PR - How Long Can I Stay Outside Canada? 

PMM

Posts: 661

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?

Moderator

Moderator

Posts: 4142

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

"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.).