. . . I could really use some advice on the whole PR card renewal thing, so I'm reaching out to the experts (that's you!).
Quick rundown: I rocked a student visa from August 2014 to June 2017 and then switched to a work permit until December 2019—all the while basking in the beauty of Canada. Got my PR card in January 2020, and it's good to go until January 2025.
Now, here's the plot twist. I jetted off to India in February 2022 for my wedding and got stuck there all thanks to the lovely Covid situation. Don't worry, though—I've been hustling remotely for a Canadian company and keeping my Canadian ties alive (taxes, mortgage, you name it).
Here's the kicker: From Jan 2020 till now, I've only been physically present in Canada for a grand total of 13 months. Yup, that's it. And my PR card is set to expire in January 2025 with just 13 months to go.
Breaking it down:
- Aug 2014 to Dec 2019: 5 years - Student visa and Work permit
- Feb 2021 to Dec 2021: 11 months - PR status
- May 2023 to July 2023: 3 months - PR status
So, what's the deal? I want to renew my PR card, but I also want to keep doing my thing outside Canada for personal reasons for as long as possible in 2024. Do I have to park myself in Canada for all of 2024 to make the cut for PR renewal as 2 years of RO is required for a renewal, or can I swoop in during 2024 Q3/Q4 right before my card throws in the towel in January 2025 and still make it work by overstaying a bit after the card expires, until Q3 2025, and somehow make the eligibility cut without a valid PR card?
Caveat: I am NOT an expert. NOT close. And I would not count on anyone posting here to be an expert.
For expert advice, see a lawyer. And yeah, that costs money (a free consultation, like any other advice from a lawyer, is at best only worth what you have paid for it).
That said,
probably no need for expert advice. It appears you are asking how the PR Residency Obligation applies and that really is not complicated.
As long as you are not outside Canada for more than 1095 days after the day you landed, the day you became a Canadian PR, you are in compliance with the RO. As long as you are in compliance with the RO, your status is good. So no problems at the Port-of-Entry when returning here. No problem applying for a new PR card.
If prior to the fifth year anniversary of the day you landed you are outside Canada more than 1095 days, as of then (when you go over 1095 days outside Canada) you would be in breach of the RO, meeting the definition of "
inadmissible," and at risk for RO enforcement proceedings potentially leading to loss of PR status.
I note that there appears to be some inconsistencies or at least incongruities in the dates in your query (did you leave Canada in December 2021 or February 2022; and it is not clear where you were between landing January 2020 and February 2021), but for purposes of calculating your compliance with the RO what matters is
-- the number of days outside Canada since landing (if this never exceeds 1095, then you are in compliance), and
-- the number of days IN Canada after landing AND within the previous five years (as long as this is at least 730, you are in RO compliance)
Otherwise . . . If you fail to comply with the RO, but manage to return to Canada without being the subject of inadmissibility proceedings, best to STAY and WAIT until you have remained in Canada long enough to get into RO compliance before applying for a new PR card (and also before leaving Canada again). That means staying at least long enough that the number of days IN Canada within the previous five years totals more than 730. How long that takes depends on the particular details in regards to what days the PR has been in Canada. Remember, only days IN Canada within the last five years count; so, for example, beginning in February 2026 those days you were in Canada back in 2021, Feb to Dec 2021, start to fall outside the RO calculation.
As already noted, you will be in breach of the RO if prior to the fifth year anniversary of the day you landed (that is, if during your first five years of being a PR) you remain outside Canada more than 1095 days since landing. Additionally, you will be in breach of the RO if after the fifth year anniversary of the day you landed you are outside Canada more than 1095 days within the preceding five years. Any time you are in breach of the RO, which again means you meet the definition of "
inadmissible," you will be at risk of RO enforcement proceedings.
Simple and easy to follow guideline: do not make a PR card application while you are in breach of the RO. (There are exceptions; no need to go there, as they tend to cause confusion and be a distraction; simple rule is easy.)
The nature and scope of risks that a PR in breach of the RO will be subject to enforcement proceedings, and how that goes if it happens, is a big subject and widely variable, and largely depends a lot on the particular facts and circumstances in the individual case. This is mostly about what the risk is when a PR in breach arrives at a Port-of-Entry, returning to Canada . . . since, again, if the PR manages to get into Canada without encountering enforcement action, the simple rule is STAY and WAIT to be in RO compliance before applying for a new PR card.
While many of the factual circumstances you outline can affect how this goes, what the risks are you will be issued a Removal Order when arriving at a PoE while in RO breach, for example . . .
what matters most is just the numbers: how many days IN Canada, how many days short of RO compliance. Basically the longer you are outside Canada, the less IN Canada, the bigger the risk that IRCC (in a PR card application or application for a PR Travel Document), or CBSA (in a PoE examination), will pursue RO enforcement proceedings.
Much of the factual background you outline, however, is largely NOT relevant. For purposes of calculating RO compliance, some of the factors you report that are NOT relevant include:
-- days in, or not in Canada, before you became a PR (these are NOT relevant)
-- Canadian status before becoming a PR (does not matter that you were a student in Canada)
-- reasons for days outside Canada (such as impact of Covid)
If you anticipate failing to comply with the RO and are trying to evaluate whether you will be allowed to keep PR status anyway, that gets into an even bigger and more complicated subject: it ranges from the practical parameters of RO enforcement (less likely to be examined about RO compliance, let alone be issued a Removal Order, if you are just a few days short of being in compliance when you arrive at the PoE), to how various H&C factors are weighed. In this regard, while Covid was clearly a big factor for a significant period of time, there is no indication it will be given much, if any H&C weight now.
Note: staying in Canada after a PR card expires is NOT overstaying in any sense. PRs do not need to have a valid PR card in possession -- the PR card is a status document showing authorization to enter Canada which is needed to board a commercial flight coming to Canada.
