Hi, I hope you have renewed your PR smoothly. I have an inquiry: in order to renew PR, you need to stay in Canada for at least 730 days within the past 5 years. This is stated in the government website. But how to calculate this "5 years" period? I registered my PR on 21 July 2017, but the card expiry date is 21 September 2022 as stated in the card.
For this case, how to calculate the "5 years" period? Is it from the date of registration or I just need to stay there for at least 730 days until 21 September 2022?
Dates on the PR card are NOT relevant in calculating compliance with the PR Residency Obligation.
For someone who has been a PR less than five years (less than five years since the date the PR landed):
If it has been less than five years since the date you landed (the date you became a Permanent Resident), the easiest way to calculate is to count days absent (days outside Canada). As long as the total number of days absent is less than 1095 you are in compliance with the PR RO. If at any time the total number of days you are outside Canada since the date of landing exceeds 1095 that is a BREACH of the RO. (Once a PR is absent more than 1095 days there are NOT enough days left in the first five year period to meet the 730 day obligation.)
As of the fifth year anniversary of the landing date:
If it has been five years since the date you landed, the relevant five year period is always the immediately preceding five years.
Thus, for example, upon arriving at the PoE to return to Canada, on that day the relevant time period is the five years immediately preceding that day.
For another example, if an application is made for a PR Travel Document or for a new (renewed) PR card, the relevant time period is the five years immediately preceding the date that application is made (date it is signed and sent).
For another example: even if the PR has applied for and been issued a new PR card good for another five years, the next time this PR arrives at a PoE to return to Canada the PR needs to be in compliance with the RO based on the five years immediately preceding that day, the date of arrival at the PoE . . . which is to say even with a new PR card, the PR needs to have been present in Canada 730+ days within the immediately preceding five years.
ALWAYS! (Subject to special credits.)
CUTTING-IT-CLOSE CAUTION:
The 730 days in five years is the
MINIMUM and that minimum is intended to facilitate unusual contingencies or emergencies. The purpose of the grant of PR is so the individual can SETTLE and LIVE in CANADA PERMANENTLY. Many, many PRs make the mistake of approaching the minimum obligation without due regard for the actual purpose of being given this status. And they run into various sorts of difficulties as a result.
Bottom-line:
Cutting-it-close is RISKY. As a practical matter those who
cut-it-close often run into practical difficulties and end up falling short. BUT
cutting-it-close is also RISKY because the PR has the burden of proving compliance and when the PR has been outside Canada more than in Canada, IRCC can challenge the PR's proof, and more than occasionally this happens.
In this regard it should be remembered that proof of a date of entry into Canada does NOT directly prove presence the next day or next week, let alone the next month. An inference of presence up to the next reported date of exit may be appropriate, but that depends on other supporting evidence . . . and for the PR who has been outside Canada more than in Canada, any inference of presence can be weakened by the reasonable inference that in the absence of direct proof a person is more likely to be where he or she was most of the time, so if most of the time the PR was outside Canada, that can lead to an inference the PR was outside Canada days the PR does not directly prove actual presence. (To quote a Denzel Washington character:
It's not what you know, it's what you can prove.)
This forum is rife with tales of woe told by PRs who have been surprised when they ran into problems getting a new PR card because they had been outside Canada more than in Canada (that is, in Canada roughly less than 900 days). Way too many examples here of PRs who return to Canada just barely in time to technically meet the MINIMUM obligation who then complain about being stuck in Canada when their PR card renewal is hung up in lengthy Secondary processing, as if it was IRCC's fault they were pushing the envelope.