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Permanent Residency staying outside Canada 

Parneet
Parneet
Posts: 1


Posted On: 3/5/2020
Parneet
Parneet
Posts: 1
Hi

My query is that how long I can stay outside Canada? Currently I am in India since 22nd Oct 2019.

Below is my history in Canada

22nd August 2016 - landed as student
Applied my PR in July 2018
Got my COPR in February 2019
Did landing process on 17th May 2019
Got my PR card on 10th July 2019
Left Canada on 21st oct 2019 for India
Canada stay duration from 22nd August 2016 - 20th oct 2019 (3years and 2months)

I am returning back to Canada on 26th April 2020, so it would be a stay of six month and three days in India. Would it affect my Permanent Residency status? Should I inform any official body regarding the total duration of my stay outside Canada?

Thank you!
link
PMM
PMM
Posts: 609


Posted On: 3/5/2020
PMM
PMM
Posts: 609
Hi


Parneet wrote:
Hi

My query is that how long I can stay outside Canada? Currently I am in India since 22nd Oct 2019.

Below is my history in Canada

22nd August 2016 - landed as student
Applied my PR in July 2018
Got my COPR in February 2019
Did landing process on 17th May 2019
Got my PR card on 10th July 2019
Left Canada on 21st oct 2019 for India
Canada stay duration from 22nd August 2016 - 20th oct 2019 (3years and 2months)

I am returning back to Canada on 26th April 2020, so it would be a stay of six month and three days in India. Would it affect my Permanent Residency status? Should I inform any official body regarding the total duration of my stay outside Canada?


Thank you!


1. To maintain your PR status, you have to spend a total of 2 years in Canada between 17/May/19 and 17/May/24
2, Days prior to you becoming a PR are not counted.

3. You don't inform anyone, other than your PRovincial health.
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eshadeol
eshadeol
Posts: 2


Posted On: 6/12/2020
eshadeol
eshadeol
Posts: 2
Hi

I am permanent resident landed on 20 June 2018 with my husband and a baby. Due to some unavoidable circumstances and family problems at home in India, i left Canada with my family after getting PR cards. we are still in India with my family. we were planning to return in April,2020 but due to Covid-19 pandemic we are unable to return till the air traffic resumes. I am pregnant and in my third trimester hence could not return back before delivery .Could you please help me advise on the below mentioned queries:
1. since we are outside of Canada for 2 years.can this have an adverse impact on our Permanent Status?
2. what will be the status of my new born baby,born in India?
3. can we be questioned at the port of entry by the authorities for our longer stay outside of Canada ?
4. should we inform any Canadian Govt.Agency about our stay outside of Canada?

Thanks
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HHPATEL
HHPATEL
Posts: 1


Posted On: 7/12/2020
HHPATEL
HHPATEL
Posts: 1
Hi
I was landed immigrant as skilled worker with my son and spouse in 2010. Due to health issue of my parents , I had to come back with my family. My son and spouse returned to India after 2 month and I returned after 5 month. Due to responsibilty of taking care of my parents , I never returned to Canada. Now my son is of 18 years, He want to study higher education in Canada. But I and my spouse don't want to come to Canada.
SO, what are options for my son,

1 Applying for study permit:
- will old PR status hamper his study permit application?

or

2. Applying for PRTD for my son
-How much time will they take to decide for grant PRTD on Humanitarian ground ?- I don't know
-If IRCC take loner time, than it will spoil his important year of career.
-Can He apply for study permit after rejection of PRTD application?
-If IRCC reject his plea for PRTD , what are the option for him? Can he appeal for it?
- During process of appeal for rejection of PRTD, should he physically present in Canada? If yes, Can he study while appeal period in Canada?

Kindly , reply . I am in dilemma, Please guide me

Harshad
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virus07
virus07
Posts: 1


Posted On: 7/17/2020
virus07
virus07
Posts: 1
Hi,

I am an Indian Passport Holder and having a valid Canadian visa. I have few queries.

I am coming to Canada in Feb, 2021. and I have come to know about G1/G2 driving license in Toronto. is that possible to get G1/G2 license on Visitor visa. As I had a word with one driving school in Toronto and they said you need a local address to avail G1 license and for G2 license you need Visitor record form. then you can stay in Toronto for more then a year in a single stay.

If it is possible, then I need assistance for the same and will ready to pay the service charges.
also wanted to know that how to get LMIA and its charges.

Regards

Ravi
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sheriff21
sheriff21
Posts: 1


Posted On: 7/22/2020
sheriff21
sheriff21
Posts: 1
Hello there,

I writing to you today to enquire about PR rules and extended period of time outside Canada after receiving my PR and landing in Canada.

My situation is that after I obtained my PR, I was accepted for a Phd role in Czech republic with full scholarship. The duration is 4 years, however I can stay 2 or 3 years in Czech republic and then continue the Phd online and travel once or twice a year for meetings (short visits).

Therefore, I wanted to ask if this scenario would violate or harm my PR conditions set by the IRCC. Also, should/how I contact IRCC to brief them about this situation?

I would appreciate if you could give me credible and detailed information regarding my case as I'm a new immigrant and don't want to miss an opportunity that can help me be a better and more productive resident/citizen in Canada.

Thank you very much. I look forward to hearing back from you.

Stay safe.

Kind regards,
Ahmed


link
PMM
PMM
Posts: 609


Posted On: 7/23/2020
PMM
PMM
Posts: 609
HI

sheriff21 wrote:
Hello there,



I writing to you today to enquire about PR rules and extended period of time outside Canada after receiving my PR and landing in Canada.

My situation is that after I obtained my PR, I was accepted for a Phd role in Czech republic with full scholarship. The duration is 4 years, however I can stay 2 or 3 years in Czech republic and then continue the Phd online and travel once or twice a year for meetings (short visits).

Therefore, I wanted to ask if this scenario would violate or harm my PR conditions set by the IRCC. Also, should/how I contact IRCC to brief them about this situation?

I would appreciate if you could give me credible and detailed information regarding my case as I'm a new immigrant and don't want to miss an opportunity that can help me be a better and more productive resident/citizen in Canada.

Thank you very much. I look forward to hearing back from you.

Stay safe.

Kind regards,
Ahmed





1. No need to inform CIC as they aren't interested in your plans. All that they are interested in that to maintain your PR status that you reside in Canada for 2 years in every 5 year period. It is a rolling 5 year period. If you spend 3 years outside Canada in the Czech republic, you may have difficulty meeting your residency obligations.
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Dipankar
Dipankar
Posts: 2


Posted On: 8/9/2020
Dipankar
Dipankar
Posts: 2
HHPATEL wrote:
Hi
I was landed immigrant as skilled worker with my son and spouse in 2010. Due to health issue of my parents , I had to come back with my family. My son and spouse returned to India after 2 month and I returned after 5 month. Due to responsibilty of taking care of my parents , I never returned to Canada. Now my son is of 18 years, He want to study higher education in Canada. But I and my spouse don't want to come to Canada.
SO, what are options for my son,

1 Applying for study permit:
- will old PR status hamper his study permit application?

or

2. Applying for PRTD for my son
-How much time will they take to decide for grant PRTD on Humanitarian ground ?- I don't know
-If IRCC take loner time, than it will spoil his important year of career.
-Can He apply for study permit after rejection of PRTD application?
-If IRCC reject his plea for PRTD , what are the option for him? Can he appeal for it?
- During process of appeal for rejection of PRTD, should he physically present in Canada? If yes, Can he study while appeal period in Canada?

Kindly , reply . I am in dilemma, Please guide me

Harshad
link
Dipankar
Dipankar
Posts: 2


Posted On: 8/9/2020
Dipankar
Dipankar
Posts: 2
Hi This is Dipankar.
i) I request clarification regarding stay outside Canada with a PR Card.My PR Card expires on 2nd March'2022.Is it possible to enter Canada any time before that date even if the residential obligation of 730 days is not met? Kindly confirm as one gets contradictory or conflicting interpretations.

II) In view of the Corona Virus situation, has there been any change in the residential obligation stipulation?

Thanks!
link
PMM
PMM
Posts: 609


Posted On: 8/10/2020
PMM
PMM
Posts: 609
Hi


Dipankar wrote:
Hi This is Dipankar.
i) I request clarification regarding stay outside Canada with a PR Card.My PR Card expires on 2nd March'2022.Is it possible to enter Canada any time before that date even if the residential obligation of 730 days is not met? Kindly confirm as one gets contradictory or conflicting interpretations.

II) In view of the Corona Virus situation, has there been any change in the residential obligation stipulation?


Thanks!


1. You can enter, but there is a chance you will be reported for not meeting your RO. If you are, then you will be given 30 days to appeal, the decision. The IAD will determine if there is any mitigating factors why you shouldn't lose your PR status. If you are admitted without being reported, you would have to remain in Canada until you are in compliance with your RO.
2. No, there is no changes in RO obligations, 2 years in every 5 year period is pretty generous as it is.
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Moderator
Moderator
Moderator
Posts: 3355


Posted On: 8/24/2020
Moderator
Moderator
Moderator
Posts: 3355
HHPATEL wrote:
Hi
I was landed immigrant as skilled worker with my son and spouse in 2010. Due to health issue of my parents , I had to come back with my family. My son and spouse returned to India after 2 month and I returned after 5 month. Due to responsibilty of taking care of my parents , I never returned to Canada. Now my son is of 18 years, He want to study higher education in Canada. But I and my spouse don't want to come to Canada.
SO, what are options for my son,

1 Applying for study permit:
- will old PR status hamper his study permit application?

or

2. Applying for PRTD for my son
-How much time will they take to decide for grant PRTD on Humanitarian ground ?- I don't know
-If IRCC take loner time, than it will spoil his important year of career.
-Can He apply for study permit after rejection of PRTD application?
-If IRCC reject his plea for PRTD , what are the option for him? Can he appeal for it?
- During process of appeal for rejection of PRTD, should he physically present in Canada? If yes, Can he study while appeal period in Canada?

Kindly , reply . I am in dilemma, Please guide me

Harshad


Hi Harshad,

Thank you for sharing your situation and question with us.



Wait times for processing applications may be longer than usual due to COVID-19. For updates related to your specific case it is best that you contact IRCC (formerly CIC) using their web form.

A permanent resident travel document is an official document that Canadian visa offices issue for permanent residents to return to Canada if they do not have their PR card. IRCC may take humanitarian and compassionate reasons into consideration for your son staying outside of Canada for the time that he has. This is up to IRCC and it would be best for your mother to contact the local visa office or IRCC via web form to get more details about her specific application and what kind of supporting documents she may require.



According to IRCC's Application Guide for Permanent Resident Travel Documents:

If your application for a PRTD is refused:
  • you will get a refusal letter, explaining the reasons for the refusal and your appeal rights.
If you decide to appeal a negative decision, follow the instructions in the “Notice of Appeal” form and letter sent with your refusal.



In which case, it would best to consult a reputable and registered immigration consultant or an immigration lawyer about his situation.


Regarding your question about study permits, the IRCC website highlights the eligibility criteria on study permits in the application package. Here is an excerpt:


Eligibility requirementsYou can study in Canada if you:
  • are enrolled at a designated learning institution (DLI)
  • prove you have enough money to pay for your:
    • tuition fees
    • living expenses for yourself and any family members who come with you to Canada and
    • return transportation for yourself and any family members who come with you to Canada
  • obey the law, have no criminal record and get a police certificate (if required)
  • are in good health and get a medical exam (if required)
  • prove to an officer that you will leave Canada when your study permit expires




We hope this information is helpful. If you have any additional questions, please feel free to post them here.


Sincerely,

Your Settlement.Org Team
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Moderator
Moderator
Moderator
Posts: 3355


Posted On: 8/31/2020
Moderator
Moderator
Moderator
Posts: 3355
virus07 wrote:
Hi,

I am an Indian Passport Holder and having a valid Canadian visa. I have few queries.

I am coming to Canada in Feb, 2021. and I have come to know about G1/G2 driving license in Toronto. is that possible to get G1/G2 license on Visitor visa. As I had a word with one driving school in Toronto and they said you need a local address to avail G1 license and for G2 license you need Visitor record form. then you can stay in Toronto for more then a year in a single stay.

If it is possible, then I need assistance for the same and will ready to pay the service charges.
also wanted to know that how to get LMIA and its charges.

Regards

Ravi

Hello There,


Thank you for sharing your situation and question with us.


As a visitor, you can drive in Ontario for 90 days with a licence from your country of origin.


According to Ontario’s Ministry of Transportation:
Visiting: more than 3 months
If you will be visiting from another country for more than 3 months, you will need an International Driver’s Permit (IDP) from your own country.
This is a special licence that allows motorists to drive internationally when accompanied by a valid driver’s licence from their country.
You need to have this permit with you when you arrive in Ontario. You cannot apply for one once you are here.




Also, according to the Settlement.Org article, Is the International Driver's Permit (IDP) valid in Canada?:
You must apply for an IDP outside of Canada. IDPs issued in Canada are not valid in Canada.


The IDP is primarily used by visitors to Ontario. If you plan on living in Ontario - that is, you will be a permanent resident living in Ontario - you need to get an Ontario driver's licence within 60 days of moving to Ontario.



If you plan on living in Ontario as a permanent resident, you may be able to exchange your licence for an Ontario licence if Ontario has a reciprocal agreement with your country of licensure. You can read more about these options in the Settlement.Org article, I have a driver's licence from another country. How do I get an Ontario driver's licence?. You may also find helpful information in the article, How do I apply for a driver's licence? What documents do I need?.
Feel free to also call the Ministry of Transportation if you have questions:
  • In Ontario: 1-800-387-3445
  • In Toronto: 416-235-2999
  • TTY: 1-866-471-892



We hope this information is helpful. If you have any additional questions, please feel free to post them here.



Sincerely,


Your Settlement.Org Team
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Almussawer
Almussawer
Posts: 2


Posted On: 9/8/2020
Almussawer
Almussawer
Posts: 2
Friend of mine is outside Canada along with his family, there PR card expired. His request to travel Canada denied, under section 28.
They 40 days left for appeal. what should they do now?
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PMM
PMM
Posts: 609


Posted On: 9/9/2020
PMM
PMM
Posts: 609
Hi


Almussawer wrote:
Friend of mine is outside Canada along with his family, there PR card expired. His request to travel Canada denied, under section 28.
They 40 days left for appeal. what should they do now?


1. If they don;t appeal, then their PR is gone. To maintain their PR status they would have to win the appeal.. Probably should seek legal representation, it isn't a really do it yourself project.
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Cing2
Cing2
Posts: 1


Posted On: 25 days ago
Cing2
Cing2
Posts: 1
HI,

My parents received their PR in 2009. A year later my mom had to go back because she could not have the heart not to help my youngest brother who just had a second child. My brother and his wife both have to work so they need someone to look after the baby. My father lives with me until now. But my mom could not go back to Canada within the time period that allows her to keep her PR status
We all thought that her PR is automatically revoked and lost the PR permanently. Until recently I heard that if she never officially renounced it, she could still appeal to recover her status.
For the past few years, my dad went back and forth visiting her due to her situation. However, my dad now is already old. I am hoping they are no longer live in separation like this. Is there a way to get her status back?
Thank you kindly for your response.
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