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PR - How Long Can I Stay Outside Canada? 

ForumUser
ForumUser
Posts: 444


Posted On: 8/15/2017
ForumUser
ForumUser
Posts: 444
Hi, I am currently a permanent resident of Canada and i have been since March 2014. I have accumulated about 3 years in Canada since I got my PR.

I am currently in Macedonia, and i have been here the past 2 months, and I need to stay here longer than 6 months but shorter than a year.

Is that possible and will that affect my permanent residency in any way?
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PMM
PMM
Posts: 361


Posted On: 8/15/2017
PMM
PMM
Posts: 361
Hi


ForumUser wrote:
Hi, I am currently a permanent resident of Canada and i have been since March 2014. I have accumulated about 3 years in Canada since I got my PR.

I am currently in Macedonia, and i have been here the past 2 months, and I need to stay here longer than 6 months but shorter than a year.

Is that possible and will that affect my permanent residency in any way?


1. It shouldn't. You have to reside in Canada for 2 years in every 5 year period.
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Tenchi47
Tenchi47
Posts: 1


Posted On: 8/21/2017
Tenchi47
Tenchi47
Posts: 1
Hi I need to inquire regarding the status of my Parents I did sponsor them with my Brother he was 16yrs old on that time. They come in Canada on September 2013.
My Parents decided to go back to our country and they left in Canada October 4 ,2015. They meet the requirement of 2yrs stay here in Canada.

I'm just worried that this year they will be out in Canada for 2yrs on October 4 2017 .. Their PR will expire until Sept 2018.

What is the maximum they can stay outside before loosing the status of their permanent residence? My Brother never leave the country. do they still have ties since they left he is still 18yrs old? I become a guardian of my Brother.

Trying to reach CIC but not sure what option and category would be to inquire this case.

Would be great if someone can answer my questions. Thanks.
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Rehan
Rehan
Posts: 2


Posted On: 8/23/2017
Rehan
Rehan
Posts: 2
Hi, can any ine answer my question
I landed in canada on 17th July 2015 after I got Canadian immigration and left Canada on 28th Aug 2015. I stayed there for 42 days.
PR cards me and my family received are having an expiry date of 14th Sep 2020.
My question is that will those 42 days spent in Canada be counted towrds 730 days obligation. If I see 5 years from my PR card then the days from 14 Sep 2015 and onwards would be counted, I am confused on this matter. Please advise. Thanks and regards
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Moderator
Moderator
Moderator
Posts: 2151


Posted On: 23 days ago
Moderator
Moderator
Moderator
Posts: 2151
Tenchi47 wrote:
Hi I need to inquire regarding the status of my Parents I did sponsor them with my Brother he was 16yrs old on that time. They come in Canada on September 2013.
My Parents decided to go back to our country and they left in Canada October 4 ,2015. They meet the requirement of 2yrs stay here in Canada.

I'm just worried that this year they will be out in Canada for 2yrs on October 4 2017 .. Their PR will expire until Sept 2018.

What is the maximum they can stay outside before loosing the status of their permanent residence? My Brother never leave the country. do they still have ties since they left he is still 18yrs old? I become a guardian of my Brother.

Trying to reach CIC but not sure what option and category would be to inquire this case.

Would be great if someone can answer my questions. Thanks.



Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information in our Settlement.Org
article.

Here is an excerpt,

As a permanent resident, you may travel outside Canada after you arrive. However, 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. 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.

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.



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
link
Moderator
Moderator
Moderator
Posts: 2151


Posted On: 23 days ago
Moderator
Moderator
Moderator
Posts: 2151
Rehan wrote:
Hi, can any ine answer my question
I landed in canada on 17th July 2015 after I got Canadian immigration and left Canada on 28th Aug 2015. I stayed there for 42 days.
PR cards me and my family received are having an expiry date of 14th Sep 2020.
My question is that will those 42 days spent in Canada be counted towrds 730 days obligation. If I see 5 years from my PR card then the days from 14 Sep 2015 and onwards would be counted, I am confused on this matter. Please advise. Thanks and regards



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.).



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
link
sbezbaruah
sbezbaruah
Posts: 2


Posted On: 23 days ago
sbezbaruah
sbezbaruah
Posts: 2
Hi I applied for Permanent Residency as a Provincial nominee (Alberta) on Sept 6, 2016. CIC asked my police clearance in May 25, 2017 and they received that during the first week of June 6, 2107. I checked my application status on-line and found message as "in process." My post graduate work permit will expire on 10 January 2018. I am waiting for CIC request for my medical exam/test.

My questions are:

Do I have enough time until 10 January 2018 and wait?

Is it necessary to apply for the extension of my open work permit?
If it is necessary to apply, by what date should I apply?

If I have to apply there is a question in the form: Prove that how you qualify for the current job. (Remember, my Provincial nominee certification is work permit without a job). So, how should I answer this question? Even though I have a job I do not have LMIA.

I used a lawyer for my PR processing, but he will charge me extra money for this.

Thank you.
Sid
link
sbezbaruah
sbezbaruah
Posts: 2


Posted On: 20 days ago
sbezbaruah
sbezbaruah
Posts: 2
Hi I applied for Permanent Residency as a Provincial nominee (Alberta) on Sept 6, 2016. CIC asked my police clearance in May 25, 2017 and they received that during the first week of June 6, 2107. I checked my application status on-line and found message as "in process." My post graduate work permit will expire on 10 January 2018. I am waiting for CIC request for my medical exam/test.

My questions are:

Do I have enough time until 10 January 2018 and wait?

Is it necessary to apply for the extension of my open work permit?
If it is necessary to apply, by what date should I apply?

If I have to apply there is a question in the form: Prove that how you qualify for the current job. (Remember, my Provincial nominee certification is work permit without a job). So, how should I answer this question? Even though I have a job I do not have LMIA.

I used a lawyer for my PR processing, but he will charge me extra money for this.

Thank you.
Sid
link