Losing PR status outside Canada due to residency requirements

[hmanso02]

I have been a PR of Canada since May 2018. I have spent about a little more than 1 year total in Canada since then and today. I plan on returning in May this year. I am not sure about the how the residency requirement is supposed to work but at the time of arrival, do I need to prove that I will be able to meet the residency obligation? here is my travel history:

May 2018 - May 2019: 20 days in Canada
May 2019 - may 2020: 0 days in Canada
May 2020 - May 2021: 350 days in Canada
May 2021 - May 2022: 0 days in Canada
May 2022 - May 2023 (PLANNED): 365 days in Canada.

Am I in trouble meaning have I already lost my status?

thanks!

 

[armoured]

I have been a PR of Canada since May 2018. I have spent about a little more than 1 year total in Canada since then and today. I plan on returning in May this year. I am not sure about the how the residency requirement is supposed to work but at the time of arrival, do I need to prove that I will be able to meet the residency obligation? here is my travel history:

May 2018 - May 2019: 20 days in Canada
May 2019 - may 2020: 0 days in Canada
May 2020 - May 2021: 350 days in Canada
May 2021 - May 2022: 0 days in Canada
May 2022 - May 2023 (PLANNED): 365 days in Canada.

Am I in trouble meaning have I already lost my status?

thanks!

It looks like you will be in compliance, barely.

The easier way to calculate (in my opinion) is that if you have been OUT of Canada more than 1095 days in the last five years (or from date of landing), you are not in compliance. [Note, this is just an arithmetic re-arrangement of the rules as written: 730 days min in Canada in five years == max 1095 days out of Canada in five years (5*365 - 750). The only advantage is you don't have to figure out prospective days in future, just count days out of Canada.]

The way I read your dates, if you return in May, you will only have been out of Canada about ~1090 days.

You have to do your own math though - you've rounded off such that all one can do is take your word for it.

If this is correct (and it says basically the same as your calc), it is obviously close but there. VERY IMPORTANT to check actual dates - note any day partly in canada counts as a day.

Of course, this means remaining in Canada until you are in compliance.

When you arrive, you should be okay - you can explain briefly why you were away so much (just tell the truth) and that your plan is to stay. Regardless, if your numbers are right (have the calcs with you), you will not be in any trouble.

 

[armoured]

THis sub-forum is mostly dedicated to these issues:
https://www.canadavisa.com/canada-i...rd/forums/permanent-residency-obligations.11/

 

[hmanso02]

It looks like you will be in compliance, barely.

The easier way to calculate (in my opinion) is that if you have been OUT of Canada more than 1095 days in the last five years (or from date of landing), you are not in compliance. [Note, this is just an arithmetic re-arrangement of the rules as written: 730 days min in Canada in five years == max 1095 days out of Canada in five years (5*365 - 750). The only advantage is you don't have to figure out prospective days in future, just count days out of Canada.]

The way I read your dates, if you return in May, you will only have been out of Canada about ~1090 days.

You have to do your own math though - you've rounded off such that all one can do is take your word for it.

If this is correct (and it says basically the same as your calc), it is obviously close but there. VERY IMPORTANT to check actual dates - note any day partly in canada counts as a day.

Of course, this means remaining in Canada until you are in compliance.

When you arrive, you should be okay - you can explain briefly why you were away so much (just tell the truth) and that your plan is to stay. Regardless, if your numbers are right (have the calcs with you), you will not be in any trouble.

thank you! I understand that I am really close. however, I can change plans and leave as soon as next week (April 19th), which will give me a slightly wider window. Do you think that is what I should do? Thanks again for the answer!

 

[armoured]

thank you! I understand that I am really close. however, I can change plans and leave as soon as next week (April 19th), which will give me a slightly wider window. Do you think that is what I should do? Thanks again for the answer!

Only you can decide that. My personal opinion is that having some extra buffer helps - sometimes significantly - particularly when 'things come up.'

I will note: the advantage to arriving with extra days is not really that it will 'save' your PR status in the immediate - it removes the risk however. (In practice they are often somewhat lenient about being slightly out of compliance.)

BUT: where it becomes helpful down the road is that while in compliance with some extra days, you can travel in future without worrying. (Obviously up to limits of compliance). YOu'll be able to renew your PR card earlier (again - future travel less problematic).

It seems to also make sponsoring family members much easier (there are disagreements here about whether being out of compliance outright means you cannot sponsor, or whether such cases seem to be processed much .... more .... slowly).