PR Obligation

[j2_saint]

Hi Guys,
I hope someone could help me shed light on an issue I am facing.
I did a soft landing in Dec 2017 for a week and returned home due to some work commitments. I was able to get the PR card posted to my friend's address which was delivered when he came to visit me. The PR card expires in February 2023. With that being said, when is the latest I need to move to Canada to meet the residency requirement?
I read in the forum that you need to stay a minimum 730 days out of the rolling five years to meet the residency requirement? Is that correct? If I were to relocate to Canada at the end of 2021, then I should not have any problems renewing my PR if needed?
Also, would the immigration officers question why I decided to stay out of Canada for that long after receiving my PR?

Please help me answer these questions. Thank you.

 

[Bs65]

So you landed Dec 2017 therefore you must take up residence by Nov/Dec 2020 latest and then stay for 2 years plus to meet your residency obligation. If you do not return until after Dec 2020 then given you will have not met the residency obligation you could be reported on entry and lose your PR status subject to appeal. Financial or work commitments are generally not considered in any appeal.

The 5 year rolling requirement starts after the initial 5 years from landing so in your case from Dec 2022 . From that date on each time you enter Canada then you need to be prepared to show 730 days in the country for the 5 years preceding the entry. So in first 5 years from initial landing you must be in Canada for 730 days.

Pr card expiry is irrelevant to the residency obligation.

So basically if you do not relocate permanently by end Dec 2020 you risk losing your PR status at any time you enter the country after that date.

If you leave it until end 2021 and are lucky enough to enter without being reported you would need to stay put without leaving for 2 years plus, only after that should apply to renew your PR card else any interaction with immigration if you have not met the RO could result in losing your PR status.

 

[canuck78]

If you wait until Dec 2020 you won't be able to leave for business trips, family emergency or vacations if you haven't met your RO. You also can't sponsor anyone like a spouse or children unless you are compliant with your RO. Don't know why people apply if they have no intention of moving to Canada anytime soon.

 

[BC4life]

If you wait until Dec 2020 you won't be able to leave for business trips, family emergency or vacations if you haven't met your RO. You also can't sponsor anyone like a spouse or children unless you are compliant with your RO. Don't know why people apply if they have no intention of moving to Canada anytime soon.

Exactly

 

[SpiceIsland]

Such a waist of government resources when it could be use for people who actually want to build a life in Canada.

 

[j2_saint]

I don't think its fair for you to pass such judgemental comments without understanding my situation. Of course, I want to build my life in Canada - If not, I would have never applied for PR. Secondly, the company I work is a Canadian multi-national which has projects outside Canada and I am stationed till it is completed. Since I don't want to lose my PR and know Canada is my home in the long run, I have to inform my employer the exact timelines and plan myself accordingly. Even my employer is aware of the situation and will support full heartedly.

Such a waist of government resources when it could be use for people who actually want to build a life in Canada.

 

[j2_saint]

Thank you so much for your comment. So in hindsight, the best option for me would be to move back to Canada around the end of Dec '19, which would give me a buffer of one year.

So you landed Dec 2017 therefore you must take up residence by Nov/Dec 2020 latest and then stay for 2 years plus to meet your residency obligation. If you do not return until after Dec 2020 then given you will have not met the residency obligation you could be reported on entry and lose your PR status subject to appeal. Financial or work commitments are generally not considered in any appeal.

The 5 year rolling requirement starts after the initial 5 years from landing so in your case from Dec 2022 . From that date on each time you enter Canada then you need to be prepared to show 730 days in the country for the 5 years preceding the entry. So in first 5 years from initial landing you must be in Canada for 730 days.

Pr card expiry is irrelevant to the residency obligation.

So basically if you do not relocate permanently by end Dec 2020 you risk losing your PR status at any time you enter the country after that date.

If you leave it until end 2021 and are lucky enough to enter without being reported you would need to stay put without leaving for 2 years plus, only after that should apply to renew your PR card else any interaction with immigration if you have not met the RO could result in losing your PR status.

 

[canuck78]

Thank you so much for your comment. So in hindsight, the best option for me would be to move back to Canada around the end of Dec '19, which would give me a buffer of one year.

Yes.

 

[fswevaluation]

Such a waist of government resources when it could be use for people who actually want to build a life in Canada.

With due respect to your statement, I would disagree as there are people whose jobs/families are tied up to a place and when people spend $4000-$5000 to get PR they are trying to make the best with their situations and not squander that much money for no reason

 

[amro1001]

So you landed Dec 2017 therefore you must take up residence by Nov/Dec 2020 latest and then stay for 2 years plus to meet your residency obligation. If you do not return until after Dec 2020 then given you will have not met the residency obligation you could be reported on entry and lose your PR status subject to appeal. Financial or work commitments are generally not considered in any appeal.

The 5 year rolling requirement starts after the initial 5 years from landing so in your case from Dec 2022 . From that date on each time you enter Canada then you need to be prepared to show 730 days in the country for the 5 years preceding the entry. So in first 5 years from initial landing you must be in Canada for 730 days.

Pr card expiry is irrelevant to the residency obligation.

So basically if you do not relocate permanently by end Dec 2020 you risk losing your PR status at any time you enter the country after that date.

If you leave it until end 2021 and are lucky enough to enter without being reported you would need to stay put without leaving for 2 years plus, only after that should apply to renew your PR card else any interaction with immigration if you have not met the RO could result in losing your PR status.

it is really confusing me that PR card expriy is not relevant!...it is not clear at all .. is this for sure!!!

it should be fine as long as I am able to renew my PR card anytime before the expiry date on the card while I meet the RO requirments!, why I am forced to meet the requiments in first 5 years!

 

[dpenabill]

it is really confusing me that PR card expriy is not relevant!...it is not clear at all .. is this for sure!!!

it should be fine as long as I am able to renew my PR card anytime before the expiry date on the card while I meet the RO requirments!, why I am forced to meet the requiments in first 5 years!

As I just posted in another topic regarding this issue:

As others have noted and emphasized, for purposes of the RO CALCULATION itself the date a PR card expires is NOT RELEVANT. All that is relevant is how many days the PR has outside Canada during the RELEVANT FIVE YEARS.

The relevant five years is either:

-- from date of landing to date of fifth year anniversary of landing, if the PR landed less than five years ago; if days outside Canada during this five year period exceed 1095, the PR is in breach of the RO (since being outside Canada for 1095+ days during this period means it is NOT possible to be IN Canada at least 730 days during the FIRST five years following landing)

-- the five years immediately preceding the date of the examination, whatever date that is, for any PR after the fifth year anniversary of landing

For emphasis: calculating PR RO compliance is based on COUNTING days in or days out of Canada during the relevant five years, which is either the first five years of the date of landing (for new PRs who landed less than five years ago), or the immediately preceding five years as of whatever day the calculation is being done.

Note, for example, during the first THREE years after landing a PR is, for sure, NOT in breach of the PR Residency Obligation. This is because there are still at least 730 days in the future but still within the first FIVE years the PR can possibly be in Canada, so there is NO question, it is still possible for the PR to meet the RO during the first five years.

After the third year anniversary, however, up to the fifth year anniversary of the date the PR landed, whether or not a PR is in compliance with the RO depends on how many days the PR has been in Canada plus how many days are left until the fifth year anniversary. If that total is at least 730 days, the PR is still in compliance because it is still possible for the PR to spend at least 730 days total in Canada during the FIRST FIVE years.

A more practical approach is to count the days outside Canada. If at any time during the first five years the PR has been outside Canada for more than 1095 days, total, it is then IMPOSSIBLE for the PR to meet the RO. Even if the PR is in Canada every other day during that first five years, that will not add up to 730 days. (Give or take a day to count February 29 during leap years.)

Five years equal 1825 days (plus leap year days). Subtract 1095 days from 1825 leaves exactly 730. So, if the PR is outside Canada MORE than three years (more than 1095 days), there are NOT enough days left in the relevant five years to meet the RO.

AND YES THIS IS FOR SURE.

See my other post for further explanation distinguishing how the expiration date on a PR card might factor into whether there is a RO compliance examination VERSUS the fact the expiration date is NOT a factor in the CALCULATION itself.

 

[syahska]

Reopening an old thread and i need some guidance. I did my first landing on 8th Apr 2018 and got back to home country on 29th Apr 2018. I will be travelling back to Canada on 20th Jan 2021. If assume I stay in Canada from 20th Jan 2021 - 19th Jan 2023 it means I cover my residency obligation of 2years / 730 days. Now, for my citizenship, will i need to stay in Canada for another 3years off the new 5yr term or if I stay in Canada for just another yr i.e till 19 Jan 2024, will I be eligible for citizenship ?Anyone can help ?

 

[Bs65]

Reopening an old thread and i need some guidance. I did my first landing on 8th Apr 2018 and got back to home country on 29th Apr 2018. I will be travelling back to Canada on 20th Jan 2021. If assume I stay in Canada from 20th Jan 2021 - 19th Jan 2023 it means I cover my residency obligation of 2years / 730 days. Now, for my citizenship, will i need to stay in Canada for another 3years off the new 5yr term or if I stay in Canada for just another yr i.e till 19 Jan 2024, will I be eligible for citizenship ?Anyone can help ?

So you need to be in Canada for a min 730 days between initial landing April 8th 2018 and April 8th 2023, although advised to always leave it beyond exact 730 days before applying to renew a PR card.

For citizenship you need to show min 3 years physical presence in Canada in the 5 years preceding the date you sign/submit the application. So if you return to Canada Jan 20 / 2021 and do not leave at all you could apply for citizenship Jan 2024 Same principal applies though as recommended to not apply on exact day you get to 3 years but to have some buffer say 2./ 3 months