Pr residency obligations

[Satbir30]

hi

I m permanent resident of Canada, got my pr in jan 2016.Now it’s been 9 months I m residing in Canada n had baby girl in July 2017(born Canadian).Now i m planning to go back my country for 2 years due to my personal reasons.i will complete my 5 years in jan 2021.Hence ,won’ be able to complete my 730 days when come back .However,my pr card will expire in sept2021.I will able to complete my 730 days before it expires if I will be allowed to stay after jan 2021.
Is this legal to stay in Canada to complete days obligations before expiry date of my pr card?
Moreover, my daughter is Canadian so number of days I would be outside Canada will be counted as she will accompany me .
Please help

 

[canuck78]

When did you land in Canada?

You can only counts days out of Canada for RO if accompanying Canadian spouse or common law outside Canada not children.

 

[Satbir30]

I landed on 26 jan 2016 .

 

[dpenabill]

hi

I m permanent resident of Canada, got my pr in jan 2016.Now it’s been 9 months I m residing in Canada n had baby girl in July 2017(born Canadian).Now i m planning to go back my country for 2 years due to my personal reasons.i will complete my 5 years in jan 2021.Hence ,won’ be able to complete my 730 days when come back .However,my pr card will expire in sept2021.I will able to complete my 730 days before it expires if I will be allowed to stay after jan 2021.
Is this legal to stay in Canada to complete days obligations before expiry date of my pr card?
Moreover, my daughter is Canadian so number of days I would be outside Canada will be counted as she will accompany me .
Please help

A child PR gets credit toward meeting the PR Residency Obligation when the child is living with a Canadian citizen parent abroad. A PR parent does NOT get credit for living with a Canadian citizen child.

Be aware that the PR Residency Obligation, to be present in Canada a minimum of 730 days in the relevant five year time period, is indeed the very minimum, almost but not quite an absolute minimum. There are risks if a PR cuts-it-close; these have been discussed in depth in numerous threads in this forum.

Since you landed 26 January 2016, you remain in compliance with the PR RO as long as the total number of days you have been present in Canada since 26 January 2016 added to the total number of days left on the calendar until January 26, 2021, totals at least 730 days. If at any time between now and January 26, 2021, that total (days present plus days left) falls below 730, you would be in breach of the PR RO. Thus, even though you have a valid PR card, if before January 26, 2021 you are outside Canada a total of 1095 or more days since the day you landed, you will be at risk of being reported and losing PR status when you next arrive at a Canadian Port-of-Entry.

Bottom-line, since it appears you have already been outside Canada around 450 or so days since you landed, going abroad for two years will be very risky. Even going abroad for 16 to 18 months now could be risky unless you have well documented proof of all the days you have so far been present in Canada.

Validity date of your PR card is NOT relevant in calculating compliance with the PR RO.

 

[Satbir30]

Thanks for your reply
It’s really very helpful.
I am planning to come back in April 2020.from there I will complete 9 months stay before 26 jan 2021.
If it is legal to stay after that till my pr card expires (sept 2021) I will v able to complete 7 more months in Canada .Hence, total of 16 months Which would complete my 730 days all together.

 

[Rob_TO]

Thanks for your reply
It’s really very helpful.
I am planning to come back in April 2020.from there I will complete 9 months stay before 26 jan 2021.
If it is legal to stay after that till my pr card expires (sept 2021) I will v able to complete 7 more months in Canada .Hence, total of 16 months Which would complete my 730 days all together.

The expiry date on your PR card is irrelevant for calculating your residency obligation.

The only thing that matters is that on April 2020 when you attempt to return, how many days in total will you have been outside Canada from Jan 2016 to April 2020? If you will have been outside Canada for 3 years or more during this time since you became a PR, then you will be in violation of the RO and subject to being reported and having PR status revoked when you try to return.

 

[Satbir30]

Thanks dear
I have few more questions to clear with u
1.If I entered Canada from USA border (as I have USA visitor visa) in April 2020 n then apply for pr card renewal when it expires without fulfilling 730 days till jan2021.what r the consequences then ?? Means will they renew my card ?? Or question my pr status ??
2.somehow,I would save my pr by completing 730 days till jan 2021 but not my husband then I will be able to apply for my husband’s pr on my behalf later.

 

[Buletruck]

1. If you apply to renew your PR card without having 730 days in Canada in the previous 5 years, they will start the process of revoking your PR status. It doesn't matter how or where you enter Canada. Don't apply until you meet the residency requirement.
2. Sorry, don't quite understand your question.

 

[Satbir30]

Thanks for reply
My question was
Me n my husband both r under residency obligations to maintain pr here .
If I will complete my730 days in Canada but not by my husband .is it possible to apply his pr on my behalf after jan 2021

 

[YVR123]

Thanks for reply
My question was
Me n my husband both r under residency obligations to maintain pr here .
If I will complete my730 days in Canada but not by my husband .is it possible to apply his pr on my behalf after jan 2021

His PR will need to be revoked. Then you can sponsor him as your spouse again. (not sure how long it will take by then)

 

[Satbir30]

Thanks for reply
But again d question is as mention above not to renew pr card before completing 730 days in Canada. As I discussed above about my situation I would v 4months lacking to complete 730 days by jan2021.but able to complete if go according to expiry date of my pr card that is sept 2021.
So ,when I will apply to renew my pr I will v physically present in Canada for more than 730 days .but not according to landing date jan 2021.
How does d immigration Calculate residency obligations of pr ???
Do they send any letter when done with 5 years period according to landing date?
Or asked when applying to renew pr card??
Or ask on d airport when v enter Canada???

 

[Buletruck]

How does d immigration Calculate residency obligations of pr ???

Landing date! Expiry date of PR card is irrelevant.

No letter, it's your responsibility to keep track of the date.

 

[YVR123]

How does d immigration Calculate residency obligations of pr ???

They start from your landing day (Jan 2016).
RO is 730 days for rolling 5 years.
That means after jan 2021, on any day counting back 5 years, you needed to be physically be in Canada for minimum 730 days.
You should NOT renew your PR card unless you have met RO. You do not need a "valid" PR card if you stay within the country. (except for some document/ids so get those before your card expires)

 

[Satbir30]

Thanks dear
Your informations were so valuable.