PR 730 day rule

Old Jan 9th 2023, 9:36 am
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Default PR 730 day rule

I became a PR on the 2 November 2022 and many thanks to everyone on here who helped me along the way.

We now need to sell our home and business but that may take a couple of years, so whilst we are still in the UK

The IRCC states.....
"Can my time abroad count toward my permanent resident status?
It depends on what you do and who you travel with. Your time outside of Canada may count toward your permanent resident status if you meet this condition:

You travel with a spouse or common-law partner
Your spouse or common-law partner needs to be:

a Canadian citizen,

So the question is this, my Canadian partner has UK residency with me in the UK, does that count as "travel" for her? I don't believe it does and think IRCC mean this applies if you say live in Canada and go on holiday abroad??

Also, my passport wasn't stamped when I left Canada a few weeks ago so how do they check the 730 ruling, I'm assuming they keep a running total on their computer system and it's updated every time passports are scanned at the airport?
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Old Jan 9th 2023, 9:39 am
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Default Re: PR 730 day rule

Originally Posted by Sunnybrae
So the question is this, my Canadian partner has UK residency with me in the UK, does that count as "travel" for her? I don't believe it does and think IRCC mean this applies if you say live in Canada and go on holiday abroad??
Nope, it means anytime with her abroad. So you can both stay in the UK for the next 10 years if you want, and you'd still maintain your PR status. Obviously you'd need to be living together and be able to prove it when it comes to renewal, but any time with her abroad counts as time in Canada for PR purposes.

And it's all done electronically, any border officer can see the exact dates you left/entered Canada with a couple of computer clicks!

HTH.
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Old Jan 9th 2023, 9:50 am
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Default Re: PR 730 day rule

Originally Posted by christmasoompa
Nope, it means anytime with her abroad. So you can both stay in the UK for the next 10 years if you want, and you'd still maintain your PR status. Obviously you'd need to be living together and be able to prove it when it comes to renewal, but any time with her abroad counts as time in Canada for PR purposes.

And it's all done electronically, any border officer can see the exact dates you left/entered Canada with a couple of computer clicks!

HTH.
Ok, many thanks, that's great to hear, out of interest do IRCC actually define that anywhere?

I do believe you but I don't trust Governments, it won't be an issue for us meeting the rule but when you think 2 years in every 5 isn't much, 4.5 months a year is a lot if you spread it out equally.
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Old Jan 9th 2023, 9:55 am
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Default Re: PR 730 day rule

Originally Posted by Sunnybrae
Ok, many thanks, that's great to hear, out of interest do IRCC actually define that anywhere?
Yes, of course, any immigration rule is law so has to be defined.

https://www.canada.ca/en/immigration...residence.html

and

https://www.canada.ca/content/dam/ir...p/op10-eng.pdf

and

https://laws-lois.justice.gc.ca/eng/...ection-28.html

HTH.
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Old Jan 9th 2023, 10:01 am
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Default Re: PR 730 day rule

Originally Posted by christmasoompa
And it's all done electronically, any border officer can see the exact dates you left/entered Canada with a couple of computer clicks!
Mildly off topic, but do you know how they work out the dates when you leave Canada, given that the country doesn't do exit checks? Do they get the information from airlines?

(just to be clear, I'm interested not for any nefarious purposes but out of curiosity)
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Old Jan 9th 2023, 10:04 am
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Default Re: PR 730 day rule

Originally Posted by christmasoompa
Thank you
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Old Jan 9th 2023, 12:28 pm
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Default Re: PR 730 day rule

Originally Posted by DeanN
Mildly off topic, but do you know how they work out the dates when you leave Canada, given that the country doesn't do exit checks? Do they get the information from airlines?

(just to be clear, I'm interested not for any nefarious purposes but out of curiosity)
Put simply, this means that the permanent resident bears the full responsibility of

demonstrating - with supporting documentation as considered necessary by an officer - that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.

The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.

Not all PR's leave Canada using an airline. There is this thing called the land border that you can drive across so I as a CBSA officer would find it pointless contacting an airline if you had driven across the border.
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Old Jan 9th 2023, 4:41 pm
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Default Re: PR 730 day rule

Originally Posted by DeanN
Mildly off topic, but do you know how they work out the dates when you leave Canada, given that the country doesn't do exit checks? Do they get the information from airlines?

(just to be clear, I'm interested not for any nefarious purposes but out of curiosity)
They do record your exits now

https://www.canada.ca/en/immigration...ntry-exit.html

With the passing of Bill C-21, An Act to amend the Customs Act, data on all travellers (including Canadian and U.S. citizens) has begun to accumulate as of July 11, 2019, for travel by land. On June 25, 2020, the CBSA began collecting pre-departure exit information and exit records directly from commercial air carriers. Commercial air carriers will have until November 2022 to comply.
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Old Jan 10th 2023, 10:55 am
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Default Re: PR 730 day rule

Originally Posted by bc2015
They do record your exits now
Ah, that's interesting to know. Thank you!
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Old May 7th 2023, 12:10 pm
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Wink Re: PR 730 day rule

This is really useful for our situation as well. One thing I can't seem to find much detail on is the implications of staying in the UK while being a PR in Canada. Does this affect my tax status, employee status or the tax we pay when selling our house etc.. ? My wife is Canadia and is a PR in the UK and had to declare this so she only pays tax in UK - If I become a PR in Canada but stay in UK for a couple of years to prepare to move (living with my spouse) then what impact is there ? Can you be a dual PR holder ?

Thanks in advance !

Rich
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Old May 7th 2023, 2:40 pm
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Default Re: PR 730 day rule

Originally Posted by rvdavis789
This is really useful for our situation as well. One thing I can't seem to find much detail on is the implications of staying in the UK while being a PR in Canada. Does this affect my tax status, employee status or the tax we pay when selling our house etc.. ? My wife is Canadia and is a PR in the UK and had to declare this so she only pays tax in UK - If I become a PR in Canada but stay in UK for a couple of years to prepare to move (living with my spouse) then what impact is there ? Can you be a dual PR holder ?

Thanks in advance !

Rich
You are presumably a British citizen? So you wouldn't be a dual PR, but it seems you're asking about tax residency, and you'd only be tax resident in one country. You wouldn't be tax resident in Canada until you actually move there.

Do also check in to if your wife could apply for British citizenship before you move - if she has ILR then she'd lose that after 2 years out of the UK so it would be quite a hassle if you wanted to move back at any point, whereas if she was a dual citizen she could come and go freely.

HTH.
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