Hi Kamalrina,
I think bighead explained it very well, but if you are still confused let me try to explain again
Residency period is counted in 2 different ways:
1. If landing occurred less than 5 years ago then first 5 years period it is
counted 5 years forward from the day of landing
2. If landing occurred more than 5 years ago then 5 years period is counted
backwards - 5 years back from the day counting is being made (examination at the port of entry, application for Travel Document, application for PR Card or PR Card renewal, etc.).
This means your wife can enter LATEST by 11 July 2007 but KEEP IN MIND that she has to live continuously until 08 May 2009 to retain her PR.
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Sukhwinder Singh
Location: Vancouver, BC, Canada
Posted on: 05-10-04 20:06:30
I think enough has been said. I will refrain from commenting further.
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Massood Joomratty, LLB(Hons), LLM
http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer
http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607
Location: Ottawa (Now in Bangalore)
Posted on: 07-10-04 01:48:17
Quote:
Orginally posted by bighead
the answer is b..
pr's need to accumilate 2 years of residence out of any 5 year block.. that means in any given 5 year period, you must reside in canada for 2 years... the confusion arises because people look at it from the other way around (by asking how long they can be absent)...
if you look at requirement for residency rather than how long you can dissapear, it seems a little clearer.. in any 5 year period, you must reside in canada for 2 in order to maintain pr status...
in your example, the 5 year block starts from jan 1st of year 1... if the person leaves on jan 1 of year 3 (with 2 years of residence) then in order to maintain pr he must return by dec 31 of year 5 (three years since leaving)... that does not mean a new 5 year block starts the day he returns, rather what you have to do is pick that day, count back 5 years from that day, and to maintain pr, you must have resided for 2 years from that day... in your example, on the day he returns (dec 31 year 5), if he counts back 5 years, he has two years of residency (hence satisfying requirement) but if he turns around and leaves on jan 2nd year 6, then on jan 3rd counting back 5 years, he will be two days short of pr requirement... (these numbers are illustrative only, things like leap years etc are not taken into account)...
same is true for citizenship as well... in the 4 year period the day before you apply to become a canadian citizen, you need 3 years of residency...
Bighead, please be kind enough to answer my choice also.. Is it a.) or b.) in my post ?
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ON, the answer in your scenario is a... it is easier if you first count back from the date of application and then count forward the number of days of residence...
1. pick the date when the person will apply...
2. count back 4 years from that date to arrive at the begining of the 4 year block... if the begining of the 4 years is before landing, then use the date of landing as the begining of the block... else use the date of the begining of the 4 year block...
3. count forward the number of days of residence between the start of the block to the date of application...
4. if you had legal status and residence between date of start of 4 year block calculated in 2 above, and date of landing, add number of days of residence between start of block and date of landing, and divide by 2... this cannot be greater than 365...
5. add 3 and 4... if that number is greater than or equal to 1095, then requirement has been met...
in your example 1:
point 1 = Oct 4, 2007
point 2 = Oct 4, 2004
point 3 = 1095
point 4 = 0
point 5 = 1095 + 0 = 1095 - requirement met
your example 2a:
point 1 = March 3rd 2008
point 2 = Oct 4, 2004
point 3 = 1095
point 4 = 0
point 5 = 1095 + 0 = 1095 - requirement met
BUT if he leaves for 6 months, comes back and applies on the same date
point 1 = Oct 4, 2007
point 2 = Oct 4, 2004
point 3 = 913
point 4 = 0
point 5 = 913 + 0 = 913 - requirement NOT met
someone pm-ed me with their scenario, and in the hope that it will clear a little more confusion, i will post the answer here... the dates have been offset a little bit for the person's privacy...
the person came to canada on july 13 2000 on a work permit...
the person applied for pr to buffalo (dates are not importat)
the person and his family took a trip to india for three weeks (21 days exactly) on March 2 2001, and returned on March 23 2001...
the person got his pr and officially became a landed immigrant of canada on september 28 2002...
after getting pr, the person has not left canada...
calculations based on points above...
point 1. suppose the person wanted to see if he would be eligible on Dec 6th 2004... lets say Dec 6 2004 is the date picked for point 1...
point 2. counting back 4 years puts us at Dec 6 2000 as the begining of the 4 year block... since this date is before landing, we use the date of landing (Sep 28 2002) as our starting point...
point 3. number of days of residence between landing and application minus one day = 799 days...
point 4. since the person was here on a wp, days before the landing may be included as half days (but only to a max of 2 years prior to landing - so from Sep 28 2000), so eligible days before landing = 730 (which is max) - 21 absent days /2 = 354.5 days...
point 5. 354.5 + 799 = 1153.5 days of eligible residence...
hence on Dec 6 2004, the person is eligible to apply for citizenship...
NOW, if you count backwards, the person has 58.5 days of residence more than the minimum requirement, so based on calendar days, the person became eligible for citizenship on Oct 9, 2004...
hi Bighead,
not to nit pick , as you are really working hard on this matter ...let us calculate again and see
if you take oct 9, 2004 then:
time spent as PR = 365+366+12 = 743
( sep 28-02 -- sep 27-03 + sep 28,03--sep 27, 04 + sep 28--oct 9 )
time spent on WP= 718-20 = 698/2 = 349
( half day spend in Canada is counted is day spent in Canada so he was out for only 20 days ? )
total becomes 1092 ..short by 3 days, eh ?
But according to my calculation he would be eligible on oct 15, 2004
time spent as PR = 365+366+18 = 749
time spent on WP= 712-20 = 692/2 = 346
total 1095 days
but I think it's easier to wait couple of days extra before applying 
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Sukhwinder Singh
Can we also add up dys spend on tourist visa also before becoming Landed immigrant.
