OBLIGATION DATE CALCUATION

[lookinggood21]

Hi,
I became a PR in Oct 2005 and applied for renewal in August 2010 to be ready for the expiry date in Oct 2010. As of my renewal application date in Aug 2010, I stayed over 740 days from Aug 2005 to Aug 2010. However the renewal was rejected and a notice informing that my PR was expired. I applied for a travel document in Nov 2010 to Canada from abroad, this application was also rejected. However in Feb 2011, a PR card valid for one year arrived my home in Canada by mail, and I could get to Canada with that PR card.
1. Can you help me with how Canada government calculates the days? Is it from the date of my original PR in Oct 2005 to Oct 2010? or from Aug 2005 to Aug 2010, when I applied for renewal?
2. With my one year PR Card, I think I have to renew it. In case of this renewal, how should I calculate the obligation days?
3. What's the meaning of rolling? If I get a PR card renewed with 5 year validity, let's say Oct 2015, am I required to stay in Canada another 730 days from Oct 2010 to Oct 2015? or during any 5 years whenever I enter Canada?

 

[Leon]

It is a rolling 5 year period so on any given day, you must be able to look back at the previous 5 years and say that you spent at least 730 days in Canada.

It is not enough to qualify to renew the PR card and then not think about it for another 5 years. If you lose that PR card, you would have to apply for a travel document and if you don't meet the residency requirements then, you might not get it.

To play it safe this time, let the 1 year card expire but stay in Canada until you meet the residency requirements again. Then apply to renew.

 

[Alabaman]

As of my renewal application date in Aug 2010, I stayed over 740 days from Aug 2005 to Aug 2010. However the renewal was rejected and a notice informing that my PR was expired.

If you stayed for over 740 days why was your application to renew your PR rejected?

 

[Leon]

He said he counted his 5 year period from Aug 2005 to Aug 2010 but he only became PR in Oct 2005 so if some of his 740 days was between Aug 2005 and Oct 2005, he may have counted 60 days when immigration looks at time before PR at 50% less and counts 30 days so he may actually have had 710 days when he applied instead of 740

 

[lookinggood21]

Re: OBLIGATION DATE CALCUATION, lawyer for appeal?

Thanks for your kind explanation. Awesome!
One more question is whether I have to hire a lawyer to appeal my original renewal application submitted in Aug 2010, which was originally rejected but approved later for an one year extension instead of 5 years.
I wonder whether I have to hire a lawyer or not at this moment. what could be your advice?

 

[Leon]

I would be interested to know what kind of PR card you got that is only valid for one year. I did not know that something like that existed. Was it perhaps a travel document valid for one year? Does the card look like a normal PR card? Do you have any notices stating that you have lost your PR status?

They examine people for meeting the requirements when they apply for travel documents, apply to renew PR cards or sometimes as they enter Canada. When you are staying in Canada minding your own business and not going anywhere or applying for anything, you are normally safe. According to immigration own rules, they may not go further back in time than 5 years when they are examining. Therefore, if you know that you do not meet the requirements but they haven't actually revoked your PR status, just stay in Canada and let your card expire. There is no law that states that you must have a valid PR card at all times. Wait until you have 730 solid days in Canada in the previous 5 year period and then apply to renew. As long as you still have your PR status, staying for 730 days before applying to renew will work for you, see

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.