For clarification . . .
I applied with 740 days. Now I have 769 days.
At this juncture, assuming (based on what you have shared in posts) you have been IN Canada more than a total of two years within the last two and a half years or so, there should be rather little risk that IRCC has much of an issue in regards to your compliance with the PR Residency Obligation. There is some risk of non-routine processing related to verifying RO compliance, but that should be relatively minimal unless IRCC/CBSA identifies a reason to question whether you have been in Canada the two plus years, total, you say you have been within the last three years or so.
So, at this juncture, in regards to the total number of days that count toward RO compliance, the fact that you had more than 730 days when the PR card application was made is the key factor in how this will go, and in particular indicates there should be little or no risk of IRCC contesting RO compliance
UNLESS something raises doubts about your account of days here.
The daily increase in days that count since making the application will not hurt, of course, but neither are they at all likely to change the course of processing.
Which is to say I largely agree with the gist of what
@scylla posted:
I'm not sure if there's much point in requesting the expedite in that case. Generally speaking, when someone has the number of days you do, IRCC will often route through more detailed / secondary reviews to confirm you do in fact meet RO. Note that the number of days you have is locked at the time you applied. How many you have now is irrelevant.
So that covers the situation here, for
@MaHab.
That said, , some clarification of this is warranted, and as much as I concur in the gist of this, I concur specifically in regards to the context here:
-- no risk of an outcome based on a RO breach (relying on the OP's count), but various factors increasing the risk of non-routine processing related to IRCC verifying the OP's RO compliance
Tangential Clarification Re Number of Days as of Date of PR card Application, or as of Later Date:
Again, for the
@MaHab situation, which is not unique but not typical either, how it goes will not be much influenced by the additional days NOW in Canada, days in Canada since the PR card application was made.
Otherwise, generally, the number of days a PR has been IN Canada NOW, as of any day, is relevant EVERY day, recognizing that RO compliance might be calculated any day (any day there is something that triggers a RO compliance assessment, like arriving at a PoE or applying for a PR TD to return to Canada from abroad, or a day the PR is interviewed attendant processing the PR card application)
; in particular, the count NOW is always relevant as of any day RO compliance is calculated, and the fact a PR card application is in process, or even approved and a new card issued, does not change this.
So, even though for
@MaHab the number of days toward RO compliance is in effect fixed (or "
locked" as
@scylla frames it) as of the date of the PR card application, that is about:
(1) determining RO compliance for purposes of eligibility to be issued a new PR card (730 or more days credit toward RO compliance)
(2) establishing the factual factors which will influence the nature and scope of IRCC inquiry attendant verification of RO compliance (that is, establishing what matters in whether IRCC routinely approves the application and issues a new card, or engages in some non-routine processing to verify RO compliance, which can range from minimal inquiry into particular details to referrals for processing "complex permanent resident card applications;" the latter can further range widely and can potentially include referral to CBSA for investigation)
There are other important aspects of RO compliance for which the count of days are NOT fixed,
not locked as of the date of a PR card application. Perhaps the most obvious example involves a PR who leaves Canada while the PR card is processing and needs a PR TD to return to Canada; the Visa Office will assess RO compliance based on the number of days as of the date of the PR TD application, not as of the date the PR card application was made, and this is true even if the PR card application has been approved. (This is not an issue for the OP given how recently the OP has been in Canada more than 730 days; it appears that the OP could leave and be absent for nearly three years before risking falling below 730 days within 5 years.)
Another example is a PR card application made when short of RO compliance. This is a little more complicated because how it goes can vary considerably depending on several factors when the PR is short of RO compliance as of the date a PR card application is made; the extent of the breach is a big factor, but the extent to which the PR made a case for H&C relief also looms large. IN most of these cases the days the PR continues to be IN Canada AFTER making the PR card application MUST be given credit in the RO calculation; that is, in most of these cases the number of days to be given credit is
NOT locked as of the date of the application.
In some cases, at least in the not-too-distant past, the short-application has triggered an immediate preparation of a 44(1) Report based on the number of days credit as of the date of the application. This does have the effect of
locking the RO credit as of that date because days in Canada after the date a 44(1) Report is prepared will NOT count toward RO compliance. But it appears this is NOT currently the standard approach.
In contrast, and this appears to be the far more common scenario, the short-application typically triggers complex case processing by the "
Domestic Network," which is described here:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/complex.html
Summary:
-- for purposes of whether the application is subjected to non-routine processing, including potentially being referred to the Domestic Network for complex case processing (which in some cases can result in a lengthy processing timeline), additional days in Canada after applying are not likely to have much impact (the OP's scenario, for example, in which it is fair to say that in determining how this goes is more or less locked as of the date of the application . . . with the caution that leaving Canada for an extended period after applying can trigger or escalate non-routine processing)
-- for purposes of whether a PR card application triggers a decision terminating PR status, generally (allowing for some exceptions), the PR will be entitled to the benefit of additional days IN Canada AFTER the PR card application is made (number of days credit NOT locked as of application date)
Example of the latter:
PR makes PR card application with RO credit of 673 days, short of meeting the RO. In most cases like this, assuming the application is not even processed for approximately 70 days, by the time IRCC opens the application, as long as the PR has been IN Canada since making the application this PR has cured the breach, having stayed in Canada long enough to be in Canada more than 730 days within the previous five years. This does not necessarily mean IRCC will routinely process the application and mail a new card, as it might still refer the application for complex case processing which could result in not getting a new card for a few to many months longer. But at least the PR is not in breach, not at risk of being determined to be inadmissible.
There are potential pitfalls or exceptions in some of these situations. So the conventional wisdom here (which I totally agree with)
is to wait and apply ONLY AFTER staying long enough to be in RO compliance as of the date of the application, rather than trying to navigate the nuances and potential pitfalls/exceptions. Be safe, not sorry.
Potential exceptions include a case where the application was made seven months prior to the expiration of the PR's card, six months prior to the fifth year anniversary of landing. Staying in Canada will not add days to the total RO credit, not until the fifth year anniversary (since those days already counted toward RO compliance) . . . so if this PR is called in for an interview up to seven months and more after applying, they will still be in breach of the RO at the time of interview, and at some risk of inadmissibility proceedings.
Another potential exception, a kind of pitfall, is the case where the count of days in the application includes days in Canada five years ago, days that will fall out of the calculation as they pass outside the relevant five years. If the PR is short when they make the PR card application, they will continue to be that short for as long as days five years previous are falling outside what counts.
And then there is the most common pitfall: the PR has a need to travel after making the PR card application, not only putting the short of RO PR card application at risk, but it also appears IRCC flags GCMS in these cases, increasing the risk of a RO enforcement examination leading to inadmissibility proceedings at the Port-of-Entry when the PR next returns, or attendant a PR TD application.
