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| Subject: Maintaining PR Residency |
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Dear Friends,
We are PR´s of Canada and presently working in the Middle East. We have completed our landing formalities and were in Canada for 60 days and accordingly received our PR cards.
In order to maintain our PR status/residency obligations as a PR, one can stay outside Canada for a period of 03 years in every 5 year period.
We plan to return before the end of 3 years.
From what day does the 3 year period has to be calculated ? from the date of landing in Canada or from the date of departure from Canada.
Any help/advise will be highly appreciated
Thanks
[01-12-2007,10:47]
[**.149.95.46]
Tony |
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(in reply to: Maintaining PR Residency)
Day of Landing.
[01-12-2007,12:20]
[**.154.164.252]
Departed_Canadian |
(in reply to: Maintaining PR Residency)
Wrong.
Tony, you´re looking at it the wrong way... you need to be in canada for 2 years in the five years. So the first 60 days after your landing count towards this total.
For example:
landed Jan 1 2007
left Canada Mar 1 2007
returned to Canada Feb 28 2010
Renew card Dec 31 2012
No problem.
[01-12-2007,14:46]
[***.115.43.46]
dr514 |
(in reply to: Maintaining PR Residency)
Departed_Canadian is correct in the obligation are counted from the day of landing. From that date and covering the next 5 years, you cannot be outside of Canada totaling more than 3 years in any combination of absences.
dr is correct in that the date of any departure is irrelevant. What´s important is the total time of absences in the 5 years after landing. Or from the other perspective, you must be in Canada totaling 2 out of 5 years since landing.
[01-12-2007,14:58]
[**.47.168.9]
Richard |
(in reply to: Maintaining PR Residency)
See two different answers and both are correct. Focus on the 730 days in Canada. Register a company and go work for yourself to be considered always in status. Read the IRPA and the regulations for more complete details.
Roy
www.cvimmigration.com
[02-12-2007,09:30]
[**.52.219.148]
Roy |
(in reply to: Maintaining PR Residency)
Kind a confusing.
To measure 2 out of 5 years, start from the day of landing. Has nothign to do with the day of departure. Departyre can be even multiple.
More important; when does the 5 years end? 5 years+the day you landed. MOST LIKLELY NO. It should end by the expiry date of your PR card. You´ll have some grace period to have your PR card. PR card expiry is not exactly your landing date+5 years.
My wife landed on May, for some complicacy got her PR card on October (she even made a overseas trip within this periord). Now her expiry is October+5 years. Not May+5 years.
[02-12-2007,14:01]
[**.154.159.31]
Departed_Canadian |
(in reply to: Maintaining PR Residency)
I disagree with DC on one point, although I may be wrong.
Permanent Residency is not tied to the PR card or its expiration date, but rather to when residency actually began. That would be the landing date. DC´s wife was a permanent resident immediately after landing, even though she did not yet have her PR card yet.
PR status and the card´s date don´t always coincide. So it would be landing date + 5 years.
[02-12-2007,14:45]
[**.47.168.9]
Richard |
(in reply to: Maintaining PR Residency)
Richard,
This is the confusion.
Theoretically you are correct, that I also wrote 1st.
In reality, 2/5 years rule can be multiple (in case you never accept citizenship & continue to be on PR by renewing it). With each PR renewal, you clock will be set to 0 again. What basis? Say you landed on 10/15 years ago..on that basis? Or by the expiry date printed on your PR card? From practical experience I see at the POEs, immigration officials look at the PR card expiry rather than investigating on the landing history unless there is any special issue. That may not be the exact rule, but seems the most common.
[02-12-2007,15:07]
[**.146.103.74]
Departed_Canadian |
(in reply to: Maintaining PR Residency)
Makes sense, DC, and possibly as you say. My thinking is that when a PR applies for PR status renewal, CIC references the database that shows landing date.
I could not find anything official that defines the exact start of the 5 year period. The problem and confusion in pinpointing this that we may be still looking at this incorrectly.
CIC is not so concerned about this start date as they are over PR status of the last 5 years. When I called the PR Call Centre a few times, they´d always emphasize that status determination is a "rolling timeline". That is, CIC is concerned about an applicant´s status over the most recent 5 years, rather than when PR status began. So determining this exact start date may be irrelevant.
[02-12-2007,15:19]
[**.47.168.9]
Richard |
(in reply to: Maintaining PR Residency)
I am pretty sure the clock starts on landing date.
[02-12-2007,15:25]
[***.121.220.199]
Sharon |
(in reply to: Maintaining PR Residency)
Yes Richard, this is kind a grey area. My strong feeling is, CIC is not strictly concerned about couple of months. Sometimes it is very hard to proof that you lost your status just based on passport entry/exit date.
Airlines allow you to board into the aircraft as a valid Canadian PR based on your PR card date. They don´t care for when did you first land. It is highly unlikely that after landing in Canada CIC would make a huge issue on it. Then they have to sue the airline. Interestingly, airline has very strong ground as they are supposed to go by the PR card validity.
[02-12-2007,16:25]
[**.146.103.74]
Departed_Canadian |
