RO days counting for renewal of PR

[jojok9]

Little confusion from different opinion seen in various discussions.

Calculation of residency obligation : Which is correct?

1. CIC will look back 5 years from the date of receipt of application at the CIC office.

2. CIC will look back 5 years from the date you signed the application.

3. CIC will look back 5 years from the date an officer starts to review the application, irrespective of above said 1 and 2.

Please clarify.

 

[wilson]

From:
OP 10 Permanent Residency Status Determination
Section 12. Procedure: Guidelines for examining the residency obligation

.....................
.....................

"An officer is precluded from examining any period other than the most recent five-year period immediately before the date the application is received in the visa office. As long as a permanent resident can meet the 730-day criteria during the most recent five-year period, earlier absences are not considered in the calculation of days"

.

 

[jojok9]

Hi Wilson,

Thanks for the reply.

I reviewed the given OP 10. The quoted portion seems like mentioning about Travel document application approval by Visa Office?. I am not sure because I am not an expert to understand such rules well like you guys.

Any other suggestions please by seniors?..

 

[Leon]

Make sure you have at least 730 days in Canada on all of those dates and then you are safe.

 

[zardoz]

And make sure that you also have 730+ days when you go to pick up your new card.
They can also check then to see if you meet the requirements, and report you if you don't...

 

[jojok9]

Thanks.

 

[Msafiri]

Little confusion from different opinion seen in various discussions.

Calculation of residency obligation : Which is correct?

1. CIC will look back 5 years from the date of receipt of application at the CIC office.

2. CIC will look back 5 years from the date you signed the application.

3. CIC will look back 5 years from the date an officer starts to review the application, irrespective of above said 1 and 2.

Please clarify.

IRPA regulations

Examination

28. For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by
(a) submitting an application in writing;
(b) seeking to enter Canada;
(c) seeking to transit through Canada as provided in section 35; or
(d) making a claim for refugee protection.

Based on the above and as per case law the reference point for the relevant 5 year period is based on the application date as per the relevant form filled out be it for a PRC, PRTD etc. So 2 in your bullet list above - to check any other date would be problematic!

 

[jojok9]

Thanks a lot msafiri for the advice.