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poshty Posts: 3
Posted On: 4/23/2018
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Hi,
I have landed in Canada as a permanent resident in July 2015, and I have been to Canada after landing 4 times thus accumulating 60 days in Canada, my question is that do these 60 days count as part of the 730 days required in a 5 years period to maintain my residency?
And as such I will be required to stay in Canada an additional 670 days in order to maintain my residency during the 5 years period and renew my PR card, right?
Thank you for answering both questions
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Moderator Moderator Posts: 4075
Posted On: 5/1/2018
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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 which days or periods are considered for 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.
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 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 or believe that you may not have met them, 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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poshty Posts: 3
Posted On: 5/1/2018
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Hi,
Thank you for the information, to make it simple any time I spend in Canada during the 5 years since i landed is counted for the 730 days residency obligation, right?
Thank you
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Moderator Moderator Posts: 4075
Posted On: 5/1/2018
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Hello,
You are welcome.
The way it works is, 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.
So, when re-entering Canada, basically, 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.
If you have concerns about meeting your residency requirements or believe that you may not have met them, 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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poshty Posts: 3
Posted On: 5/1/2018
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Hi Anna,
During the first 5 years of residency I have have to accumulate 730 days in Canada to maintain my residency obligation even if they are not continuous, right? In my situation if I accumlated 60 days in the first 3 years I need another 670 days in the last 2 years, correct?
Thank you again and sorry for disturbing you
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Moderator Moderator Posts: 4075
Posted On: 5/1/2018
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Hello,
No worries!
Thank you for your questions.
Unfortunately, it is difficult for us to provide definitive responses to specific situations.
However, you may be able to find this explanation from our Settlement.Org What are the residency requirements for permanent residents (PRs)? article helpful,
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. 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.
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.
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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