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Physical presence calculation in Canada about to expire :(

Physical presence calculation in Canada about to expire :(

Old May 10th 2020, 9:07 pm
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Default Physical presence calculation in Canada about to expire :(

Hi Folks,
In a pickle here. I've been in UK while now and more so since we've been locked down. My plan was to get back in Feb before things changed the worse with the covid meltdown.
Now for my PR renewal According to my online presence calculator I'm still within my residency limit of being resident 1,095 within five years.

My total number of days is 1,123.
Does this mean I've got 28 days to get back to Canada or I lose my PR? If I play to go back July do I need to submit some sort of covid hardship case with my PR renewal application if I go past the 28 days?
Help and advice would be appreciated folks.
thanks,
BN
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Old May 10th 2020, 9:22 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Are you any of these categories
  • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
  • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
  • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

    If so then you are OK. If on the date you return to Canada you cannot meet the 1095 days residency obligation then you could be reported and issued a removal order which you can appeal. Also be aware that if reapplying from abroad they will not send you a new PR card so if returning you will need to apply for a PRTD. You should keep track of when any travel bans and lockdowns came into effect. Dependent when things become clearer and you cant travel then there will be some leniency given to those who can prove the pandemic was a major factor in them not being able to return at the earliest/safest opportunity.


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Old May 10th 2020, 9:43 pm
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Default Re: Physical presence calculation in Canada about to expire :(

No. Its just me a PR. Nothing of else in those categories. Returned last year here but had to overstay just over a year now.
If i stay longer that these 28 days remaining is worth taking the risk? Surely they will sympathies due to covid surely? ,
Yup , got a grilling from London high commission for my PRTD .- but got that okay now.

Last edited by BritCanadaNewbie; May 10th 2020 at 9:56 pm.
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Old May 10th 2020, 9:55 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Originally Posted by BritCanadaNewbie
No. Its just me a PR. Nothing of else in those categories. Returned last year here but had to overstay just over a year now.
If i stay longer that these 28 days remaining is worth taking the risk? Surely they will sympathies due to covid surely?
CBSA doesn't do sympathy we do empathy instead The only thing I can suggest is that you return to Canada as soon as you can bearing in mind lockdowns, self isolation on arrival etc etc. When does your current PR card expire?
If travelling before that date then OK if not then you will need to apply for a PRTD unless you fly back to the USA then drive across the border in a private vehicle.
There will be literally thousands in the same situation as yours and those who cannot meet the residency obligation will be assessed on a case by case basis. In your situation I wouldn't be losing any sleep over it provided you get back at the earliest opportunity.
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Old May 10th 2020, 10:05 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Originally Posted by Former Lancastrian
There will be literally thousands in the same situation as yours and those who cannot meet the residency obligation will be assessed on a case by case basis. In your situation I wouldn't be losing any sleep over it provided you get back at the earliest opportunity.
Yup got my PRTD. My PR card date expired back in Feb hence the new renewal app and presence calculator I've just done. Didn't want to get back in urgency but looks like I have to now with masks and goggles
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Old May 10th 2020, 10:46 pm
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Default Re: Physical presence calculation in Canada about to expire :(

The RO is 730 days in the past 5 years. You seem to be getting confused with physical presence for citizenship which 1095 days in the past 5 years.
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Old May 10th 2020, 11:03 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Originally Posted by bc2015
The RO is 730 days in the past 5 years. You seem to be getting confused with physical presence for citizenship which 1095 days in the past 5 years.
?

?? used this CIC online calculator (https://eservices.cic.gc.ca/rescalc/...New.do?lang=en)

According to the information you provided, you meet the requirement to be physically present in Canada for at least: (1,095 days in the five (5) years immediately before the date of your application

Permanent residence date 2014-12-27 Application date 2020-05-10
Days within eligibility period 1,827
Days absent 704
Total credit 1,123
Total Physical Presence 1,123

from the above 730-704 ....do I have to get back in 26 days?
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Old May 10th 2020, 11:10 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Originally Posted by BritCanadaNewbie
?

?? used this CIC online calculator (https://eservices.cic.gc.ca/rescalc/...New.do?lang=en)

According to the information you provided, you meet the requirement to be physically present in Canada for at least: (1,095 days in the five (5) years immediately before the date of your application

Permanent residence date 2014-12-27 Application date 2020-05-10
Days within eligibility period 1,827
Days absent 704
Total credit 1,123
Total Physical Presence 1,123

from the above 730-704 ....do I have to get back in 26 days?
That calculator is for citizenship only, it is not for calculating if you meet the RO for maintaining PR. Like I said to maintain PR the threshold is 730 days presence in the previous 5 years (or you are able to be absent up to 1095 days).

It even says it at the top

The physical presence calculator is for permanent residents applying for grant citizenship under subsection 5(1).
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Old May 10th 2020, 11:13 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Agree with BC2015.

The 'physical presence calculator' you link to clearly says 'To be eligible for Canadian citizenship, you must have been physically present in Canada for at least 1,095 days in the five years immediately before the date of your application.'

That is ONLY if you want to apply for Canadian citizenship. The residency obligation to retain Permanent Residence' is 730 days in the last 5 years. I am sure you can do the maths.

See here for PR residency obligation:

https://www.cic.gc.ca/english/helpce...qnum=727&top=4

Last edited by Hurlabrick; May 10th 2020 at 11:15 pm.
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Old May 10th 2020, 11:27 pm
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Default Re: Physical presence calculation in Canada about to expire :(

thanks guys! looking like i was pissing my pants for now reason lol.
Here's the reason for my mix up. I finished my citizenship app before I left Toronto. I've been brainwashed into thinking presence calculator requirements is for both- so glad they are both different thresholds.. Didn't realize it was completely different.
I'm also safe with my citizenship app too as I left Canada after I submitted (had a subsequent test date too which I'm awaiting a new test date of).

Phew! So glad you folks gave me the heads up lol.

I can sleep easy now

Last edited by BritCanadaNewbie; May 10th 2020 at 11:51 pm.
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Old Sep 19th 2020, 6:47 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Hi Guys,
Looks like the PR card renewal form pdf doesn't have the same make up as the citizenship form. What I mean by that is that Its seems a lot of cutting and pasting from the form into a word doc or something as the tables don't have enough rows etc (You can auto add rows to tables on the citizenship pdf)

So my specific question is - I can't find on the CIC site the PR calculator (730 Days) . Only the Citizenship calculator (1095 days) This is a great calculator it shows the number of days absent etc and your all good.
Now is there a PR 730 day calculator (i can't find) ? or can I use the CITIZENSHIP calculator print that off and use that?. It does say citizenship calculation but it shows all the trips etc and days qualification.
I just hope it doesn't bamboozle the clerk once they get the filled application and see citizenship on it. Or I should I just cut and paste into a separate word doc?

Oh another question is I was away from Canada 183 days or more shall I include a police certificate for the PR renewal?
thanks,
BCN

Last edited by BritCanadaNewbie; Sep 19th 2020 at 6:54 pm.
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Old Sep 19th 2020, 9:15 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Hi

Originally Posted by BritCanadaNewbie
Hi Guys,
Looks like the PR card renewal form pdf doesn't have the same make up as the citizenship form. What I mean by that is that Its seems a lot of cutting and pasting from the form into a word doc or something as the tables don't have enough rows etc (You can auto add rows to tables on the citizenship pdf)

So my specific question is - I can't find on the CIC site the PR calculator (730 Days) . Only the Citizenship calculator (1095 days) This is a great calculator it shows the number of days absent etc and your all good.
Now is there a PR 730 day calculator (i can't find) ? or can I use the CITIZENSHIP calculator print that off and use that?. It does say citizenship calculation but it shows all the trips etc and days qualification.
I just hope it doesn't bamboozle the clerk once they get the filled application and see citizenship on it. Or I should I just cut and paste into a separate word doc?

Oh another question is I was away from Canada 183 days or more shall I include a police certificate for the PR renewal?
thanks,
BCN
1. There is no PR calculator. You have to count the days in Canada yourself.
2. You complete question 19/20 and 21. And as it says, if there isn't enough room "print out an additional page. "
3. The document checklist doesn't request it, so you don't need it.
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Old Sep 19th 2020, 10:45 pm
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Default Re: Physical presence calculation in Canada about to expire :(

??
Can you use the table that citizen calculator produces (this gives your in and out days regardless of PR/Citizenship and put this onto the additional page?
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Old Sep 21st 2020, 11:32 am
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Default Re: Physical presence calculation in Canada about to expire :(

Originally Posted by BritCanadaNewbie
??
Can you use the table that citizen calculator produces (this gives your in and out days regardless of PR/Citizenship and put this onto the additional page?
There's a space on the PR card form to include time spent out of Canada. If you list every absence in there then it will calculate the total days for you. As PMM suggested, it's your job to keep track of that separately i.e. in a spreadsheet. There is a template this available on the IRCC website but it's a bit crap tbh. It's designed to be printed and hand written (probably to allow people to keep a little diary when they cross the US border) so you'd be better off using your own.
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Old Sep 21st 2020, 6:01 pm
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Default Re: Physical presence calculation in Canada about to expire :(

Yup got it done. I've printed an extra page 2. I just hope they remember to add up the total from the 2 pages.

Important question I need to know is that if I've been out of Canada more than 184 days should i sent a police certificate ? I got one anyway before I left uk?
thanks,
-Vish
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