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Residency Obligations/ Canadian Citizen Children 

Anthony Ray
Anthony Ray
Posts: 2


Posted On: 7/12/2018
Anthony Ray
Anthony Ray
Posts: 2
Hello!


I am a permanent resident of Canada since 2004. My family have been in the Philippines since August 10,2015. We are here to complete my wife's residency program as a physician. This was a requirement for her to be able to practice her profession in Canada. She will be done with her 3 year program on December 2018. We are planning to return to Canada on March 2019, as our kids are currently enrolled in school as well.


My question is this, are we still allowed to renew our Permanent Resident Cards? It will expire within 6 months. We will be out of the country for more than 3 years before we go back. My other question is, two of our children are Canadian Citizens, it is my knowledge that suggests we still meet the permanent residence requirement even if we are outside of Canada for longer than 3 years,since we are living with Canadian Citizens. Would you be able to confirm if this is correct?


Please direct me on how to proceed. I am not sure what to do next. Do we apply for PR card renewal? Are we still eligible?


Thank you for taking your time to answer my questions.
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Moderator
Moderator
Moderator
Posts: 2695


Posted On: 7/31/2018
Moderator
Moderator
Moderator
Posts: 2695
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

If you are referring to applying to renew a PR card, the Immigration, Refugees and Citizenship Canada (IRCC) website states that you must submit your application in Canada and If you are outside Canada, apply for a permanent resident travel document to return to Canada. After you arrive, apply for a PR card.

You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status.

According to the
Operational Manual ENF 23 - Loss of Permanent Resident Status,

"7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."

So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement. Unfortunately, it does not apply to a Canadian citizen child accompanying you.

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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Jeyjeyjey
Jeyjeyjey
Posts: 2


Posted On: 9/22/2018
Jeyjeyjey
Jeyjeyjey
Posts: 2
I want to ask, can someone do the calculations for me:

First landed in CA: July 7,2018 (become a permanent resident)
PR CARD: expires in 2023

Planning to go back to home country in December 2019 and stay there for two years
Will return to Canada in January 2022. Will I still be able to comply woth residency obligations? Given that I have already stayed for 1 year and 5 months from my first landing? Am I still covered by the first five-year window? Or will I be examined five years prior to my re-entry? Please give me some explanation about this.
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