Lost PR card while outside of Canada, should I apply for PR card immediately after entering Canada?

[majormelon]

Hi guys,

A bit of background on my situation, I became a PR in September 2021, I then travelled to Vietnam for work in February 2022 and realized that I lost my PR card.

I've already applied and received my PRTD and will be travelling back to Canada within this month.

My question is, upon returning to Canada, should I apply to have my PR card replaced immediately, or should I wait until I officially meet residency obligations before replacing my PR card?

My understanding is that, according to the Immigration and Refugee Protection Act,
to keep your residency obligation, "if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident"
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html?txthl=permanent+resident#s-28

So I believe I should meet the residency obligation, since I have become PR for less than 5 years, provided that I'm able to prove that I will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date I became a permanent resident, correct?

Appreciate your responses and let me know if you have come across a similar situation to this.

Thank you all in advance!

Edit: I actually meant to say that I have become PR for less than 5 years, not in Canada for less than 5 years. I first arrived in Canada in 2016.

 

[steaky]

Hi guys,

A bit of background on my situation, I became a PR in September 2021, I then travelled to Vietnam for work in February 2022 and realized that I lost my PR card.

I've already applied and received my PRTD and will be travelling back to Canada within this month.

My question is, upon returning to Canada, should I apply to have my PR card replaced immediately, or should I wait until I officially meet residency obligations before replacing my PR card?

My understanding is that, according to the Immigration and Refugee Protection Act,
to keep your residency obligation, "if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident"
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html?txthl=permanent+resident#s-28

So I believe I should meet the residency obligation, since I have been in Canada for less than 5 years, provided that I'm able to prove that I will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident, correct?

Appreciate your responses and let me know if you have come across a similar situation to this.

Thank you all in advance!

Unless the PRTD is multi-entry, I would apply to have it replaced immediately.

 

[armoured]

My question is, upon returning to Canada, should I apply to have my PR card replaced immediately, or should I wait until I officially meet residency obligations before replacing my PR card?

My understanding is that, according to the Immigration and Refugee Protection Act,
to keep your residency obligation, "if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident"
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html?txthl=permanent+resident#s-28

So I believe I should meet the residency obligation, since I have been in Canada for less than 5 years, provided that I'm able to prove that I will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident, correct?

The concept of 'meet' the residency obligation misstates how it works even if people refer to it that way informally. Your second / third paras here are the accurate part because of the 'will be able to meet.'

But it's even simpler than that, really: if you have been OUT of Canada LESS THAN 1095 days in the last five years (or since the day you became a PR, whichever is most recent), then you are IN COMPLIANCE. That's what matters. That's in fact what the form asks for, less than 1095 days.

[The act states this in more cumbersome terms, i.e. the 'will be able to meet'. But out of Canada LESS THAN 1095 days is just an arithmetic restatement of the same thing, and easier to count - you don't have to 'add in' future days, just account for how many days out of Canada.]

So simple question - answer the one on the form - if you have been out of Canada less than 1095 days since your landing date in 2021, you are still in compliance and can just apply for a replacement card.

 

[majormelon]

Unless the PRTD is multi-entry, I would apply to have it replaced immediately.

Thanks for the reply, my PRTD is single-entry.

I agree, I would prefer to have it replaced immediately. Just wanted to make sure that I meet the requirements before doing so.

The concept of 'meet' the residency obligation misstates how it works even if people refer to it that way informally. Your second / third paras here are the accurate part because of the 'will be able to meet.'

But it's even simpler than that, really: if you have been OUT of Canada LESS THAN 1095 days in the last five years (or since the day you became a PR, whichever is most recent), then you are IN COMPLIANCE. That's what matters. That's in fact what the form asks for, less than 1095 days.

[The act states this in more cumbersome terms, i.e. the 'will be able to meet'. But out of Canada LESS THAN 1095 days is just an arithmetic restatement of the same thing, and easier to count - you don't have to 'add in' future days, just account for how many days out of Canada.]

So simple question - answer the one on the form - if you have been out of Canada less than 1095 days since your landing date in 2021, you are still in compliance and can just apply for a replacement card.

I see, they could have worded that better for sure .

Yeah, I have been out of Canada for only ~910 days by the time I return to Canada. So I think I should be able to meet the requirements for a new card as you said. Thank you!