Reference Point - 5 Years from Landing Date OR Card Expiry Date ?

[us2yow]

Hi,

Can someone respond to my question.

To be in active PR status, we know that one needs atleast 730 days or 2 years of physical presence in Canada in the preceding 5 year period. On another note, my PR card has an expire date one month after the 5 year cycle expires.

Let's say someone landed July 17, 2007 and the expiry date on their card is Aug 16, 2012. Is the five year time frame from Landing on July 17, 2007 + 5 years OR is it Landing in 2007 UNTIL Date of Expiry of card ?

Of course, regardless it is clear that it is strongly advisable to have 730 days (atleast) on the day of signing the application for PR renewal. However, would be nice to understand how that gap between 5 years completion of landing VERSUS the PR card expiring a month later is to be interepreted in terms of days accumulated in the "5 year period".

OR
Do the 730 (or more) days have to be accumulated before July 17, 2012 which means that extra time to Aug 16, 2012 (30 days) does not count in the 730 days count for PR???

 

[PMM]

Hi

Hi,

Can someone respond to my question.

To be in active PR status, we know that one needs atleast 730 days or 2 years of physical presence in Canada in the preceding 5 year period. On another note, my PR card has an expire date one month after the 5 year cycle expires.

Let's say someone landed July 17, 2007 and the expiry date on their card is Aug 16, 2012. Is the five year time frame from Landing on July 17, 2007 + 5 years OR is it Landing in 2007 UNTIL Date of Expiry of card ?

Of course, regardless it is clear that it is strongly advisable to have 730 days (atleast) on the day of signing the application for PR renewal. However, would be nice to understand how that gap between 5 years completion of landing VERSUS the PR card expiring a month later is to be interepreted in terms of days accumulated in the "5 year period".

OR
Do the 730 (or more) days have to be accumulated before July 17, 2012 which means that extra time to Aug 16, 2012 (30 days) does not count in the 730 days count for PR???

It is 5 years from the date of landing.

 

[Leon]

It is always a rolling 5 year period. You should meet the residency requirements between July 17 2007 and July 17 2012 and you should also meet them between July 18 2007 and July 18 2012 and also between August 21st 2007 and August 21st 2012 and whatever other dates you can think of that are 5 years apart.

Immigration is not watching everybody 100% of the time so they may not know that you are a few days off. If they catch you, it could happen when you are entering Canada, they suspect you didn't meet the residency requirements and ask you to prove it. Otherwise it will happen when you apply to renew your PR card from inside Canada or apply for a travel document outside Canada. You will fill in what periods you lived in Canada, how many days and immigration will use their data to compare. If the comparison is off, they will ask you to prove it or if you apply with less than 730 days, they will want to revoke your PR which you can appeal based on humane and compassionate reasons.

In your case, go to Canada before your PR card expires and do not apply to renew your PR card until you have a solid 730 days between your application date and 5 years earlier and then you should be ok.

 

[us2yow]

It is always a rolling 5 year period. You should meet the residency requirements between July 17 2007 and July 17 2012 and you should also meet them between July 18 2007 and July 18 2012 and also between August 21st 2007 and August 21st 2012 and whatever other dates you can think of that are 5 years apart.

Immigration is not watching everybody 100% of the time so they may not know that you are a few days off. If they catch you, it could happen when you are entering Canada, they suspect you didn't meet the residency requirements and ask you to prove it. Otherwise it will happen when you apply to renew your PR card from inside Canada or apply for a travel document outside Canada. You will fill in what periods you lived in Canada, how many days and immigration will use their data to compare. If the comparison is off, they will ask you to prove it or if you apply with less than 730 days, they will want to revoke your PR which you can appeal based on humane and compassionate reasons.

In your case, go to Canada before your PR card expires and do not apply to renew your PR card until you have a solid 730 days between your application date and 5 years earlier and then you should be ok.

LEON: I am already here. I have accumulated nearly 4 months of physical presence since I first landed and BEFORE moving here to live full time for tax purposes (in other words, came up as a visitor a bunch of times since landing back in July 2007). ALSO, I moved up to Canada to live here full time as a permanent resident before the 2 year limit to PR ending kicked in (i.e. moved Before July 2010 in view of expiry in July 2012) . So, as you see I have (I) a "reserve" of days accumulated for occasional exits before July 2012; and (II) I moved here in good intent before the 2 year limit actually kicked in and demonstrated no "last minute" behaviors;
What you are saying is I should have 730 or more days on the date of my PR renewal application. SIDE DETAIL ORIENTED QUESTION: Do I have to send out the PR renewal application closer to the end of the five year cycle (July 16, 2010) or can I do it anytime after that as lomg as I stay here and dont leave at all (which is basically sitting tight here and not traveling overeas which is unrealistic).

 

[Leon]

Do not apply to renew your PR card until you have 730 days in Canada since landing. If you reach this date 6 months before your PR card expires, you can apply then and maybe your new PR card will then arrive before your current one expires. The processing time is quite long. If you reach this date closer to expiry of your card, apply then. If you reach this date only after your card expires, let it expire and apply then.

There is no law that states that you must always have a valid PR card while in Canada. Some older PR's who got their PR before the cards were issued and did not travel went years without getting one. You might possibly need one to prove your status sometimes, especially if you move to a new province and need a new DL and health etc. but your SIN proves that you are a PR and you have your landing papers and expired card and you can always tell people that your card is in the process of being renewed which takes months so that is a good explanation for why you don't have one.

Immigration policy also prevents them to looking further back in time than 5 years previous to your application. If you have not met the residency requirements but they don't catch you and you end up in Canada before your PR card expires, you could just sit tight until you meet the 730 days again and then apply to renew. They can not go back in time and say that you had lost your PR some years earlier.

 

[Alabaman]

Do not apply to renew your PR card until you have 730 days in Canada since landing. If you reach this date 6 months before your PR card expires, you can apply then and maybe your new PR card will then arrive before your current one expires. The processing time is quite long. If you reach this date closer to expiry of your card, apply then. If you reach this date only after your card expires, let it expire and apply then.

There is no law that states that you must always have a valid PR card while in Canada. Some older PR's who got their PR before the cards were issued and did not travel went years without getting one. You might possibly need one to prove your status sometimes, especially if you move to a new province and need a new DL and health etc. but your SIN proves that you are a PR and you have your landing papers and expired card and you can always tell people that your card is in the process of being renewed which takes months so that is a good explanation for why you don't have one.

Immigration policy also prevents them to looking further back in time than 5 years previous to your application. If you have not met the residency requirements but they don't catch you and you end up in Canada before your PR card expires, you could just sit tight until you meet the 730 days again and then apply to renew. They can not go back in time and say that you had lost your PR some years earlier.

Well Summarized.