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730 day rule

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wonderer View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote wonderer Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jan 2011 at 2:55pm
i have similar concern, but my case is little different.

i became permanent resident in 2007. technically I could meet my residency status if i live in canada until 2012 august. and i will have all together 730 +16 days in 5 years mark. actually i have 5 years 1 months and few days time on my PR card.

now i am in canada but i need to go overseas for 7 days, which i can deduct from 16 days and after coming back spending 7 days overseas, if i dont go out of country again until 2012, i could meet 730 days without trouble.

could you please advice me on it. am i right in doing my math?

there is another 1095 days stay requirement, that i could not meet, becuse i have spent more than 1095 days outside canada after getting my PR.

I went to Immigration office to ask this and they mention about 730 days requirement and i was told its safe to go according to math. they did not mention about 1095 days.

Could you please advice on this too. will it be safe for me to go out of Canada for 7 days.


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canvis2006 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jan 2011 at 6:37pm
You should be ok as per CIC, as long as you meet the 730 days requirement.

The 1095 day requirement is for citizenship eligibility.
See below on the link and read:

http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#time

Hope this helps
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wonderer View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote wonderer Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jan 2011 at 7:38pm
Thank you for your reply. 

I have also checked to apply process of new PR card. See the video please. It says how to fill up form to apply for new PR card:


In section D it says about 1095 days.

Will I be in trouble for not meeting this 1095 days requirement when I apply for new PR card?


Thanks again
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jan 2011 at 9:32pm
I am not certain, not at all, but I have the strong impression that it is simply NOT a good idea to apply to renew the PR card unless and until you have met the 730 residency obligation.

The 1095 days in section D of the instructional materials you linked is about a PR who has, in the last five years, been absent for 1095 or more days . . . basically the other side of the 730 days in five years coin. Five years equals 1095 days plus 730 days (remember, February 29 in leap years does not count, not either way, it is as if the day never existed).

The first five year period runs from the date you landed -- the date your PR card expires is basically totally irrelevant (even though for the first time round, it will expire around five years later plus however long it took to process it). Again, the obligation to get in 730 days in Canada is to have that done by the 1825th day (not counting any Feb 29) following THE DAY YOU LANDED.

Beginning the day after your fifth year anniversary since landing, you must always have been in Canada for 730 days in the immediately preceding five year time frame in order to not be in breach of the residency obligation. Thus, for example, if your PR card expires five years plus 35 days after you landed . . . by the day your PR card expires you must have been in Canada 730 days NOT counting any of the first 35 days after landing (because they precede, that is are outside, the five year time frame) . . . and so on and so on into the future.

Bottom line: if at all possible avoid travel except this one trip you are talking about, and do not apply for the PR card renewal until you can document 730 days in Canada. There is nothing wrong with letting the PR card expire except you cannot use it to travel abroad! Just live with an expired PR card until you can safely apply for a new one showing you have met the residency requirement.

Now this is not absolutely necessary! They are fairly lenient, it appears, about not meeting the 730 day requirement depending though on circumstances, the why, and so on . . . but there is no reason to take any chances with this, best to simply wait until you are in compliance with the 730 requirement and then apply.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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merksy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote merksy Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2011 at 8:27pm
If you cannot make it for a lomger period, is it a good or bad thing to enter Canada for 1 day just to get your passport stamped?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote merksy Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2011 at 8:29pm
A related question is: If you cannot make it for a longer period for now, is it a good or bad thing to enter Canada for 1 day to get your passport stamped?
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wonderer View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote wonderer Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2011 at 9:40pm
I think question is not clear
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Post Options Post Options   Thanks (0) Thanks(0)   Quote merksy Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2011 at 11:00pm
I posted in an earlier thread, I have fallen very short of meeting the 730 day requirement, and will not meet it when my card expires in Aug 2011. I am trying to move permanently by July 2010, though still doubtful since I am not finished my studies in the US. I have not been to Canada since 2008.I wondered if it would help if I travelled for just one day or a weekend every month while the card is still valid, or would that just raise red flags?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2011 at 1:51am
I do not know how this particular scenario would play out.

July 2010 is long past now. Aug 2011 is just over 200 days away.

The variables at play are many, and difficult to definitively predict. One can mostly talk about risks, perhaps even to some extent probabilities, but more of the "if ... then" sorts of probabilities because, again, there are so many variables and so many directions the POE contact can go in.

Bottom line though: less than 300 days in Canada by fifth year anniversary sounds like a high risk for a residency examination at the POE followed by a inadmissibility report and removal order . . . not at all certain how it would go, but I suspect the risk is high, though, again, depending on other factors: immediate family well-established in Canada probably would help, a firm job in Canada probably would help, but whether or not they would help enough I do not dare guess.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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wonderer View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote wonderer Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2011 at 10:27pm
one more question.

Considering my scenario, the purpose of my short trip (7 days) will be to get married. Will I be able to sponsor my wife after i come back, provided i will have full time permanent job in Canada.
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