Residency Obligation

[sanahuq]

Hello guys,

I have a question related to residency obligation.

Our PR cards are expiring in April 2021. We moved to Canada in May 2019. I want to apply for PR renewal.

If I apply before expiry i.e. April 2021, then 730 days will not be completed. My question is should I still apply before expiry or shall I wait to hit 730 days.

One more thing, how likely is it that the renewal gets rejected.

Thanks

 

[scylla]

Hello guys,

I have a question related to residency obligation.

Our PR cards are expiring in April 2021. We moved to Canada in May 2019. I want to apply for PR renewal.

If I apply before expiry i.e. April 2021, then 730 days will not be completed. My question is should I still apply before expiry or shall I wait to hit 730 days.

One more thing, how likely is it that the renewal gets rejected.

Thanks

Wait until you hit at least 730 days.

As long as you wait until you have at least 730 days then renewal should be approved.

Do not apply before 730 days.

 

[Buletruck]

Wait till you are compliant plus a decent buffer. Applying while you are not in compliance is guaranteed to, at a minimum, draw additional scrutiny and revocation at worst.

 

[sanahuq]

Wait until you hit at least 730 days.

As long as you wait until you have at least 730 days then renewal should be approved.

Do not apply before 730 days.

Thank you, appreciated.

One more question please, we became PR in Apr 2016 however our PRCs were issued in Jul 2019 so they are valid till Jul 2021.

Can I say that when we will be applying for renewal in May 2021 (once 730+ days reached) our PRCs would still be valid or it works from the date you become PR? so technically in May 2021 our PR would be expired but PRCs would be valid (sorry its confusing)

I know that it works from the day you become PR but not really sure about it because its really pops up questions in my mind that how come PR is expired but PRC is valid.

 

[canuck78]

Thank you, appreciated.

One more question please, we became PR in Apr 2016 however our PRCs were issued in Jul 2019 so they are valid till Jul 2021.

Can I say that when we will be applying for renewal in May 2021 (once 730+ days reached) our PRCs would still be valid or it works from the date you become PR? so technically in May 2021 our PR would be expired but PRCs would be valid (sorry its confusing)

I know that it works from the day you become PR but not really sure about it because its really pops up questions in my mind that how come PR is expired but PRC is valid.

Think you are getting confused between PR status and PR card. You have PR status and when your PR card expires you will still have PR status. You are allowed to work without a valid PR card because you still have PR status. You do need a valid PR card to fly into Canada. You can apply to renew your PR card after your current PR card has expired with no problem as long as you have been in Canada for over 730 days in the past 5 years. You will need to continue to meet the 730 days in the past 5 years on any day to retain your PR status. I would suggest you apply to renew when you have at a minimum a 2 month buffer. The big issue will be travel. When you don't have a valid PR card, travel becomes more difficult. If you are compliant with your RO when you are abroad you can apply for a PRTD to return to Canada by air if you don't have a valid PR card. You can use your expired PR card or COPR to cross at a land border but must meet your RO on the day you are entering Canada.

 

[Jigneshkansara09]

can you please update what happen to your case . I am in exact same situation as yours .
Much appreciated to share your case now that Sep 2021 is running .
Thanks .

 

[TeenaPD]

I am currently in the US on H1b. My PR card expires in Jan 2026. I did my landing after receiving COPR in Oct 2020. Since then, I have stayed for about 10 weeks in Canada till date. In order to fulfil the Residency Obligation and still be eligible for Pr renewal to be eligible for citizenship, do I just need to stay in Canada for 730 days?

 

[steaky]

I am currently in the US on H1b. My PR card expires in Jan 2026. I did my landing after receiving COPR in Oct 2020. Since then, I have stayed for about 10 weeks in Canada till date. In order to fulfil the Residency Obligation and still be eligible for Pr renewal to be eligible for citizenship, do I just need to stay in Canada for 730 days?

Short answer is no.

For citizenship, you need 3 years (1095 days)

 

[canuck78]

I am currently in the US on H1b. My PR card expires in Jan 2026. I did my landing after receiving COPR in Oct 2020. Since then, I have stayed for about 10 weeks in Canada till date. In order to fulfil the Residency Obligation and still be eligible for Pr renewal to be eligible for citizenship, do I just need to stay in Canada for 730 days?

The date on your PR card isn’t associated with your RO. To remain compliant as a PR you have to meet 730 days between Oct 2020 and Oct 2025. To qualify for citienshipyou must be in Canada 3 out of 5 years and continue to meet your RO as a PR until you are granted PR. Due to backlogs in processing citizenship some who left the country are no longer compliant with their RO for PR which they need to be to get citizenship.

 

[TeenaPD]

The date on your PR card isn’t associated with your RO. To remain compliant as a PR you have to meet 730 days between Oct 2020 and Oct 2025. To qualify for citienshipyou must be in Canada 3 out of 5 years and continue to meet your RO as a PR until you are granted PR. Due to backlogs in processing citizenship some who left the country are no longer compliant with their RO for PR which they need to be to get citizenship.

So irrespective of the expiry date on the PR card, do I need to stay in Canada for 730 days till Oct 2025 to fulfill RO?
Will this also make me eligible to ask for extension for 2 more years to fulfill the remaining (1095- 730) 365 days in RO so I can apply for citizenship?

 

[canuck78]

So irrespective of the expiry date on the PR card, do I need to stay in Canada for 730 days till Oct 2025 to fulfill RO?
Will this also make me eligible to ask for extension for 2 more years to fulfill the remaining (1095- 730) 365 days in RO so I can apply for citizenship?

Yes you must meet the 730 days by October 2025 to be compliant with your RO. You also must send in your PR card renewal application while in Canada. Once you pass the initial 5 years as a PR then have to be able to meet the 730 days in the past 5 years on any day. There is no need for a reason to extend your PR card. If you meet your RO then you qualify. I would suggest you have a buffer when it comes to returning to Canada to fulfill the 730 days because we see many examples on the forum of people planning on returning at the last minute to fulfill their RO and at the last minute there is a family emergency and they want to return to their home country or there is a health/medical issue that comes up and they prefer to remain in the US for care (for eg. pregnancy). Then they face a dilemma because if they don’t return to Canada they won’t be compliant with their RO. If you apply for a PR card renewal very close to the 730 days within the past 5 years or having done a lot of travel in the past 5 years you may face additional scrutiny of your applicqtion to ensure that you meet the RO so I would try to at least have a buffer of 2-3 months when apply for PR card renewal. In general most receive another ~5 year period until their next PR card expires. To qualify for citizenship you currently need to meet 1095 days within a 5 year period. The 5 year period can be at any time as long as you are a PR. Would suggest you read up on what is required to qualify for citizenship and keep updated on the requirements when you are accumulating days to fulfill the RO for citizenship especially if there are any changes in government at the federal level. It’s unclear whether there would be any changes if for example the nee Conservative leader gets elected but something to keep an eye on. If Trudeau remains in power there are unlikely to be any changes.

 

[UnitedBaller]

Yes you must meet the 730 days by October 2025 to be compliant with your RO. You also must send in your PR card renewal application while in Canada. Once you pass the initial 5 years as a PR then have to be able to meet the 730 days in the past 5 years on any day. There is no need for a reason to extend your PR card. If you meet your RO then you qualify. I would suggest you have a buffer when it comes to returning to Canada to fulfill the 730 days because we see many examples on the forum of people planning on returning at the last minute to fulfill their RO and at the last minute there is a family emergency and they want to return to their home country or there is a health/medical issue that comes up and they prefer to remain in the US for care (for eg. pregnancy). Then they face a dilemma because if they don’t return to Canada they won’t be compliant with their RO. If you apply for a PR card renewal very close to the 730 days within the past 5 years or having done a lot of travel in the past 5 years you may face additional scrutiny of your applicqtion to ensure that you meet the RO so I would try to at least have a buffer of 2-3 months when apply for PR card renewal. In general most receive another ~5 year period until their next PR card expires. To qualify for citizenship you currently need to meet 1095 days within a 5 year period. The 5 year period can be at any time as long as you are a PR. Would suggest you read up on what is required to qualify for citizenship and keep updated on the requirements when you are accumulating days to fulfill the RO for citizenship especially if there are any changes in government at the federal level. It’s unclear whether there would be any changes if for example the nee Conservative leader gets elected but something to keep an eye on. If Trudeau remains in power there are unlikely to be any changes.

Hello,

I have a valid PR card and if I land in Canada on 30th of this month, I would be able to satisfy only 700 days of the required 730 days of residency obligation in my first 5 years as PR since I did my landing in 2019. Would this be an issue at immigration? or would I be admitted to Canada and I could apply for a card renewal after living there for 730 days without leaving the country? Thank you.

 

[armoured]

Hello,

I have a valid PR card and if I land in Canada on 30th of this month, I would be able to satisfy only 700 days of the required 730 days of residency obligation in my first 5 years as PR since I did my landing in 2019. Would this be an issue at immigration? or would I be admitted to Canada and I could apply for a card renewal after living there for 730 days without leaving the country? Thank you.

Answered in your other thread.

 

[UnitedBaller]

Answered in your other thread.

Thanks a lot for your response. Do you think that I need to seek legal help and be better prepared for the immigration?

 

[armoured]

Thanks a lot for your response. Do you think that I need to seek legal help and be better prepared for the immigration?

Personal opinion, limited to your case, no, not yet. Just return to Canada as soon as possible, be prepared to remain in Canada unitl you are back in compliance, and have at least some ready explanation for why you were not able to return earlier (include covid in that explanation).

Not a guarantee, and particularly if you delay your return to Canada much more, risks may be different than I think.