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julia.a3456 Posts: 12
Posted On: 11/9/2017
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I would like to inquire about date I should be taking into consideration to determine whether the residency obligation to maintain a permanent resident status.
Is it the date on landing (date a person become a PR) or the date of expiry mentioned on the PR card?
Thank you
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Moderator Moderator Posts: 4142
Posted On: 11/22/2017
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in determining which date it is.
If you have a PR card, it is important to note that the PR card's expiry date has no correlation between whether or not you have met the residency requirements.
It is very important to note that the date on the PR card just indicates that you are a PR. The fact that someone's PR card is still valid does not mean that they have met their residency requirements.
You still have to meet the residency requirements.
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.
So, although it is possible to stay up to 3 years outside of Canada, if you leave Canada for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.
Basically what happens is that, each time you enter Canada, the officer may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
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 moveable 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), you may still have the opportunity to satisfy the two-year “in Canada” requirement.
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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Ssidhu Posts: 1
Posted On: 12/8/2017
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Hi
I am a new immigrant. I landed on sept 19, 2017. I was requested to send the photos for PR card on Nov 8. I sent those out on Nov 10. I have not yet recieved my PR card. I need to travel back to India on Dec 20 for my wedding. What are my options? What should I do now? I know that I need the PR card to enter Canada. I will return by Jan 18, 2018. Please guide me about what should I do ?
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PMM Posts: 661
Posted On: 12/8/2017
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Hi
Ssidhu wrote:
Hi
I am a new immigrant. I landed on sept 19, 2017. I was requested to send the photos for PR card on Nov 8. I sent those out on Nov 10. I have not yet recieved my PR card. I need to travel back to India on Dec 20 for my wedding. What are my options? What should I do now? I know that I need the PR card to enter Canada. I will return by Jan 18, 2018. Please guide me about what should I do ?
1. If you PR card arrives in Canada before you are ready to return (unlikely) it could be couriered to you in India. Your only other choice is to apply for a PR Travel Document in India. Posters in other forums says that it has been taking 3/4 weeks for a PRTD.
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syedm_faisal79 Posts: 8
Posted On: 1/7/2018
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Dear Sir/Madam
Good Day..
I have a similar question and just want to clarify something related to this post.
You have mentioned that the " once we enter Canada the officer may calculate 5 years back from the date you have entered or reentered Canada"
1. My question: If I re-enter in the Canada after 3 years from my first landing and still 2 years remaining, how in this case he will see 5 years history as these are just 3 years.
2. I landed in Canada in 2015 March 19th, and left at April 10th . I want to re-enter in Canada in Feb 2018. Will officer will ask me any question about my stay outside Canada, that why I was outside for so long?? Secondly If I leave in 10days after dropping my family and reenter again will they allow me to enter or not.
3. What I understand from your post then even I can enter inside Canada on the last day of my PR card expiry, then stay 2 years then apply for PR Card renewal. Is this right.
Thanks..
Syed
Moderator wrote:
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in determining which date it is.
If you have a PR card, it is important to note that the PR card's expiry date has no correlation between whether or not you have met the residency requirements.
It is very important to note that the date on the PR card just indicates that you are a PR. The fact that someone's PR card is still valid does not mean that they have met their residency requirements.
You still have to meet the residency requirements.
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.
So, although it is possible to stay up to 3 years outside of Canada, if you leave Canada for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.
Basically what happens is that, each time you enter Canada, the officer may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
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 moveable 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), you may still have the opportunity to satisfy the two-year “in Canada” requirement.
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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link
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