How do you prove you have been physicaly present in canada past 5 years? or is..

[canadav1]

or is it automatically done, when you are requesting travel document or entering through border by private vehicle (taxi is private?) with mine "Confirmation of Permanent Residence" due to expired pr card of course.

Do have to bring proof? if so what kind of proof? it done automatically?. what will they ask of me?

I left Canada in 2010 my card expired 2005 i think (does it matter?) i have been present in Canada for many years till 2010 therefore i have been physically present in Canada for the past 5 years.

 

[zardoz]

Depending when in 2010 you left, you might be cutting it close. You need 730 days in the last 1825 on a rolling day by day basis.

 

[canadav1]

close? its been 3 years of 5 since i was more then 730 days in Canada. so in 2010 i was physically present in Canada for more then 730 days. I left then the 5 year countdown starts from 2010, right? or am i wrong.
so of the last 5 years i spent 2 years in my precious Canada

 

[steaky]

so in 2010 i was physically present in Canada for more then 730 days.

The count down is from the date you apply for the renewal. So as of today, did you still physically present in Canada for more than 730 days in the past 5 years?

 

[canadav1]

i have been gone from Canada for 3 years. Since the question you asked if i was physically present for more then 730 days during the past 5 years. It would be yes, 2 years+

 

[zardoz]

In that case, get back to Canada as soon as possible and renew your PR card.
If you delay, any days at the beginning of the rolling 1825 day period will drop off the end and no longer be counted towards the rolling 730 day requirement to maintain your PR obligations. You will still have to keep adding fresh in-country days to replace them.

 

[Leon]

Right, the way it works is like this. When you apply to renew your PR card, they will look at if you have 730 days in the past 5 years. If you do, they will renew it. However, it is a rolling 5 year period so if you continue to stay outside Canada, your days stayed in 2008 etc. are already moving outside this 5 year window and you will soon not meet the requirements any more.

Some people think that the PR card periods are separate so that you have met the requirements for the past 5 years, you only have to worry about meeting it for the next 5 years. If this were true, you could stay outside Canada for 6 years, that is stay 2 years, leave for 3, renew PR card, leave again, stay outside for 3 and then come back for 2 at the end. However, this is not how it works. Once you have been a PR for more than 5 years, you must always meet the requirement for the past 5. Now that you have been outside Canada for 3 years, you must come back and stay for the next 2 in order to continue to meet the requirements. Your days stayed in 2008 are already moving outside this 5 year window.

If you renew your PR card now but do not move back to Canada, you risk that if immigration decides to examine you for some reason, for example when you enter with your PR card in a couple of years or if you lose it and must apply for a travel document, you will not meet the requirements in the past 5 any more and then you have a problem.

 

[Msafiri]

or is it automatically done, when you are requesting travel document or entering through border by private vehicle (taxi is private?) with mine "Confirmation of Permanent Residence" due to expired pr card of course.

Do have to bring proof? if so what kind of proof? it done automatically?. what will they ask of me?

I left Canada in 2010 my card expired 2005 i think (does it matter?) i have been present in Canada for many years till 2010 therefore i have been physically present in Canada for the past 5 years.

As has been pointed out the Residence Obligation (RO) is to have 730 days of physical presence in the 5 year rolling period prior to 'examination' for those who have been a PR for 5 or more years.

Examination refers to any action which reviews your RO e.g. PR Card renewal, spousal sponsorship, Port of Entry Examination. The 5 year rolling period means the review period moves forward by 1 day each day e.g. Today Wed April 10, 2013 RO review period is 5 years back to April 10, 2008. Any days you were in Canada prior to April 10, 2008 no longer count for RO purposes. Why did you not apply for citizenship if you were in Canada between 2005 and 2010.

If you can re-enter Canada without being reported then you need to stay for 730 days to get your PR back in good standing. Prior to this 730 days avoid any dealings with CIC. Re-entry has been discussed in several threads here so do some leg work. Its easier to enter via a land border crossing.

At each examination the burden of proof for claimed residence is on the applicant. You need to have a paper trail confirming your physical presence. Best evidence is employment in a job in Canada that requires you to show up frequently e.g. 5 days a week. Its got to be legit though..some people have 'jobs' at their friends/ relatives with no pay stubs/ cash in hand with no taxes paid...CIC ain't buying that. Any passive indicator of presence e.g credit card statement on its own doesn't cut it either as a friend or relative could be using it for you to pretend you are in Canada.

 

[canadav1]

Thank you Msafiri, for answering all my questions, i didnt renew it because i wasn't thinking about it. but i don't get it, I still have time don't i? to renew it, since i was in Canada for more then 2 years the past 5 years.
so i got 2 more years to go then i would have to come back and stay for 2 years.. about the employment how do you proof that when have your own business? is there another way to proof, i,e Medical visits, rent etc... do you know others options to proof your residency?

 

[Msafiri]

Thank you Msafiri, for answering all my questions, i didnt renew it because i wasn't thinking about it. but i don't get it, I still have time don't i? to renew it, since i was in Canada for more then 2 years the past 5 years.
so i got 2 more years to go then i would have to come back and stay for 2 years.. about the employment how do you proof that when have your own business? is there another way to proof, i,e Medical visits, rent etc... do you know others options to proof your residency?

Sorry it doesn't matter how many times you ask you won't get the answer you want. You are in breach of the Residence Obligation (RO) because you somehow think the 5 year RO review period starts from your departure date whereas all responses refer to a rolling period at the renewal application date - this as per Immigration and Refugee Protection Act.

But hey sure you can apply and when its rejected use your arguement and then come back to the forum and let us know how it went.

Proof of self employment and proof of residence are not necessarily the same...what is the nature of your business?

 

[canadav1]

I am not arguing, i am trying to understand, so you are saying the 5 year doesn't start after every 730 days i have been in Canada?

Like for example, i leave Canada in 2013 after being present for more then 730 days, how long can i be gone before i breach my RO requirement?

what business? variety store

 

[zardoz]

The 5 years period doesn't "start" anywhere.. It "ends" now, or whatever date you try and apply for either a PR card renewal or, if you are out of the country, a Travel Document. It's retrospective.

 

[Leon]

It is always the past 5 years. If you were to answer if you meet the residency requirements today, you would check the period from April 16th 2008 until today, April 15th 2013. If you have 730 days or more in Canada during that period, if you had to apply for a travel document, you would get it. If you happen to be in Canada and want to apply to renew your PR card, you would be asked if you have been outside Canada for 1095 days or more. If the answer is no, you would be able to renew.

They are not asking for 730 days in Canada in one stretch, it can be accumulated from many trips.

I do not know how to explain this to you any better but if you give your travel dates in and out of Canada since April 2008, I will calculate it for you.

 

[Hasher]

I am not arguing, i am trying to understand, so you are saying the 5 year doesn't start after every 730 days i have been in Canada?

Like for example, i leave Canada in 2013 after being present for more then 730 days, how long can i be gone before i breach my RO requirement?

what business? variety store

If your two years were here from April 2011 to April2013 you are good for another three years, but if you were in canada 15 April2008-15 April 2010. You Cannot be out of Canada even for a day.