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...

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???

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

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?

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

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.

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

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?

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

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

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...

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

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

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?

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

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).

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

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...

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

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).

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

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.

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

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.

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

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

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

There really is no way to get around the residency obligation, Canada quite rightly only wants people that are committed to the country and actually live there to have PR. If you enter in May 2018, and the border officer realises that you won't be able to meet the residency requirements before the 5 years is up (which is likely), they you will be reported and have to go to a hearing, where unless you can prove that you have actually been in Canada you will have PR revoked.

Do also note that it's every 5 years that you must maintain 730 days in Canada, so you can't just go there and leave again after a few months if you want to keep PR.

If you choose to not move until May 2018, then you will in all likelihood lose your PR status in Canada, so unfortunately you have a choice to make. You say that you don't want to lose PR status, so it seems simple to me - you must move back to Canada in 2017, and not leave it until 2018.

HTH.

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

I am only going to deal with what the law says and not WHAT IF.

All PR's must maintain the residency obligation which is 730 days (2 years) in a rolling 5 year period. In your case depending on the date when you arrive back in Canada it is have you spent or will be able to spend 730 days from 4 Nov 2014 to 4 Nov 2019. If you have not or cannot meet the 730 days then you are in non compliance with the Act and reportable and will be issued a removal order which can be appealed. You must submit an appeal within 30 days of the report. If no appeal submitted then after that 30 day period the removal order comes into effect and you must leave Canada within 30 days and have your departure confirmed by CBSA otherwise it becomes a deportation order.

There are exceptions to the 730 day residency obligation and also Humanitarian & Compassionate grounds for the appeal. I suggest you read this whole chapter in the link provided at the end and pay particular attention to sections 7 starting on page 18 and ending on page 31.

Please don't ask questions well what if this or what if that as they are impossible to answer.
You chose to become a PR of Canada and it is up to you to meet the requirements.
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

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

Really thanks to FL and all other seniors who helped me to understand the subject matter.

As advised I will also read the manual in above link.

Regards