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manishprakash303 Posts: 3
Posted On: 7/21/2015
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My question though is that I landed alone in Toronto on 12th October ‘2014 and stayed there for 03 weeks. I returned to India due to some exigencies.
The visas of my family expired in March ’15 as they did not make an entry before the given date.
I am planning to travel back to Canada alone and live there, later apply for my family's dependent Visa. The PR card issued to me is valid till October 2019.
I wanted your guidance and help to make me understand when should be last date of entry to Canada.
I left Canada in the first week of November and since then have been in India , I am planning to go back soon and need your advice to plan the trip.
Do I need to be back in Canada by October 2015 ( within 1 year of leaving ) or Can I travel in 2016 also?
I will be planning my trip according to your revert .
Thank you once again for your advice and support.
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asiuzzaman Posts: 2
Posted On: 7/21/2015
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You can re-enter Canada as many times as you want until October 2019 as you PR card is valid until that period. But to remain a Canadian Permanent Resident you have to be staying there at least two years in five years time. Your card is given for five years. This link can be helpful.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=4
My question though is that I landed alone in Toronto on 12th October ‘2014 and stayed there for 03 weeks. I returned to India due to some exigencies.
The visas of my family expired in March ’15 as they did not make an entry before the given date.
I am planning to travel back to Canada alone and live there, later apply for my family's dependent Visa. The PR card issued to me is valid till October 2019.
I wanted your guidance and help to make me understand when should be last date of entry to Canada.
I left Canada in the first week of November and since then have been in India , I am planning to go back soon and need your advice to plan the trip.
Do I need to be back in Canada by October 2015 ( within 1 year of leaving ) or Can I travel in 2016 also?
I will be planning my trip according to your revert .
Thank you once again for your advice and support.
Faculty of Media Studies & Journalism,
University of Liberal Arts Bangladesh (ULAB).
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manishprakash303 Posts: 3
Posted On: 7/22/2015
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This is not the answer I am expecting and the link as stated does not even underline my exact requirements.Please be specific and kindly answer my question.
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Moderator Moderator Posts: 4075
Posted On: 7/22/2015
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Hello,
As Manishprakash303 has stated, in order to fulfill the residency requirements, a permanent resident must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
This means that they can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you plan to continue to live in Canada.
Regarding your question,
Do I need to be back in Canada by October 2015 ( within 1 year of leaving ) or Can I travel in 2016 also?
Unfortunately, we cannot tell you when to re-enter Canada or how long to stay outside Canada. It is up to you to decide.
Most recommend not staying outside Canada the total allowed time because in the event you have to leave Canada once you re-enter Canada for an emergency you would have already used up the allowable time to be outside Canada.
When it comes to fulfilling the residency requirements, it has no correlation with the expiry date on the PR Card. Simply renewing a PR Card does not mean that a person has renewed their residency requirements.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
"7.8 Examining Permanent Residents at a POE (Port of Entry)
When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.
Port of entry officers(POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).
In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not."
If you have any concerns as to what to expect when you return, you may want to contact the nearest Visa Office for information.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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manishprakash303 Posts: 3
Posted On: 7/30/2015
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Thank You for your response.
Just need to know that Can I leave outside Canada at a stretch for 02 years out of the 05 years of the stipulated time .
This is required to prepare my onward travel asap and donot want to loose my PR status.
Can anyone help me in this?
Thank You,
Manish
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Moderator Moderator Posts: 4075
Posted On: 7/30/2015
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Hello Manish,
In order to fulfill the residency requirements, a permanent resident must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
This means that they can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you plan to continue to live in Canada.
Most recommend not staying outside Canada the total allowed time because in the event you have to leave Canada once you re-enter Canada for an emergency you would have already used up the allowable time to be outside Canada.
We cannot tell you how long you should stay outside Canada.
We suggest that you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for to confirm this information and for some information specific to your own situation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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MelM Posts: 226
Posted On: 7/30/2015
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Keep in mind that you will have to sponsor your family for PR if you want them to live in Canada as well. In order to sponsor your family for PR, you must meet the residency requirement. In addition, if you do not have citizenship, you must be living in Canada when the application is submitted and you must continue living in Canada while the application is being process (until the application is approved). You can take short trips outside of Canada while the application is being processed, but you can't live in another country.
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