is the PR obligation after the first 5 years same as the first 5 years? 2 years out of 5?! I’ve been hearing mixed opinions on this
PR obligations after the first 5 years??
- Thread starter andrew999929
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On ANY day after the 1825th day of being a PR, you must be able to count back 1825 days and see 730 days in Canada in that period. If there are less than 730 days, you are not in compliance with the Residency Obligations.
So after the first 5 years, I can have a valid pr card and be denied entry to Canada bec I don’t have 2 years from the last 5 years?? is that legal even if I plan to stay 2 years before the new card expires
You would not be denied entry given that would be your right as a PR. However if in the 5 years preceding any new entry it was discovered that you had not been in Canada for 730 days you could possibly be reported at the POE possibly leading to your PR status being revoked subject to appeal.
PR card validity is irrelevant To the RO given that just qualifies you to both board a plane and enter Canada it has nothing to do with your obligation as a PR to live in Canada for 2 years in any 5 year period, 100 percent legal requirement. Saying you plan to stay 2 years in future would be a meaning less promise easily broken.
Also note that when renewing a PR card or applying for a PRTD then if the RO has not been met this will become obvious in the application and could also possibly lead to PR status being revoked.
PR card validity is irrelevant To the RO given that just qualifies you to both board a plane and enter Canada it has nothing to do with your obligation as a PR to live in Canada for 2 years in any 5 year period, 100 percent legal requirement. Saying you plan to stay 2 years in future would be a meaning less promise easily broken.
Also note that when renewing a PR card or applying for a PRTD then if the RO has not been met this will become obvious in the application and could also possibly lead to PR status being revoked.
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PRs are statutorily entitled to enter Canada. PoE officers cannot deny a PR entry.
PRs in breach of the PR Residency Obligation may be reported by PoE officers, and issued a Departure Order. They will still be allowed to enter Canada. They have thirty days to make an appeal of the Departure Order. If the PR fails to appeal, or loses the appeal, their PR status is thereby terminated.
As others have emphatically observed: the validity dates of a PR card are NOT relevant in any assessment of the PR's compliance with the PR RO.
As others also have emphatically observed: as of the fifth year anniversary of the day the PR landed and became a PR, compliance with the PR RO is calculated by counting the number of days the PR has been present in Canada during the preceding five years, as of that day. If the total number of days in Canada during the preceding five years is less than 730, the PR is in breach of the PR RO (with some exceptions if particular credit otherwise is applicable).
Note too that there are significant risks for those PRs who are cutting-it-close, and most indications suggest those risks increase for those who have had PR status for more than five years. Those risks are discussed in depth in numerous other topics. For purposes of PR RO compliance and potential delays or challenges when applying for a new PR card or a PR TD or sponsoring a family member, cutting-it-close means being outside Canada more than the PR has been in Canada (presence for less than 900 days during the preceding five years). For purposes of risks related to being determined to be in breach of the PR RO and losing PR status, what constitutes cutting-it-close depends on how close and additional factors (such as strength or persuasiveness of proof of presence, including as to the nature and extent of ties in Canada versus ties abroad). Burden of proof is on the PR. So cutting-it-real-close can be rather risky . . . remembering, of course, the explicit purpose of the grant of PR status is so the individual can settle and live in Canada PERMANENTLY, so anyone who does not appear to be fully settled in Canada permanently is naturally at risk for not only more intensive scrutiny but more skeptical, suspicious scrutiny.