Need Some Help to Ensure 730 Days Residency Obligation is Met

[whatchamamacallit]

Hello.

I am posting this on behalf of my parents. Here is their timeline:

1) Landed in Canada on 17-June-2018 and received PR Status from that day onwards. They stayed until 17-Nov-2018. They stayed in Canada for 153 days in this trip.
2) Arrived in Canada on 06-Feb-2021 and left on 27-July-2021. They stayed in Canada for 171 days in this trip.
3) Arrived in Canada on 22-March-2022 and left on 26-July-2022. They stayed in Canada for 126 days in this trip.
4) Arrived in Canada on 16-August-2022 and plan to leave on 31-January-2023. They will have stayed in Canada for 168 days in this trip.
5) Plan to Arrive to Canada on 21-Feb-2023 and leave on 16-Jun-2023 (exactly 5 years since first landing). They will have stayed in Canada for 115 days for this trip.

The total days they would have spent since 17-June-2018 would therefore be: 153+171+126+168+115 = 733.

Questions:

1) If they signed the PR Renewal Application and mailed it on 17-June-2023 before leaving Canada, would they be considered to have met the residency obligations? Or does the obligation need to be met from when the application is opened and processed?

2) The days calculated above do not include the the day they are flying out. For instance, 17-June-2018 to 17-Nov-2018 has 153 days between them, but is 154 days when adding the last day. Which is the proper number of days?

Any help or direction would be appreciated.

Thanks!

 

[armoured]

2) The days calculated above do not include the the day they are flying out. For instance, 17-June-2018 to 17-Nov-2018 has 153 days between them, but is 154 days when adding the last day. Which is the proper number of days?

This one I can answer confidently: any day they are in Canada, even for a minute, counts. (Pragmatically as long as there's some record of it). So yes, the days they flew out should be counted.

I can't answer your first confidently. I will say that this is a situation (cutting it close in terms of the actual days) where some things like the PR card expiry may be important. In short, there's a risk the processing of the PR card renewal would be held up, and if they are out of Canada, be asked to come pick the card up in person. And if they're out of Canada, probably quickly falling into non-compliance. Only way back possibly to apply for a PRTD, with dleayed processing and possibly a refusal.

A lot that could go wrong and not a lot of leeway or buffer.

 

[Buletruck]

Remember, if IRCC disputes any of the days in Canada, the onus is going to be on them to prove otherwise. It's really, really close.

 

[whatchamamacallit]

This one I can answer confidently: any day they are in Canada, even for a minute, counts. (Pragmatically as long as there's some record of it). So yes, the days they flew out should be counted.

I can't answer your first confidently. I will say that this is a situation (cutting it close in terms of the actual days) where some things like the PR card expiry may be important. In short, there's a risk the processing of the PR card renewal would be held up, and if they are out of Canada, be asked to come pick the card up in person. And if they're out of Canada, probably quickly falling into non-compliance. Only way back possibly to apply for a PRTD, with dleayed processing and possibly a refusal.

A lot that could go wrong and not a lot of leeway or buffer.

Thanks for the reply. Even if the PR card processing is delayed, wouldn't they eventually mail it to the address on file (which is in Canada), and I can then fly out and give it to them for them to return with? Or would they force them to come pick it up in person?

 

[whatchamamacallit]

Remember, if IRCC disputes any of the days in Canada, the onus is going to be on them to prove otherwise. It's really, really close.

Thanks for the reply. They have copies of their tickets to include with the application, along with the few times the passport has been stamped. Would that help?