I have theoretical question, say I landed on Dec 15, 2010 stayed here for 14 days and left Canada came back in June 2012 stayed for 60 days and left, then came back in Sept 2013 and am here since then with some travel dates between Sept 2013 and to date however I complete 745 days between December 15 2010 and December 14, 2015. I wish to apply for my PR card renewal say on Dec 23, 2015. So would the assessment dates be December 10, 2015 to December 14, 2015 (5 Yr period from date of landing) or would it between December 24 to December 23, 2015 (also 5 yr period but based on date of application)? Kindly advise.
PR Renewal assessment dates v/s application date
- Thread starter cnccnc
- Start date
Observations regarding residency determinations as of and after the fifth year anniversary of the date of landing:cnccnc said:
As of and after the fifth year anniversary of landing, the date of landing is NOT relevant.
Compliance with the PR Residency Obligation is based on the five years immediately preceding the date of the application or examination. For example, assessment of compliance with the PR RO for an application made on December 23, 2015, will evaluate presence in Canada during the period December 23, 2010 through December 22, 2015.
Small margin:
While there are no where near enough reports to draw statistical conclusions, there are enough reports of referrals to secondary review and, for some, full blown Residency Determinations, to suggest an elevated risk of non-routine processing for PRs who apply with a small margin over the 730 day minimum.
This makes total sense. Any PR applying for a new PR card who has less than 900 days presence (within the preceding five years) has been spending more time outside Canada than in Canada, so to the extent there is any question about whether the PR was in or out of Canada for any given period of time, the natural, obvious inference is that the PR was where the PR was most of the time, which would be outside Canada.
Thus, for those applying for a new PR card who have a small margin over 730 days, it would be prudent to anticipate non-routine processing taking significantly longer than the routine timeline, and potentially being required to submit additional documentation and information to meet the PR's burden of proving compliance with the PR RO. Not all low-margin applicants will encounter this. But it appears the risk is substantially elevated.
It is not clear whether waiting to build a bigger margin helps in such scenarios. A history of extended absences combined with an extended period without a valid PR card may also elevate the risk of non-routine processing. My guess is that it does.
Thus, the point of the observation for those with a small margin over the minimum, is to recognize the possibility (no one can reliably predict for sure who will get non-routine processing or who will avoid non-routine processing) of non-routine processing, and thus anticipate the prospect of delays and potentially even having to more thoroughly prove compliance with the PR RO.
For clarification regarding PRs still within five years of date of landing:
PR RO compliance for PRs still within five years of date of landing is actually very simple: so long as the PR has not been absent from Canada for 1095 or more days, the PR is in compliance.