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-   -   730 Days Condition for PR Card Renewal !!! (https://britishexpats.com/forum/immigration-citizenship-canada-33/730-days-condition-pr-card-renewal-876672/)

shaikho69 Apr 28th 2016 9:13 pm

730 Days Condition for PR Card Renewal !!!
 
Hello everybody,
If a PR holder family spend 6oo days in Canada before expiring their PR Cards and will remain stay in Canada for next 130 days in order to complete 730 days and after that apply for PR Cards Renewal.
So in that circumstances, will thier PR cards be renewed?
Please advise...

Zoe Bell Apr 28th 2016 9:30 pm

Re: 730 Days Condition for PR Card Renewal !!!
 
How many days in the last 5 years has the person spent in Canada.
Ignore the date on the PR card.

According to previous posts you are in Australia???

shaikho69 Apr 28th 2016 9:54 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by Zoe Bell (Post 11935018)
How many days in the last 5 years has the person spent in Canada.
Ignore the date on the PR card.

According to previous posts you are in Australia???

Yes I was in Australia but left.
Thanks for your reply but i do not understand clearly.
Could you please eloberate more as someone confused me that it is not possible. The condition of 730 days must be fulfilled before expiring the first 5 years from the date of entry.
Is it like that?

Almost Canadian Apr 28th 2016 9:57 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by shaikho69 (Post 11935032)
Yes I was in Australia but left.
Thanks for your reply but i do not understand clearly.
Could you please eloberate more as someone confused me that it is not possible. The condition of 730 days must be fulfilled before expiring the first 5 years from the date of entry.
Is it like that?

No, every PR must be able to show that they have spent at least 730 in Canada in any 5 year period after they landed.

shaikho69 Apr 28th 2016 10:05 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by Almost Canadian (Post 11935034)
No, every PR must be able to show that they have spent at least 730 in Canada in any 5 year period after they landed.

So it means, if our PR cards will expire at the end of first 5 years from our date of entry, then we should wait and first complete the remaining days to complete 730 days and after that we should send PR cards renewal application?

Former Lancastrian Apr 28th 2016 10:08 pm

Re: 730 Days Condition for PR Card Renewal !!!
 
From CIC Manual ENF 23

The most direct way a permanent resident can show that they have fulfilled their residency
obligation under the Immigration and Refugee Protection Act (IRPA) is to demonstrate that they were physically present in Canada for the specified minimum number of days (that is, 730 days within the previous 5 year period immediately preceding examination) pursuant to A28(2)(a)(i).

7.3 Persons who have had permanent resident status less than five
years
A28(2)(b)(i) provides that if a person has been a permanent resident for less than five years, they must demonstrate, at examination, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident.
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

shaikho69 Apr 28th 2016 10:43 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by Former Lancastrian (Post 11935041)
From CIC Manual ENF 23

The most direct way a permanent resident can show that they have fulfilled their residency
obligation under the Immigration and Refugee Protection Act (IRPA) is to demonstrate that they were physically present in Canada for the specified minimum number of days (that is, 730 days within the previous 5 year period immediately preceding examination) pursuant to A28(2)(a)(i).

7.3 Persons who have had permanent resident status less than five
years
A28(2)(b)(i) provides that if a person has been a permanent resident for less than five years, they must demonstrate, at examination, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident.
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

Ooops so confusing...
how can it determined that in which category we will be considered either A28(2)(b)(i) or A28(2)(b)(ii) ??
And what should we do now?
Please guide...

bc2015 Apr 28th 2016 10:46 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by shaikho69 (Post 11935067)
Ooops so confusing...
how can it determined that in which category we will be considered either A28(2)(b)(i) or A28(2)(b)(ii) ??
And what should we do now?
Please guide...

It might be useful to know the dates you entered and left Canada. Posters might be able to better respond then.

Zoe Bell Apr 28th 2016 10:57 pm

Re: 730 Days Condition for PR Card Renewal !!!
 
It's really easy. In the last five year have you been in Canada for 730 days or more?

Former Lancastrian Apr 28th 2016 11:10 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by shaikho69 (Post 11935067)
Ooops so confusing...
how can it determined that in which category we will be considered either A28(2)(b)(i) or A28(2)(b)(ii) ??
And what should we do now?
Please guide...

Have you been a PR of Canada for less than 5 years? If yes then A28(2)(b)(ii).

If a PR for more than 5 years then A28(2)(a)(i).

shaikho69 Apr 28th 2016 11:12 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by bc2015 (Post 11935069)
It might be useful to know the dates you entered and left Canada. Posters might be able to better respond then.

Much appreciate your reply.
My time is below:
PR As FSW
04.11.2014 Date of Entry
20.01.2015 left Canada
O3.11.2019 PR card expiry
Due to some family reasons we intend to permanently move to canada in May-June 2018, tentatively.
So by that way, we would able to show approx. 20 months physical presence in Canada before PR Card Expiry date...that means approx 4 month short to 2 years (730 days) obligation.
Now in view above situation..please guide...

Aviator Apr 28th 2016 11:28 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by shaikho69 (Post 11935087)
Much appreciate your reply.
My time is below:
PR As FSW
04.11.2014 Date of Entry
20.01.2015 left Canada
O3.11.2019 PR card expiry
Due to some family reasons we intend to permanently move to canada in May-June 2018, tentatively.
So by that way, we would able to show approx. 20 months physical presence in Canada before PR Card Expiry date...that means approx 4 month short to 2 years (730 days) obligation.
Now in view above situation..please guide...

Not sure what guidance you are looking for. Forget PR card or its expiry, it has nothing to do with your residency obligation. So long as you meet the residency obligation and it stands up to scrutiny, your PR card can be renewed at any time (from within Canada).

bc2015 Apr 28th 2016 11:32 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by shaikho69 (Post 11935087)
Much appreciate your reply.
My time is below:
PR As FSW
04.11.2014 Date of Entry
20.01.2015 left Canada
O3.11.2019 PR card expiry
Due to some family reasons we intend to permanently move to canada in May-June 2018, tentatively.
So by that way, we would able to show approx. 20 months physical presence in Canada before PR Card Expiry date...that means approx 4 month short to 2 years (730 days) obligation.
Now in view above situation..please guide...

So it looks to me like if you enter in May-June 2018, you will not be able to meet the residency requirement at the POE. I'm not sure what would happen, maybe FL could comment.

Former Lancastrian Apr 28th 2016 11:58 pm

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by shaikho69 (Post 11935087)
Much appreciate your reply.
My time is below:
PR As FSW
04.11.2014 Date of Entry
20.01.2015 left Canada
O3.11.2019 PR card expiry
Due to some family reasons we intend to permanently move to canada in May-June 2018, tentatively.
So by that way, we would able to show approx. 20 months physical presence in Canada before PR Card Expiry date...that means approx 4 month short to 2 years (730 days) obligation.
Now in view above situation..please guide...

The 5 year clock started on 4 Nov 2014 when you did the landing.
You left Canada on 20 Jan 2015 so that would give you 78 days of physical presence.
So you need another 652 days physical presence in Canada before 4 Nov 2019.

3 Nov 2019 minus 365 days is 3 Nov 2018 so that would leave a balance of 287 days to be present in 2018 so you need to rethink your arrival date back in Canada.
Perhaps you are thinking 2017 and not 2018 to return.

shaikho69 Apr 29th 2016 7:49 am

Re: 730 Days Condition for PR Card Renewal !!!
 

Originally Posted by Former Lancastrian (Post 11935115)
The 5 year clock started on 4 Nov 2014 when you did the landing.
You left Canada on 20 Jan 2015 so that would give you 78 days of physical presence.
So you need another 652 days physical presence in Canada before 4 Nov 2019.

3 Nov 2019 minus 365 days is 3 Nov 2018 so that would leave a balance of 287 days to be present in 2018 so you need to rethink your arrival date back in Canada.
Perhaps you are thinking 2017 and not 2018 to return.

Thanks FL for clearly explaining the situation.
As I explained earlier that due to some family reason its difficult for us to permanently move to Canada before May 2018.
I know that, if we move in 2017 then definitely there will be no problem and we could easily complete 730 days condition.
But our concern is that if we will arrive in
May 2018 and could not complete 730 days before 3 Nov 2019 (which is also expiry of our PR Cards), then what will happen;
1. Shall we loose our PR status or not?
2. Shall we eligible to apply renewal of our PR cards on or before 3 Nov 2019, even we will have short of approx 4 months to complete 2 years (730 days) condition?
3. Or shall we wait to complete the balance days (say 4 months) and then after completion of 730 days (in March 2020), we will apply for PR card renewal?
I know the purpose of PR card is just an evidence of PR and it used for travelling in-out Canada...
But the condition of 730 days for maintaining PR status worries us..
So please advise us which one of the above listed 3 scenarios would be possible with us, if we permanently move in May 2018?
Sorry to bother you guys but this is very important for us to clear about this, so accordingly we will decide correctly. And also we do not want to loose our PR status.
Regards


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