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When does the 5-year period begin? 

ForumUser
ForumUser
Posts: 444


Posted On: 8/22/2016
ForumUser
ForumUser
Posts: 444
I renewed my Permanent Resident Card in December 2015. know I have to be at least 2 years in a period of 5 years to keep my residence. My question is:

Does this 5 year period begin to be counted since the moment I got my new PR card by renewal or I still have to count the days in or out before getting my new PR Card?
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PMM
PMM
Posts: 361


Posted On: 8/22/2016
PMM
PMM
Posts: 361
HI


ForumUser wrote:
I renewed my Permanent Resident Card in December 2015. know I have to be at least 2 years in a period of 5 years to keep my residence. My question is:

Does this 5 year period begin to be counted since the moment I got my new PR card by renewal or I still have to count the days in or out before getting my new PR Card?



1. No, it is a rolling 5 year period. IRCC looks back and forward to determine if you meet the residency obligations. For example from todays date, 22/08/16, they look back to 23/08/11 and you would have to have 730 days of residency in Canada. Next August they would look back to August of 2012 to determine the number of days residence. The date on your PR card doesn't really enter into the equation. For new PRs they look forward from the date of landing, to determine if you would be able to reside in Canada for 730 days from the date of your first "landing"
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Rehan Ali
Rehan Ali
Posts: 2


Posted On: 8/25/2016
Rehan Ali
Rehan Ali
Posts: 2
I have a related question, if some one can answer.
I landed in Canada on 17th July 2015 and stayed there till 30th August and left canada. PR card which is issued to me is from 14th September 2015 till 13 sep 2020.
Question:
Will my days spent in canada during my first landing will be counted towards 730 days obligation as my stay is out of my PRC dates.
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Rehan Ali
Rehan Ali
Posts: 2


Posted On: 8/25/2016
Rehan Ali
Rehan Ali
Posts: 2
I have a related question, if some one can answer.
I landed in Canada on 17th July 2015 and stayed there till 30th August and left canada. PR card which is issued to me is from 14th September 2015 till 13 sep 2020.
Question:
Will my days spent in canada during my first landing will be counted towards 730 days obligation as my stay is out of my PRC dates.
link
PMM
PMM
Posts: 361


Posted On: 8/25/2016
PMM
PMM
Posts: 361
Hi

Rehan Ali wrote:
I have a related question, if some one can answer.
I landed in Canada on 17th July 2015 and stayed there till 30th August and left canada. PR card which is issued to me is from 14th September 2015 till 13 sep 2020.
Question:
Will my days spent in canada during my first landing will be counted towards 730 days obligation as my stay is out of my PRC dates.


1. Yes, they count.
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kelbs
kelbs
Posts: 1


Posted On: 7/2/2017
kelbs
kelbs
Posts: 1
I am a permanent resident of Canada and if I will be NOT in Canada for 2 years and 6 months straight and come back in Canada and stay for 2 years and 6 months straight to complete the five year period, is there any issue for this concern regarding my permanent resident status? Thanks.
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Moderator
Moderator
Moderator
Posts: 2151


Posted On: 7/12/2017
Moderator
Moderator
Moderator
Posts: 2151
Hello,

Thank you for sharing your situation and questions with us.

As you already know, as a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.

The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

You can find some additional information regarding meeting your residency requirements in our Settlement.Org What are the residency requirements for permanent residents (PRs)? article.

In terms of the process when re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.


You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:



"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).




I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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