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Pemanent Residency Obligation - how to calculate the days

ImenRtb

Member
Jun 16, 2016
10
0
Hi all,

I know that we have 730 days to comply the residency obligation out of 5 years. But does this have to be continuously?
Exemple, if for the first year I stay 4 months in Canada and then leave for 2 months and back again to Canada for 4 months and leave again for 2 months, is that working? Does this mean I spent already 8 months which means 120 days in the first year and still have 610 days to comply during the next 4 years? :'(

Don't know if this is clear enough? ::)

Thank you! :)
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
ImenRtb said:
Hi all,

I know that we have 730 days to comply the residency obligation out of 5 years. But does this have to be continuously?
Exemple, if for the first year I stay 4 months in Canada and then leave for 2 months and back again to Canada for 4 months and leave again for 2 months, is that working? Does this mean I spent already 8 months which means 120 days in the first year and still have 610 days to comply during the next 4 years? :'(

Don't know if this is clear enough? ::)

Thank you! :)
The days in Canada count toward compliance with the PR Residency Obligation without regard to the pattern of absences and presence. A week long visit to Canada counts as a week in Canada, even if that was the only time spent in Canada during a calendar year.

The easiest way to self-calculate the range of permitted absences in the first five years is to make sure the total number of days spent outside Canada, during the first five years and since the date of landing, do not add up to 1095. If the total absences add up to 1095, as of that date the PR is in breach of the PR RO. (Thus, for example, a new PR who goes abroad soon after landing has up to three years to get back to and settle in Canada; even if the PR card itself is valid for another year or more; once the 1095 days of absence threshold has been passed, the PR is in breach of the PR RO and subject to loss of PR status).

Remember, however, cutting it close can have consequences and entails risks. PR status is specifically intended for individuals to permanently reside in Canada (this has been recognized in numerous official decisions by IAD panels and Federal Court justices). The PR RO is intentionally very flexible to accommodate a wide range of exigent circumstances which some immigrants encounter. It is not intended to facilitate part-time presence in Canada even though technically the PR RO can be met by living only part-time in Canada (just 40 percent of the time over the course of five years).
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
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ImenRtb said:
Hi all,

I know that we have 730 days to comply the residency obligation out of 5 years. But does this have to be continuously?
Exemple, if for the first year I stay 4 months in Canada and then leave for 2 months and back again to Canada for 4 months and leave again for 2 months, is that working? Does this mean I spent already 8 months which means 120 days in the first year and still have 610 days to comply during the next 4 years? :'(

Don't know if this is clear enough? ::)

Thank you! :)
There is no problem with your plan. Just make sure you keep good records of your travel dates. Keep your boarding cards and flight tickets if possible.

8 months per year means 40 months in 5 years which is more than enough. You only need 5 months per year to comply.