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6 Month Limit for Travelling outside of Canada? 

pj
pj
Posts: 2


Posted On: 9 days ago
pj
pj
Posts: 2
Hi there!

I think this has already been discussed but I just want to make sure. I know than as a PR, you have to stay 2 years out of 5 in Canada. But is there a max lenght limit?
My wife and me have been living in Canada since September 2014, and we are PR since march 2017. We are planing to leave the country for a 6-8 months period starting from next February (2018) in order to visit South America.
Could we have any issue re-entering Canada or shouldn't this be an issue as we will still have plenty of time to meet the residency requirement?

We heard many stories about a 6 months limit and we wouldn't want to loose our PR status (still plan to live & work in Canada after our trip!).

Thank you very much for your answers!
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Moderator
Moderator
Moderator
Posts: 2058


Posted On: 8 days ago
Moderator
Moderator
Moderator
Posts: 2058
Hello,

Thank you for sharing your situation and questions with us.

We can appreciate that you would be interested in some information regarding this situation.

As you already know, as a permanent resident, you may travel outside Canada after you arrive. However, as you also already know, you must meet certain residency obligations to maintain your status as a permanent resident.

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.

The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

You can find some additional information regarding meeting your residency requirements in our Settlement.Org What are the residency requirements for permanent residents (PRs)? article.

In terms of the process when re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.


You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) 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.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).



In terms of the "6-month limit", some confuse the residency requirements for maintaining OHIP with that of permanent residency requirements.

Regarding OHIP, in order to maintain it, you must be "in Ontario for at least 153 days in any 12-month period."

You can find this information and some additional information regarding OHIP in our Settlement.Org Who is eligible for OHIP? article.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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pj
pj
Posts: 2


Posted On: 8 days ago
pj
pj
Posts: 2
Hi Anna,

Thank you very much for your detailed answer! We should be all good then, as we should easily be able to prove that we will continue to live and work in Canada once we are back.
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