time you must be able to look back at the previous five years and have spend at least 730 days of that time physically in Canada.)

To qualify under H&C you must show evidence that something prevented you from staying in or returning to Canada to meet the residency obligation. For example, someone who became very sick and was hospitalized in their home country and unable to travel for a long period of time could show hospital records and doctors notes as proof. What you provided was unfortunately not an H&C reason for failing to meet the residency obligation. If there is a reason why your mother could not leave her home country to fulfill the residency obligation and you have proof to back up this reason - then you might be able to use this information to appeal.

 

[scylla]

"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." (Emphasis added)

Question: The rule you quoted is only for people who have been PRs for less than five years. When did your mother become a PR? Was it less than five years ago?

 

[zardoz]

I represented my mother and applied for a travel document for her as her PR card expired while abroad.

Question: The rule you quoted is only for people who have been PRs for less than five years. When did your mother become a PR? Was it less than five years ago?

Given that the PR Card had expired, the answer MUST be "No" and therefore this clause doesn't apply.

 

[scylla]

Given that the PR Card had expired, the answer MUST be "No" and therefore this clause doesn't apply.

Ah - I missed that. Agreed - the quoted rule doesn't apply to his mother.

 

[osamaamany]

Dear All,

In the renew application for PR in question number 21 (Travel History) Have you traveled or lived outside of Canada in the last (5) years (or if you become a permanent resident less than 5 years ago, since becoming a permanent resident) Include all absence (including those related to employment, vacations, trips to US and any other time you left Canada.

Then it ask you to say yes or no and to list all your absence (period to be assessed) From YYYY/MM/DD to YYYY/MM/DD.

My question is the period to be assessed is optional ? I mean if I am a PR since 2011 but i don't want to be assessed on the recent period and want to fill all my absence from Jan. 2011 till Dec. 2013 which will cover at least 3 years and I cover much more than the required 730 days as a resident obligation then it will work or (The period to be assessed ) is compulsory to be from the date I become PR Jan. 2011 till today ?

 

[Lammawitch]

No the period to be assessed is not optional!

Yours would be from the date you landed in January 2011 to today (if today is the day you are applying to renew your PR card