Leon and Msrafi Questions regarding 730 days in 5 years time

[JNB]

Hi ,
We came on 4th Sept. 2008 , stayed in Canada until 16th Oct. 2008 and went back . Than we came back on 25th Sept 2011 after that until now I have many exits and entries to Canada . I submitted my PR renewal on 27th Sept 2013 without knowing this 730 days in 5 years that I have to calculate it starting from 27th Sept 2008. If I count my days from 4th Sept. 2008 accordingly I have 745 days but if I calculate starting from 27th Sept 2013 it will be 729 days . I didn't knew that I can apply later as well I thought as my card is getting expired on 10th Oct, so better to apply.

I got a RQ regarding my no of days now what should I do should I count and write the days starting from 4th Sept 2008 .

Please advise.

Thanks.

 

[Leon]

Have you already figured in that any part of a day spent in Canada counts as a full day? Each of your trips, both of the days you travelled would count as days in Canada. Do you then have enough?

 

[Msafiri]

The 5 year window that is examined by CIC is that back from the date you signed the application which is Sep 27th, 2013 so back to Sep 27th, 2008. For your current PR renewal application any days that you are present in Canada prior to or after the 5 year window don't count. Re-calculate your days given Leon's heads up that any day or part day that you are physically in Canada counts as 1 full day in Canada.

If you don't get 730 days then withdraw the application unless you either have:

(i) Humanitarian and Compassionate reasons for your absences - e.g taking care of a terminally ill relative. Employment or any other lifestyle choice reason doesn't cut it.

(ii) an allowable exemption e.g accompanying a Canadian Citizen spouse, working full time on assignment for a bona-fide Canadian Company in accordance with the rules not some mom and pops set up to avoid the RO, serving in the armed forces etc.

 

[JNB]

Hello everyone,

Thanks for your support and guidance. I am pleased and confused at the same time....pleased because my kids PR card got approved and sent to the local office, confused because still no news on my PR card status. Is it a normal procedure that kids PR card get approved faster than parents in regards to my situation discussed earlier.

Your feedback will be appreciated, I am just wondering should I wait or send them a request to speed up my process.

Thanks.

 

[Msafiri]

Did they meet the RO or same shortfall in days? What about the other parent?

 

[JNB]

Thanks for the reply. Yes they have got more number of days then me. My spouse also put his renewal documents bur its on H&C grounds as he has not stayed here for 730 days.

 

[Msafiri]

Its possible for an application that has no issues to be processed and a PRC issued within the timelines...your kids meet the RO whereas you don't. Out of curiosity unless you had left the kids in the care of someone in Canada you would be ok with the day count...is this the case? You will likely in the end get the PRC as you are right at the limit (729 days) and the kids getting the PRCs is a positive sign but its going to be at CIC's no routine pace.