PR renewal application after 675 days

[Canada_PR_queries]

Hi, my PR card expires in March 2021 by then I would have spent 675 days in Canada in a 5 year time frame. (I landed in 2016 stayed around 100 days and visited in 2018 for 20 days before moving back in the summer of 2019..I have stayed in Canada since then). I have a couple of queries:

1. Can I apply for my PR renewal in March 2021 before my PR card expires while I have spend 675 days (instead of 730 days). Will CIC process my application under humanitarian grounds? If not, what will be the outcome of my application when I don’t meet the 730 days requirements? How long will it take for me to know about the outcome?

2. Can I sponsor my wife, with an expired PR card or do I have to wait till I get the card renewed and apply afterwards?

I am aware that I can apply for my application on July 2021 after I have made the 730 days base requirement but I would like to apply for it in March 2021. ny relevant information will be much appreciated. TIA

 

[armoured]

Hi, my PR card expires in March 2021 by then I would have spent 675 days in Canada in a 5 year time frame. (I landed in 2016 stayed around 100 days and visited in 2018 for 20 days before moving back in the summer of 2019..I have stayed in Canada since then). I have a couple of queries:

1. Can I apply for my PR renewal in March 2021 before my PR card expires while I have spend 675 days (instead of 730 days). Will CIC process my application under humanitarian grounds? If not, what will be the outcome of my application when I don’t meet the 730 days requirements? How long will it take for me to know about the outcome?

2. Can I sponsor my wife, with an expired PR card or do I have to wait till I get the card renewed and apply afterwards?

I am aware that I can apply for my application on July 2021 after I have made the 730 days base requirement but I would like to apply for it in March 2021. ny relevant information will be much appreciated. TIA

First, why do you wish to apply early for the PR card renewal, i.e. for what specific purposes? You also refer to humanitarian grounds with no reference as to what they are (I won't comment on humanitarian requests because don't know how these are handled in this context).

You can continue to reside in Canada, work, etc., with an expired card for quite some time. The PR card is not the same as PR status; right now you are a legal resident who is somewhat out of compliance - but while in Canada, if you do not cause an examination of your compliance, for the most part you can basically remain until in compliance.

You would 'cause an examination' by eg attempting to sponsor your spouse, applying for a card, or entering Canada from abroad.

You should check your days-in-Canada very carefully, now. If you got your PR card in March 2016, you presumably landed a few months before that. This is critical because the residency obligation is counted on a five-year rolling basis - meaning that beginning on the five day anniversary of landing, you will begin to lose the days you stayed in Canada in 2016 from the total count.

In reverse order:
2. Your ability to sponsor your spouse is not connected to your PR card, but to your compliance with the residency obligation. Do not apply to sponsor her before you are in compliance. It will not be successful and could have consequences for your own status.

1. Most posters here will suggest you NOT apply for a PR card renewal before you have the minimum of 730 days, plus a buffer of some days in case of any error in calculation on your part.

As I understand - but not a specialist - the key compliance-date is the date they open your file and formally examine; so you would be counting on them not opening the file for formal examination for ~60 days. That may or may not be a reasonable bet, but seems imprudent (to me); and I think you can count upon them examining your compliance very carefully if you applied well short of the minimum days to be compliant, which could make the process considerably longer.

Put most simply: if you apply before you are clearly in compliance, there is a strong likelihood it will go for more in-depth examination - and hence any time you save by applying 'early' will be lost. (If you miscalculate and the compliance at time of examination goes against you, it could begin formal reports and more unpleasant consequences such as beginning process of revocation of PR status, which I'm sure you would prefer to avoid.)

 

[dpenabill]

my PR card expires in March 2021 by then I would have spent 675 days in Canada in a 5 year time frame. (I landed in 2016 stayed around 100 days and visited in 2018 for 20 days before moving back in the summer of 2019..I have stayed in Canada since then). I have a couple of queries:

1. Can I apply for my PR renewal in March 2021 before my PR card expires while I have spend 675 days (instead of 730 days).

@armoured covered most very well.

With one caution which I suspect is an important caution in your situation: remember, compliance with the Residency Obligation is based on days IN Canada within the relevant five years. You do not indicate what your date of landing was, or when in 2016 you spent 100 days in Canada, but REMEMBER that as the calendar reaches the fifth year anniversary of those days, those days will NO LONGER COUNT toward meeting the RO.

Thus, for example, when you reach the fifth year anniversary of the day you landed, for the NEXT hundred days you will need to stay in Canada just to stay even in the calculation. Each new day in Canada that counts will be offset by a day lost from the calculation because it is past five years ago.

The exact calculation depends on the precise dates. At the risk of being redundant: You could, for example, possibly be stuck at 675 days for three months plus ten days. (However many days you have been IN Canada as of the day that is your fifth year anniversary of landing, for the NEXT hundred days following that you will still have that same number . . . or less if you leave Canada during that time.)

I do not know how much risk there is applying 50 to 60 days short of being in compliance. Applying for either a new PR card or to sponsor a spouse.

But it probably is NOT a risk worth taking.

Better to wait until you are for sure in full compliance with the RO (counting back five years from the day) BEFORE making either kind of application. You do not need to wait to get a new PR card to make the sponsorship application. You continue to be a PR even if your PR card has expired. The safe approach is to STAY and WAIT until you are FOR-SURE in compliance, based on days within the last five years, before making any application to IRCC.

And before traveling abroad as well. If you are considering travel abroad during the coming months, you should be very careful in evaluating your situation.

 

[Canada_PR_queries]

@armoured covered most very well.

With one caution which I suspect is an important caution in your situation: remember, compliance with the Residency Obligation is based on days IN Canada within the relevant five years. You do not indicate what your date of landing was, or when in 2016 you spent 100 days in Canada, but REMEMBER that as the calendar reaches the fifth year anniversary of those days, those days will NO LONGER COUNT toward meeting the RO.

Thus, for example, when you reach the fifth year anniversary of the day you landed, for the NEXT hundred days you will need to stay in Canada just to stay even in the calculation. Each new day in Canada that counts will be offset by a day lost from the calculation because it is past five years ago.

The exact calculation depends on the precise dates. At the risk of being redundant: You could, for example, possibly be stuck at 675 days for three months plus ten days. (However many days you have been IN Canada as of the day that is your fifth year anniversary of landing, for the NEXT hundred days following that you will still have that same number . . . or less if you leave Canada during that time.)

I do not know how much risk there is applying 50 to 60 days short of being in compliance. Applying for either a new PR card or to sponsor a spouse.

But it probably is NOT a risk worth taking.

Better to wait until you are for sure in full compliance with the RO (counting back five years from the day) BEFORE making either kind of application. You do not need to wait to get a new PR card to make the sponsorship application. You continue to be a PR even if your PR card has expired. The safe approach is to STAY and WAIT until you are FOR-SURE in compliance, based on days within the last five years, before making any application to IRCC.

And before traveling abroad as well. If you are considering travel abroad during the coming months, you should be very careful in evaluating your situation.

 

[Canada_PR_queries]

Thank you so much. It was very helpful.
I was going towards humanitarian rationale since my parents were ill and I decided to be by their side during the tough times.
But as both of you mentioned, it may not be very prudent to take the risk, either it may trigger unfavorable consequences and/or delay the process because of non compliance with the 730 rule. As I mentioned, I reach 675 days in March 2021 and it remains the same for a 5 year window as it offsets the days I was in Canada in 2016. (I landed in Jan 2016 and was in Canada till May 2016) My days count goes up from May 2021 and I become compliant in July 2021, which probably is the best time to apply both for renewal (first) and simultaneously apply for sponsoring my wife. I was thinking of the option as the spouse sponsorship takes about a year.
Once again, thank you so much

 

[canuck78]

Thank you so much. It was very helpful.
I was going towards humanitarian rationale since my parents were ill and I decided to be by their side during the tough times.
But as both of you mentioned, it may not be very prudent to take the risk, either it may trigger unfavorable consequences and/or delay the process because of non compliance with the 730 rule. As I mentioned, I reach 675 days in March 2021 and it remains the same for a 5 year window as it offsets the days I was in Canada in 2016. (I landed in Jan 2016 and was in Canada till May 2016) My days count goes up from May 2021 and I become compliant in July 2021, which probably is the best time to apply both for renewal (first) and simultaneously apply for sponsoring my wife. I was thinking of the option as the spouse sponsorship takes about a year.
Once again, thank you so much

Are you counting correctly? It is not 730 days from landing date to PR card expiry date. It seems as though you will lose at least some of your days from 2016.