PR:2 yrs in 5 years;Citizenship:3 yrs in 4 years;HealthCard:5months in 12months

[Fani]

Hi,

Yes, i am confused.

Landed on October 05th 2014 in Ontario, Toronto.

Collected SIN paper.

Questions ( and answers as per my understanding, requiring your kind correction):
- What will be my PR card expiry date? (October 2019? that is 5 years)
- If I live outside Canada (suppose from very next day of my landing), What is the last date I must plan to start living in Canada to keep my PR card valid? (September 2017, that is 2nd last year of 5 years PRC expiry date)
- Will I have to proof my absence from October 2014 to September 2017? (I guess No, since I will have valid PR at POE)
- When do I meet the residency requirement? (October 2019, that is 2 yrs or 730 days of stay and 5th and last year of PRC expiry)
- When does the "Days required for citizenship" start?
(September 2017 - This is when i will start living in CA as permanent OR
October 2019 - This is when i meet residency requirement)
- When does my 4 years time limit for citizenship starts?
(September 2017 - This is when i will start living in CA as permanent OR
October 2019 - This is when i meet residency requirement)
- When will my 3 years stay requirement of citizenship meet OR i can apply/submit for citizenship application?
(September 2020 - This is if residency stay requirement can overlap with citizenship stay requirement OR
October 2022 - This is if 4 year time limit actually starts meeting the residency requirement of 2 years)
- If my 3 years stay requirement of citizenship meet in September 2020, will my PRC expired in October 2019 and require renewal if i need to travel outside CA temporarily?
- Can I apply for medical health card in Ontario now? (No, since i didn't stay for 5 months in 12 months or 1 month in my first 183 days?

Waiting, please help!

 

[Leon]

You must meet the RO for PR in your first 5 years as a PR so from Oct. 5th 2014 'til Oct. 4th 2019 as well as after that in any rolling 5 year period.

Hence, if you left Canada the day after landing, you would need to be back at the very latest on October 3rd 2017 in which case you have 1094 days outside Canada and then you can not leave again for a full 2 years no matter what happens. You should not try to renew your PR card either until you have your 730 days in Canada even if you have to let it expire before you apply.

Your PR card will be issued a couple of months after you land and may therefore be valid a couple of months after your landing date, say until Dec. 2019 or so. This doesn't change the fact that you must meet the RO in your first 5 years as a PR counted from your landing date.

The citizenship requirements are changing from 3/4 years to 4/6 years next summer. Your 6 year period starts whenever you are ready. Once you have spent a full 4 years in Canada counted over a period of no more than 6 years, you can apply. Say you return in 2017 and don't leave for 4 years, you can apply in 2021 counting your 4 years and your 6 year period would start in 2015 when you were outside Canada. The PR card periods have nothing to do with the citizenship requirements so you can have 4 years in Canada with 2 different PR cards to apply.

There is no point in applying for an OHIP card if you are leaving again. In order to be eligible, you need to spend 5 months out of your first 6 and after that 5 months a year. You can apply for an OHIP card in 2017 when you are back to stay. If you decide to stay this time and apply for an OHIP card, you must inform OHIP if you decide to move again for an extended time and they will then tell you if they will extend your OHIP coverage or if you will have to re-do the waiting period when you are back.

 

[Fani]

Thanks Leon for great explanation. It is clear to me now.

About OHIP: you mentioned that I need to spend 5 months out of your first 6 and after that 5 months a year; are you sure that its 5/6 months to apply for card? because on website, it is 5/12 months requirement.

So next summer rules will be applied on past applicants as well? (I mean to me as my application and landing dates are past)

 

[keesio]

About OHIP: you mentioned that I need to spend 5 months out of your first 6 and after that 5 months a year; are you sure that its 5/6 months to apply for card? because on website, it is 5/12 months requirement.

For people re-establishing residence in Ontario, you are required to stay in Ontario for the first 5 out of 6 months.

http://www.health.gov.on.ca/en/public/publications/ohip/ohip_eligibility.aspx

See the section that says:

And

you make your primary place of residence in Ontario; and generally,
you are in Ontario for at least 153 days of the first 183 days immediately following the date you establish residence in Ontario (you cannot be absent for more than 30 days during the first 6 months of residence); and
you are in Ontario for at least 153 days in any 12-month period.

 

[Rob_TO]

So next summer rules will be applied on past applicants as well? (I mean to me as my application and landing dates are past)

You have not applied for citizenship yet, so you are not a past applicant.

You will be following the 4 years requirement for citizenship. It starts as soon as you land as a PR, but the 4 years only counts days you are physically in Canada.

 

[mlbwhf]

Rob so if i landed before effective of new law, and become a PR, should i comply with the old law, new law 4 from 6 years?

 

[Leon]

Rob so if i landed before effective of new law, and become a PR, should i comply with the old law, new law 4 from 6 years?

It doesn't matter when you became a PR. You could have been a PR for 20 years before you apply for citizenship so you would not apply under whatever law was in effect 20 years ago, you would apply under the law that is in effect when you apply.

If you had already applied for citizenship with 3/4 years before the new law comes into effect, it would not apply to you. You are however not ready to apply now or by next summer so you will not be able to apply under the old law. Hence you will apply under the new law unless there is another new law passed in the meantime.

 

[Fani]

Hi,

1- Is it true that I must visit CA once in 6 months OR any regular interval / year to maintain my PR status?
2- Is it true that I must visit CA frequently on regular defined interval even after citizenship? (like once / year)

Below are the timeline I documented that can work for me. Need your review, if any calculation is dangerous or wrong in it.

1st Landing
October 5, 2014

Expected PRC Receiving date
December 4, 2014
2 months from 1st landing

Permanent Landing
October 4, 2017
2 years before PRC expiry that is October 4 2019 (after 5 years of 1st landing)

PRC renewal application submission
April 7, 2019
6 months to 1st PRC expiry

Citizenship application submission
October 3, 2021
4 years from permanent landing

I am a bit concerned about following:
3- After 3 years of 1st landing when I land for permanent in Canada, Can POE ask difficult questions or show concerns due to my absence?
4- Is PRC renewal process complicated and requires a professional lawyer?
5- How do you rate this time line? (People successfully did it/Must be changed due to some technical reason)... I know its a bit risky as PR RO is on edge

Thanks for support.

 

[keesio]

#1: No, you just need 730 days in any 5 years period. If you are a new PR, it would be 730 days from the date you landed + 5 years. (October 4, 2019)
#2: Yes, For the new rules starting next year which will apply to you, you need to spend 1460 days out of 6 years in Canada and must have at least spent 183 days a year in Canada in 4 out of those 6 years.
#3: Yes, they may give you a hard time because you will be very close to your threshold but since you can still meet your PR RO, you should be fine.
#4: No, but make sure you collect a lot of proof about your absences and time in Canada
#5: You have one calculation error. You want to apply for PRC renewal 6 months early. But you need 730 days from the date you apply. If you landed 1st time Oct 5th 2014 and then left shortly afterwards and then come back for good Oct 4th 2017, then you will not have 730 days by April 7th, 2019. It will depend on how much time you spent in Canada after Oct 5th 2014. And you are cutting it close when you come back the 2nd time but as I said, you will still be valid PR so you can enter (CBSA may give you a bit of a headache however).

 

[boga]

Hey there,

I have somehow the similar concern, well i have done my landing on 1st of Nov 2011, and left Canada on 15th Dec 2011 (40 days after my landing), got my PR with expiry date 14th of Dec 2016.

when is it the last date that i should go back to Canada to stay within the renewal limitation?

Thank you,

You must meet the RO for PR in your first 5 years as a PR so from Oct. 5th 2014 'til Oct. 4th 2019 as well as after that in any rolling 5 year period.

Hence, if you left Canada the day after landing, you would need to be back at the very latest on October 3rd 2017 in which case you have 1094 days outside Canada and then you can not leave again for a full 2 years no matter what happens. You should not try to renew your PR card either until you have your 730 days in Canada even if you have to let it expire before you apply.

Your PR card will be issued a couple of months after you land and may therefore be valid a couple of months after your landing date, say until Dec. 2019 or so. This doesn't change the fact that you must meet the RO in your first 5 years as a PR counted from your landing date.

The citizenship requirements are changing from 3/4 years to 4/6 years next summer. Your 6 year period starts whenever you are ready. Once you have spent a full 4 years in Canada counted over a period of no more than 6 years, you can apply. Say you return in 2017 and don't leave for 4 years, you can apply in 2021 counting your 4 years and your 6 year period would start in 2015 when you were outside Canada. The PR card periods have nothing to do with the citizenship requirements so you can have 4 years in Canada with 2 different PR cards to apply.

There is no point in applying for an OHIP card if you are leaving again. In order to be eligible, you need to spend 5 months out of your first 6 and after that 5 months a year. You can apply for an OHIP card in 2017 when you are back to stay. If you decide to stay this time and apply for an OHIP card, you must inform OHIP if you decide to move again for an extended time and they will then tell you if they will extend your OHIP coverage or if you will have to re-do the waiting period when you are back.

 

[Sisifo]

i have done my landing on 1st of Nov 2011, and left Canada on 15th Dec 2011 (40 days after my landing), got my PR with expiry date 14th of Dec 2016.

when is it the last date that i should go back to Canada to stay within the renewal limitation?

Since you have 40 days already, Subtract 690 days or 692 days to be on the safer side from 1st Nov 2016 and whatever date you get is when you should return for good

 

[polara69]

Why not simply stay in Canada and make it your new home? Then none of this useless counting days and weeks business would happen.
It is beyond me why people apply to become PR and then not want to live here. PR is not a glorified visitor visa!!!

 

[Leon]

Hey there,

I have somehow the similar concern, well i have done my landing on 1st of Nov 2011, and left Canada on 15th Dec 2011 (40 days after my landing), got my PR with expiry date 14th of Dec 2016.

when is it the last date that i should go back to Canada to stay within the renewal limitation?

Thank you,

You can be outside for a maximum of 1094 days in your first 5 years as a PR or any rolling 5 year period after that so if you left on Dec. 15th 2011, you should return no later than Dec. 14th 2014