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Rolling Five Years and Renewing PR card 

Talba
Talba
Posts: 9


Posted On: 4/20/2018
Talba
Talba
Posts: 9
I would very much appreciate if some light is thrown over my confusion.

We became permanent resident of Canada on 28th October, 2010. We got our card renewed properly with the expiry date of 24 December, 2020.

Now we plan to land in Canada on 10 September, 2018. Our stay in Canada since 2013 has been as under:

From 23 October 2013 to 15th October, 2015: 670 days.

If now we land in Canada on 10th September, 2018, would we be able to fulfill our permanent residency requirement and be able to renew our PR card in 2020?


Will the rule of rolling five years affect our chances of renewal?

Many Thanks
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Moderator
Moderator
Moderator
Posts: 2468


Posted On: 22 days ago
Moderator
Moderator
Moderator
Posts: 2468
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this information.

We have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static.

Rather it is a move-able window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.


Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination, there may still be the opportunity to satisfy the two-year “in Canada” requirement.


Regarding the time you spend outside, 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,

2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.


and

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.

The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.

It is your responsibility to ensure that you are fulfilling your residency obligation.

In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:

  • Airplane tickets/boarding passes
  • Bus tickets/boarding passes
  • Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada
  • Hotel receipts

And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.


It is difficult for us to provide you with a definitive response regarding what will happen in your particular situation.


If you have concerns about meeting your residency requirements it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.


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.


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