Maintaining PR

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: Maintaining PR
  Hi,

I know to maintain PR one need to be in canada for 2 years out of 5 years. I hope i can explain properly, My question is :

1> Lets suppose i came to canada on my 2nd year of my PR and stayed for 2 years. So that means out of 3 years when my PR period started i have stayed for 2 years. Does that mean i can be out of country for next 5 years ? and then stay for 2 years continuesly to maintain my PR.

What i am looking for is that clause is that u need to stay in country for 2 years out of 5 years. Once i am done my 2 year period i know i can by out of county for next 3 years and still maintain my PR. Can i stay for next 3 + 3 ( 3 years of next 5 year period) out of country CONTINUOSLY and have my PR valid ?


Thanks

KK

[25-07-2007,17:24]
[**.20.127.229]
KK
(in reply to: Maintaining PR)
KK,

First, congratulations on landing and becoming PR.

I too had questions on maintaining PR. I called CIC in Canada and the rules were explained as follows. Your PR status is good for 5 years from the date you get it (landing). During this 5 year period you must reside in Canada for at least 2 years in any combination of days, weeks, months, or years.

If you stay outside of Canada for the first 3 years, then the last 2 years of this 5 year period must be continuous residence in Canada.

So in your case, staying outside of Canada the 1st year and then residing in Canada for years 2 and 3 only leaves you with 2 years to stay outside of Canada in this 5 year period, if that´s what you want to do.

However, when you re-apply for PR extension, CIC tells me they only look at the most recent 5 years in determining if you satisfied the 2 out of 5 years residency requirement.

So technically, you may be able to do what you planned unless I´m mistaken. How the "most recent 5-year rule" fits with satisfying the "2 out of 5 year residency rule" has always been confusing to me as well. Perhaps someone could explain and clarify, if this is what´s confusing to you too.

[25-07-2007,18:05]
[**.47.174.241]
Richard
(in reply to: Maintaining PR)
For every 5 years you have to stay minimum 730 days or 2 years to maintain your PR. The PR residency requirements are based on rolling time horizon and not on blocks of 5 years. For example, you land in 2007 you stay for 730 days, you may not come back for another 3 years (1095 days). However, if you are away for more than 1095 days at any time you may lose your PR status.
[25-07-2007,22:38]
[***.21.154.75]
Anonymous
(in reply to: Maintaining PR)
Understood in that straightforward example. So you´re saying it really comes down to not staying outside of Canada for more than 3 years, since it´s a "rolling time horizon".

Then address KK´s question if you can, where he´s satisfied years 2 and 3 of the first 5 years. Can he then stay outside for years 4, 5, and 6? According to the "rolling´ rule, it seems the answer would be yes (no more than 1095 days at that moment). But according to the "5 year rule", it would be no (considering the first 5-year period).

[25-07-2007,23:15]
[**.47.174.241]
Richard
(in reply to: Maintaining PR)
My example already answered his questions but let me answer again:

1. Lets suppose i came to canada on my 2nd year of my PR and stayed for 2 years. So that means out of 3 years when my PR period started i have stayed for 2 years. Does that mean i can be out of country for next 5 years ?

"NO"

and then stay for 2 years continuously to maintain my PR.
" You would have lost your PR status, you may be admitted to the country but your PR status will not be renewed".

2. What i am looking for is that clause is that u need to stay in country for 2 years out of 5 years. Once i am done my 2 year period i know i can by out of county for next 3 years and still maintain my PR.

" Yes as long as your 3 year out of country stay is equal to 1095 days"

Can i stay for next 3 + 3 ( 3 years of next 5 year period) out of country CONTINUOSLY and have my PR valid ?

"No, you would not have stayed for 730 days out of 5 years which means you would lose your PR status"

[25-07-2007,23:45]
[***.21.154.70]
Samm
(in reply to: Maintaining PR)
I agree with your view as I understand how it works, Samm, but it doesn´t follow the rolling rule you stated.

You said:

"The PR residency requirements are based on rolling time horizon and not on blocks of 5 years. For example, you land in 2007 you stay for 730 days, you may not come back for another 3 years (1095 days). However, if you are away for more than 1095 days at any time you may lose your PR status."

If the rolling rule is used here, KK in his example could stay outside of Canada another 3 years. Then when he applies for new PR status in 3 years, years 1 and 2 satisfied residency requirements.

Am I confused?

[26-07-2007,00:04]
[**.47.174.241]
Richard
(in reply to: Maintaining PR)
sorry for the indignant question but why are you coming to Canada in the first place?


[26-07-2007,00:31]
[***.121.220.199]
sharon
(in reply to: Maintaining PR)
Richard,

Let me try again:

Suppose he landed as PR on 1-Jan-2007 but comes back on 1-Jan-2008 to live for 2 years and stays till 31-12-2009. His PR card or first five years expire on 31-12-2011. He applies for renewal based on his stay he will get it, though he may have to satisfy the requirement that his intentions are to permanently stay in Canada.

Now, lets say he stays out of Canada after renewing his card till 31-01-2014. So, in this case he has stayed more than 1095 days out of 5 years preceding 31-01-2014 (rolling time horizon), hence he will lose his PR status.

His stay from 31-Jan-2009 to 31-01-2014:

1-Feb-2009 to 31-Dec-2009->334 Days stay in Canada
1-Jan-2010 to 31-Jan-2014->More than 1095 days.

Result->PR status lost

KK said can he be out of country for 5 continuous years after satisfying the residency requirements for first 5 year? The answer is no.


[26-07-2007,00:46]
[***.69.2.5]
Anonymous
(in reply to: Maintaining PR)
Ok, thanks Samm, I think I got it now.

Sharon, I didn´t know that trying to understand and abide by PR rules somehow questions one´s commitment to Canada. Some people have jobs, family ties, or other situations requiring them to be outside the country, especially newcomers. It´s interesting to see citizens who can come and go with no limits question the motivations of those who must operate under strict residence requirements.

[26-07-2007,01:01]
[**.47.174.241]
Richard
(in reply to: Maintaining PR)
Guys come on. Stop saying 2 years out of five years its 730 days out of any five year period. IRPA section 28 and also check the regulations.

This is nothing but what politicians think is a Black and White issue. Either your physically present or your not for 730 days in any five year period.

Trying to convince any Immigration Division or IAD member that you were not "physically present" is a major uphill battle. Think about that for a second.....

Does proof that your bank account being used by a ATM mean your "physically present" in Canada? Does a land line phone bill prove your "physically present" in Canada? Does no Income Tax submitted to Revenue Canada prove your NOT "physically present" in Canada?

There is no intention to abandon Canada as your place of Permanent Residency issue so there is NO ISSUE regarding commitment to canada or intention to abandon Canada as your country of permanent residents.

Roy
www.cvimmigration.com

[26-07-2007,08:18]
[**.52.218.225]
Roy
(in reply to: Maintaining PR)
I forgot to add that if a person who is a PR and they enter at a land border their PPT if not presented is not stamped so there could be a severe lack of evidence regarding residency.

KK needs to start their own company and go work outside for themselves as per the regulations or LEAVE for good.

Some times Sharon hits the point right on the nose. Well said Sharon.

Roy
www.cvimmigration.com

[26-07-2007,08:24]
[**.52.218.225]
Roy