Is my math correct

[Total]

landed March 11 2011

Settled permanently in Canada March 22 2014

Sent my application for renewal jam 9 2016

I am therefore applying less than 5 years

Am I to calculate fro date of landing mar 11 2011 to date of application jam 9 2016

I am reading the op manual but am finding it confusing

 

[Bs65]

landed March 11 2011

Settled permanently in Canada March 22 2014

Sent my application for renewal jam 9 2016

I am therefore applying less than 5 years

Am I to calculate fro date of landing mar 11 2011 to date of application jam 9 2016

I am reading the op manual but am finding it confusing

confused about your question. When you applied for renewal jan 2016 you appear to not have met the 730 day residency requirement from march 22 2014. So what is your exact question ?

 

[Leon]

landed March 11 2011

Settled permanently in Canada March 22 2014

Sent my application for renewal jam 9 2016

I am therefore applying less than 5 years

Am I to calculate fro date of landing mar 11 2011 to date of application jam 9 2016

I am reading the op manual but am finding it confusing

What matters here is if you met the RO when you sent your application in. The RO is staying in Canada 2/5 years or not being outside Canada more than 3/5 years which is the same thing basically. On your renewal application, you were asked if you had been outside Canada 1095 days or longer since you landed as a PR. If you had not, you would have been ok to apply.

 

[Total]

My question is since I had not been a Pr yet fora full 5 years do I start counting from date of landing to the date I signed the application.

In this case there is no rolling 5 year period yet

It seems logical that I would yet I have realized to never assume anything

 

[Leon]

My question is since I had not been a Pr yet fora full 5 years do I start counting from date of landing to the date I signed the application.

In this case there is no rolling 5 year period yet

It seems logical that I would yet I have realized to never assume anything

The RO for PR always starts at the day of landing and you have to meet it for the first 5 years after that and then the rolling 5 year period starts.

When you apply but haven't been a PR for more than 5 years, they check that you have not already spent 1095 days or longer outside Canada since your landing because that would mean you would be unable to meet the RO for the first 5 years. If you haven't, then you have either spent 730 days in Canada or you still can before you reach your 5 years so in that case, you still meet it.

 

[dpenabill]

I am therefore applying less than 5 years

Am I to calculate fro date of landing mar 11 2011 to date of application jam 9 2016

My question is since I had not been a Pr yet fora full 5 years do I start counting from date of landing to the date I signed the application.

The query is confusing because you ALREADY applied, so you have already completed the PR card application. Your calculation is done and has been submitted. That is, you already submitted your declaration of absences, and thus you already calculated and submitted (according to you) the total number of days you were absent during the relevant period of time.

And to be clear, the application specifically instructs the applicant to list ALL absences during the relevant period of time. The applicant specifies the period to be assessed. As Leon has clearly stated, that period is the time between the date of landing and the date the application is signed, unless the PR has had PR status five years or more, and then the period to be assessed begins exactly five years prior to the date the application is signed.

Assuming you properly completed the application, you listed all your absences since the date you landed, including the from and to dates for each one, location during the absence, and reason for being abroad, and the number of days for each respective absence. At the bottom of the column listing number of days you added the total number of days you were absent during the relevant period of time.

If that total was 1094 or less, you declared you were in compliance with the PR Residency Obligation.

If that total was 1095 or more, you applied short of meeting the PR RO.

Regardless the date you applied for the PR card, you must of course continue to be in compliance with the PR RO. Thus, as of today, May 22, 2016, you must have been present in Canada at least 730 days between May 22, 2011 and May 21, 2016 . . . or, same thing but put another way, so long as your absences between May 22, 2011 through May 21, 2016 are less than 1095 days, you are in compliance.

Note: If at time you applied for the card, you were absent more than 1000 days (but less than 1095), or perhaps even 900 days, you are in compliance with the PR RO, but given the extent of absences there is a higher risk you will be scrutinized more extensively than a lot of PR card applicants. Of course there are also other reasons why a particular PR might be scrutinized more extensively than a routine case.

 

[Total]

Yes and I'm being scrutinized as I got imm5511

I also got Absence Form to be completed to list all the dates I was physically out of Canada I have. Listed them all total 106o however there is a quite a few of those absences that I was accompanied by my spouse who is a Canadian citizen.

I have listed those dates on the immm5511 where I was accompanied by spouse


I assume this is right

Just not sure I those dates with spouse should go on Absence Form

 

[princessofdiamonds]

Im so confused ...

Didn't you post somewhere else you got reported and were appealing ?

 

[Total]

No definitely not me

 

[dpenabill]

Yes and I'm being scrutinized as I got imm5511

I also got Absence Form to be completed to list all the dates I was physically out of Canada I have. Listed them all total 106o however there is a quite a few of those absences that I was accompanied by my spouse who is a Canadian citizen.

I have listed those dates on the immm5511 where I was accompanied by spouse


I assume this is right

Just not sure I those dates with spouse should go on Absence Form

If you carefully read and follow the instructions, including what is stated for each item in the form, that should work. It should not be that difficult.

I am not familiar with IMM 5511 in particular, but I am confident it is very similar to the way part C. item 21 is structured in IMM 5444 (PR card application), and part D. Item 22 Situation 1 is structured.

In the application you do not complete Part D. unless you declared absences totaling 1095 days or more.

If IMM 5511 is indeed structured very similar to the application form, and you only declared 1060 days absence (total of 1060 days outside Canada), then you do NOT fill in the part about accompanying your spouse abroad. The application form clearly states that the information about accompanying a citizen spouse only needs to be filled out IF the total number of days outside Canada is 1095 or more.

No need to overthink or make things harder than they are. Follow the instructions carefully. IRCC will take it from there.

You can fill in the part for declaring absences accompanying a citizen spouse, if you want. Or attach a separate page explaining you also have been living together with your Canadian citizen spouse some of the time you were absent from Canada. But as long as the total number of days spent outside Canada is less than 1095 for the relevant time period, there is no need to pursue the exception for additional credit.


Note: the way that CIC approached giving credit for time abroad accompanying a citizen spouse, which is likely to still be how IRCC is approaching this, the key to that credit is that the couple be living together abroad. If the citizen spouse had a primary residence in Canada but spent extended periods of time with the PR abroad, I suspect that time might not be counted. The spouse is with the PR but perhaps the PR is NOT considered to be accompanying the citizen spouse for that time (which is essentially time the citizen spouse is visiting the PR abroad). I do not know for sure how this situation is approached, and it undoubtedly depends a lot on the particular facts and circumstances, but a month here, two or three months there, might not get credited.