. . . as continued . . .
The date a PR card expires is NOT relevant when calculating whether a PR is in compliance with the RO.
However, it can have a big influence on how things go when a PR in breach of the RO returns to Canada.
It may seem a trite exercise to dig into a detailed scenario to illustrate this. But I hope doing so more fully illuminates just how irrelevant the expiration date of the PR card is, when calculating RO compliance, but how influential it might be otherwise. And a situation somewhat similar to that described by
@sayadil potentially offers such an example. Consider:
PR-Harlan landing date June 2018; PR card issued August 2018; PR card expires August 2023
PR-Harlan spends 680 days in Canada between June 2018 and June 2020
June 2020 PR-Harlan leaves Canada for extended period of time; next returns to Canada February 2023
PR card application made April 2023; RO credit 737 days
New PR card issued July 2023, expiration date July 2028
PR-Harlan spent total 119 days in Canada in 2023 before leaving July 2023
In this scenario if PR-Harlan next returns to Canada in December 2023, he will be in breach of the RO when he arrives. The extent of the breach will be relatively small. Hard to assess how much risk there is here.
If PR-Harlan does not return for nearly 2 1/2 years, say in September 2025, he will not only be in breach of the RO when he arrives, but in breach by a lot . . . by more than 600 days. In fact, upon arrival at the PoE in September 2025, PR-Harlan will only have 119 days credit toward meeting the RO. His PR card does not expire until July 2028, but being so far in breach of the RO there is a real risk PR-Harlan will suffer RO compliance enforcement, and depending on the reasons for his absence (depending on whether there are sufficiently favourable H&C considerations), potentially issued a Removal Order upon arrival.
Whether or not that happens, however, will first depend on whether he is waived through during preliminary screening. His presentation of a PR card still valid for nearly three more years might very well be a key factor in why he is waived through.
If he is not waived through the PIL screening, his risks go up dramatically. If for some reason the PIL screening results in a referral to Secondary immigration, and RO compliance questioning, the fact his PR card is still valid for nearly three more years does NOT help at all. The fact that he has only been in Canada 119 days within the preceding five years will be the biggest factor. And, again, absent some good H&C factors, the risk of losing PR status in this scenario is probably very high.
So, let's revisit the question one more time (yeah, sorry, more repetition):
If a PR has successfully renewed their PR Card and then leaves Canada for...say 2-1/2 years, how could they be determined to be out of compliance?
If the PR is questioned about RO compliance and they have only been in Canada 119 days during the preceding five years, they are out of compliance. By a lot. The risk of losing PR status is probably high if not very high. Date the PR card expires is not relevant.
What is far less certain is whether they will in fact be questioned about RO compliance. Most PRs are not questioned about RO compliance when they arrive at the PoE. A PR presenting a valid PR card that does not expire for more than two more years is probably more likely to be waived through preliminary screening than not.
UNLESS. Unless something triggers a referral and RO compliance questioning. (It is worth noting that generally there tends to be quite a few indicators suggesting a potential RO compliance issue when a PR is in breach of the RO by a lot --
it tends to show, one might say, when someone is not settled and permanently living in Canada.)
There are many discussions here, in numerous topics, about what factors will influence how it goes at the PoE. For PRs in breach but able to present a valid PR card, it is very much a two-pronged question:
-- what will trigger a Secondary immigration examination, and if that happens
-- what will most influence whether RO enforcement results in a Removal Order
There is much overlap in the factors. The length of the PR's most recent absence, for example, can be an influential factor in what triggers a referral to Secondary, and also a factor in determining whether to issue a Removal Order. Extent of Canadian ties likewise.
But the expiration date of the PR card is different. It can be a big factor influencing whether the PR is waived through preliminary screening or referred for RO compliance questioning. In contrast, it is NOT a factor, not at all, in calculating RO compliance.
Note Regarding Math and Whether a PR "could still meet the RO."
It makes sense to refer to the number of days needed "
to meet the RO" for a PR in breach who has been fortunate enough to be waived into Canada without encountering inadmissibility proceedings,
AND is STAYING in Canada. In this context it is about how many days the PR needs to stay in order to have spent at least 730 days in Canada within the previous five years, and thus meet the RO.
I realize this language is very commonly used in regards to soft-landing PRs evaluating (doing the math) when they need to make the move to Canada to avoid losing PR status. To my view this is unfortunate, since I think this way of phrasing things is confusing if not outright misleading. To avoid risk of inadmissibility enforcement, PRs, including those within their first five years after landing, need to come to Canada while they still "
meet the RO."
There is no math pursuant to which a PR abroad "
could still meet the RO" based on when they arrive in Canada. They either meet the RO when they arrive or they are in breach. For some, those
cutting-it-close, it might be important to do the math in regards to how many days they need to stay in Canada in order to avoid being in breach when they leave. The
@sayadil situation illustrates this.