Last 5 years or 5 years when PR received?

[dido123]

Hello All,
I want to know one can get prtd if he stayed in Canada 730 days last 5 years or 5 years when PR received?
Pancanadian immigration law group stated that 5 years when pr recieved is that true?
Thank you

 

[Leon]

Hello All,
I want to know one can get prtd if he stayed in Canada 730 days last 5 years or 5 years when PR received?
Pancanadian immigration law group stated that 5 years when pr recieved is that true?
Thank you

If he has been a PR for 5 years or longer, they will look at the 5 years preceding his application for a PR TD.

If he has not yet been a PR for 5 years, they will check if he already met the 730 days after gaining his PR or if he still could before his first 5 years as a PR are up.

 

[kyu010170]

Hi Leon,

I am confused. Kindly help clarify. My question is related to the above thread.

I became PR on 10/5/2010. Thus, 5 years after I became PR falls on Oct. 4, 2015. Due to a medical emergency (hysterectomy by next week) on the part of my wife who is also PR, I won't be able to meet residency obligation of 2 out of 5 years.

On Oct. 4, 2015, I would have completed only 715 days (not 730 as required for RO). If I stayed in Canada through Oct. 19, 2015, then I would have banked 730 days (albeit beyond 5 yrs of landing). May I apply for PR card renewal at this point?

Thank you in advance.

 

[Leon]

Hi Leon,

I am confused. Kindly help clarify. My question is related to the above thread.

I became PR on 10/5/2010. Thus, 5 years after I became PR falls on Oct. 4, 2015. Due to a medical emergency (hysterectomy by next week) on the part of my wife who is also PR, I won't be able to meet residency obligation of 2 out of 5 years.

On Oct. 4, 2015, I would have completed only 715 days (not 730 as required for RO). If I stayed in Canada through Oct. 19, 2015, then I would have banked 730 days (albeit beyond 5 yrs of landing). May I apply for PR card renewal at this point?

Thank you in advance.

If you apply to renew your PR card on October 19th 2015, they will only look at the five year period preceding that date so if you meet the RO, your PR card will be renewed.

However, keep in mind that they will not consider a period longer than 5 years, say from your landing date until October 19th so as you continue your stay in Canada, the days you stayed right after your landing move outside the 5 year window and do no longer count towards the RO.

You can only apply to renew when you have 730 days or more in Canada in the previous 5 year period.

I would also give a bit of a buffer and apply with a bit more days, say 745 or more.

 

[kyu010170]

If he has been a PR for 5 years or longer, they will look at the 5 years preceding his application for a PR TD.

If he has not yet been a PR for 5 years, they will check if he already met the 730 days after gaining his PR or if he still could before his first 5 years as a PR are up.

Thank you for your reply Leon.

I quoted your previous reply above and it is my understanding that your statement 1 will apply to me should I renew my PR card after logging in 730 days which I have calculated to fall on Oct. 27, 2015 (my 5th year of landing ends on Oct. 4, 2015), is this correct?

Also, in the unfortunate event I get reported upon re-entry at the airport and I receive a letter asking me to leave Canada, I will be filing an appeal which I understand will take more than a few months to process. What will my status be pending appeal? I ask this because I want to know whether I can work or not.

Thanks again.

 

[Leon]

Thank you for your reply Leon.

I quoted your previous reply above and it is my understanding that your statement 1 will apply to me should I renew my PR card after logging in 730 days which I have calculated to fall on Oct. 27, 2015 (my 5th year of landing ends on Oct. 4, 2015), is this correct?

Also, in the unfortunate event I get reported upon re-entry at the airport and I receive a letter asking me to leave Canada, I will be filing an appeal which I understand will take more than a few months to process. What will my status be pending appeal? I ask this because I want to know whether I can work or not.

Thanks again.

If you definitely have more than 730 days in Canada between Oct. 28, 2010 and Oct. 27, 2015, you can apply to renew then.

If you get reported on entry, you should appeal. You still keep your PR while the appeal is being processed. You can even renew your PR card for 1 year at a time while the appeal is being processed. It can take 1-2 years for the appeal to get processed. If you lose the appeal, you would lose your PR and be asked to leave Canada but your wife could sponsor you for PR again. If you win the appeal, you keep your PR and don't have a problem.

 

[kyu010170]

If you definitely have more than 730 days in Canada between Oct. 28, 2010 and Oct. 27, 2015, you can apply to renew then.

If you get reported on entry, you should appeal. You still keep your PR while the appeal is being processed. You can even renew your PR card for 1 year at a time while the appeal is being processed. It can take 1-2 years for the appeal to get processed. If you lose the appeal, you would lose your PR and be asked to leave Canada but your wife could sponsor you for PR again. If you win the appeal, you keep your PR and don't have a problem.

Thanks once again Leon for your advise.

Has it ever happened that a PR card renewal was refused (assuming the PR does not get reported upon re-entry into Canada) because the CIC strictly applied the rule of 730 days in the first 5 years as PR? I mean, that is the law, right? And so I am wondering why CIC would allow the first 5 year window to slide just to accommodate the PR's need to meet 730 days RO?

Like in my case, my 5th year anniv as PR falls on Oct. 4, 2015 and by that date I would have earned only 715 days. Strictly speaking (and without resorting to H&C to plead my case) I am supposed to have not meet RO. I am happy to know that I can apply to renew starting Oct. 27, 2015 when I would have earned 730 days, but why allow the 5-year window to slide and be stretched to Oct. 27th when it should have ended already by Oct. 4th?

I am happy that there is this chance, but I am very curious why CIC allows this to happen.

 

[Leon]

Thanks once again Leon for your advise.

Has it ever happened that a PR card renewal was refused (assuming the PR does not get reported upon re-entry into Canada) because the CIC strictly applied the rule of 730 days in the first 5 years as PR? I mean, that is the law, right? And so I am wondering why CIC would allow the first 5 year window to slide just to accommodate the PR's need to meet 730 days RO?

Like in my case, my 5th year anniv as PR falls on Oct. 4, 2015 and by that date I would have earned only 715 days. Strictly speaking (and without resorting to H&C to plead my case) I am supposed to have not meet RO. I am happy to know that I can apply to renew starting Oct. 27, 2015 when I would have earned 730 days, but why allow the 5-year window to slide and be stretched to Oct. 27th when it should have ended already by Oct. 4th?

I am happy that there is this chance, but I am very curious why CIC allows this to happen.

It is in immigrations own rules that if they did not catch and report the person at a time that they did not meet the RO, they can only look at the 5 year period preceding their application and no other period.

You can read about this here:

http://www.cic.gc.ca/English/resources/manuals/op/op10-eng.pdf on page 12:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.

They are not stretching the window because stretching it would mean that they would consider the period from your landing until October 27th which is more than 5 years and they don't to that. Instead, they slide or move the window in time. The rules on RO state that if you have been a PR less than 5 years, they consider the first 5 years of your PR, if you already have or still can meet the RO for that period. If you have been a PR for more than 5 years, the only period they can look at is the previous 5 years so if they don't catch you and time passes, the window slides forward to a time you meet the RO and you can then apply to renew.

 

[kyu010170]

Seems the key is for me to get in without being reported.

Many, many thanks Leon for your valuable help