Question about RO and PR card Renewal

[vdevil786]

Hi,
I became a PR on 03 Dec 2015, i stayed for only 2 weeks and then left, i returned to Canada on 15 Nov 2018 and till date i am in Canada. The renewal date on my PR is 05 Feb 2021.
In August 2020(next month) I am planning to travel for 3 weeks. So if i calculate my time since 03 Dec 2015 till 03 Dec 2020 then total time i have spent in Canada will be 710 Days.

In some other thread i read that "For those who have been PR for more than 5 years, they always calculate the residency requirements from the past 5 years so if you apply on 20-1-2012, they will look at the period from 20-1-2007 to 20-1-2012. "

Based on the above if i apply for PR renewal on 05 Feb 2021 so will they will check from Feb 05 2016 , is this correct? If yes then from Feb 05, 2016 till Feb 05 2021 , excluding the vacation of 3 weeks i would be completing 792 Days.

Can you please share your valuable suggestions and guidance on this matter . thanks in advance.

 

[thevisawhisperer]

The residency obligation is calculated back five years from the date of application. However, if you're in Canada, you don't need to apply for a new card until you have completed your full residency obligation. You are not required to apply before the current card expires.

 

[vdevil786]

The residency obligation is calculated back five years from the date of application. However, if you're in Canada, you don't need to apply for a new card until you have completed your full residency obligation. You are not required to apply before the current card expires.

It means i am good to go for the vacations

 

[thevisawhisperer]

Just remember that an application is not only a thing you send in the mail or upload, when you return from your holiday and appear at the PoE you are making an application to enter Canada. If you don't have enough days left to complete the 730 day requirement between when you arrive back in Canada and the expiry of your PR card, an officer could take action against you.

 

[vdevil786]

Just remember that an application is not only a thing you send in the mail or upload, when you return from your holiday and appear at the PoE you are making an application to enter Canada. If you don't have enough days left to complete the 730 day requirement between when you arrive back in Canada and the expiry of your PR card, an officer could take action against you.

Yes, if the 2 years time is calculated based on the PR card expiry date then i have enough time to complete my RO , if it is calculated based on the date of landing then i am short of 20 days.

So i need to confirm whether the calculation is based on the date i landed or on the basis of PR card expiration date.

 

[devnill]

It's based on the date of landing.

 

[vdevil786]

It's based on the date of landing.

serious?

 

[thevisawhisperer]

The original PR card is based on the date of landing. Renewing the PR card is calculated back five years from the date of application for renewal or to enter Canada.
Let's say you became a PR, immediately left Canada for 3.5 years and then showed up the PoE with your still valid PR card. The officer will see that you have only 1.5 years left on the card and start proceeding to remove your PR because you could not meet the residency obligation. However, if you made it into Canada (by sweet-talking the officer or because they didn't notice that you didn't have enough time to fulfill your RO) then you could remain in Canada until you'd accumulated a full 2 years, regardless of whether your PR card is still valid or not, and then apply to renew it.
It is complicated, and certainly not as simple as 'date of landing'.

 

[canuck78]

serious?

Yes it is based on the landing date so you need to have met your 730 days between 03 Dec 2015 and 03 Dec 2020.

 

[thevisawhisperer]

Sorry canuck78, that is simply not true.
28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(b) it is sufficient for a permanent resident to demonstrate at examination

• (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident; [this is what I said about coming back to Canada after 3.5 years overseas]
• (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; [this is where you stay in Canada until you have met the 730 RO].

It is ridiculous to say that only the date of landing is important. This is a complicated area. Get some reliable advice from someone qualified that you trust. Otherwise, it could unnecessarily cost you or PR or at the very least the very real hassle of having to appeal to maintain it.

 

[vdevil786]

Any way if its based on the date of landing then i became PR on 03 Dec 2015, so from 03 Dec 2015 till 03 Dec 2020 i have to complete 730 days , right?
If yes then based on the calculation i met the RO even after taking my 3 weeks vacations.

below is the calculation i did, can you please check if it is correct.

03 Dec 2015
14 Days
03 Dec 2016
0 Days
03 Dec 2017
18 days
03 Dec 2018
365 days
03 Dec 2019
351 (excluding 3 weeks vacation)
03 Dec 2020

 

[thevisawhisperer]

Again, and for the last time, it is not (necessarily) based on the date of landing. Believe what you want.
What is it that you want me to say exactly? Do you understand the concept of 730 days in Canada during the five years prior to applying for a new PR card? Do the math and make a decision.

 

[vdevil786]

Again, and for the last time, it is not (necessarily) based on the date of landing. Believe what you want.
What is it that you want me to say exactly? Do you understand the concept of 730 days in Canada during the five years prior to applying for a new PR card? Do the math and make a decision.

To be honest i dont know the concept , but as per my understanding either it will be base don day of landing or PR card expiry and based on both i met my RO. is ther eis any point i am missing please guide . thanks in advance.

 

[steaky]

To be honest i dont know the concept , but as per my understanding either it will be base don day of landing or PR card expiry and based on both i met my RO. is ther eis any point i am missing please guide . thanks in advance.

Your understanding is not correct. PR card expiry date is irrelevant for PR card renewal purposes.

 

[canuck78]

Sorry canuck78, that is simply not true.
28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(b) it is sufficient for a permanent resident to demonstrate at examination

• (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident; [this is what I said about coming back to Canada after 3.5 years overseas]
• (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; [this is where you stay in Canada until you have met the 730 RO].

It is ridiculous to say that only the date of landing is important. This is a complicated area. Get some reliable advice from someone qualified that you trust. Otherwise, it could unnecessarily cost you or PR or at the very least the very real hassle of having to appeal to maintain it.

Landing date is important. That is how you count your first 5 years. It is not 5 years before the PR card expiry date. What I said is correct. OP landed for the first time in Dec 2015. OP then has to be able to fulfill 730 between Dec 3 2015 and Dec 3 2020 so travel would not be possible this August and maintian RO if OP would only be able to reside in Canada for 710.

I am aware that there is a rolling total after 5 years but we are talking about this August and the first 5 years after landing.