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Author Topic: Can you move out of Canada after you get your PR and still keep it?  (Read 2921 times)
alasken
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Posts: 101
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Category........: FAM
Visa Office......: London
App. Filed.......: 27-06-2011
Passport Req..: 19-10-2011
LANDED..........: 15-11-2011

« on: April 06, 2011, 08:17:05 am »

I'm Norwegian, my common-law girlfriend is Canadian, and we are applying for PR in Canada based on that. However, recently we have started considering moving to Norway for a while instead and I am curious if we wait to move until after I get the Canadian PR, will I be able to keep my PR status in Canada or will I lose it since my sponsor is not living in Canada anymore? We are talking about a period of both living together for up to 5 years in Norway and then returning to Canada. I know that she has to live in Canada at the time that I actually get the PR, but don't know about the requirements for your life thereafter. I should also add that we live in Canada right now (I'm here as a tourist) and she has a job here so it's no problem proving that we intend to live in Canada as our application is being processed.

Thanks.
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Material
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Posts: 343
Ratings: +11

« Reply #1 on: April 06, 2011, 08:18:58 am »

You will have to live 730 days (I think) out of the 5 years in order to maintain your PR status
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Heckler
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Posts: 35
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Category........: FAM
Visa Office......: London
App. Filed.......: 27-09-10
Passport Req..: 11-01-11
VISA ISSUED...: 26-01-11
LANDED..........: 02-04-11

« Reply #2 on: April 06, 2011, 08:22:51 am »

You have to be resident in Canada for a total of 2 years out of 5 to keep the PR
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chelley
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Category........: FAM
Visa Office......: Kingston Jamaica
App. Filed.......: 02-10-2009
File Transfer...: 11-11-2009
Passport Req..: 22-02-2010
VISA ISSUED...: 04-03-2010

« Reply #3 on: April 06, 2011, 08:23:47 am »

two things... first one is pretty obvious.. make sure you officially "land" to actually activate the PR visa and obtain PR status.... if you leave before you do that, the visa would expire and you'd have to start all over again

two, i think that if you are living abroad with a canadian citizen spouse you maintain PR status...  

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp



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Material
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« Reply #4 on: April 06, 2011, 08:27:45 am »


two, i think that if you are living abroad with a canadian citizen spouse you maintain PR status...  

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp


Forgot that point  Smiley
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xocomil
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« Reply #5 on: April 06, 2011, 10:31:44 am »

I was told by CIC that you can renew PR status every 5 years indefinitely ... but must show that you are with your sponsor when out of the country (if say a job takes you to Norway). Lease agreement with both names, shared bank account, etc/.
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alasken
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Posts: 101
Ratings: +2
Category........: FAM
Visa Office......: London
App. Filed.......: 27-06-2011
Passport Req..: 19-10-2011
LANDED..........: 15-11-2011

« Reply #6 on: April 06, 2011, 11:00:01 am »

Great, thanks for the info guys. So basically you are guaranteed the first 5 years when you get the PR. Perfect!
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pinklady
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Posts: 1527
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Category........: FAM
Visa Office......: London
App. Filed.......: 16-12-2010
Passport Req..: 28-02-2011
LANDED..........: 09-04-2011

« Reply #7 on: April 06, 2011, 02:59:05 pm »

Yep, and like Chelley said, if your sponsor is a canadian citizen then time abroad with them still counts towards the 2 out of 5 years.
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RobsLuv
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App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
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File Transfer...: n/a
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« Reply #8 on: April 06, 2011, 03:00:59 pm »

It won't count - though - towards eligibility for citizenship if you someday want to apply for that but, yes, you do maintain your PR status as long as you are living outside of Canada with your sponsor.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
alasken
Star Member
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Posts: 101
Ratings: +2
Category........: FAM
Visa Office......: London
App. Filed.......: 27-06-2011
Passport Req..: 19-10-2011
LANDED..........: 15-11-2011

« Reply #9 on: April 06, 2011, 05:01:54 pm »

great, thanks! not looking to become a citizen anyway so this is good news!
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missmini
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Posts: 1319
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Category........: FAM
Visa Office......: Amman
App. Filed.......: mailed 28-01-2012, received by Ottawa Pilot Office 31-01-2012
AOR Received.: no AOR from Missisauga, Ottawa or Amman
File Transfer...: 24-04-2012 (Sponsor Approval email)
Med's Done....: 30-11-2011

« Reply #10 on: April 08, 2011, 01:19:51 pm »

Forgot that point  Smiley

not exactly! i was curious about this point also and it's tricky! i made some research and it depends who went after who; if the Canadian spouse gets a job outside Canada and the PR spouse goes with her, then it should be ok; but if it's vice-versa, than it's not, maybe u need to pass hearings and headache...since the PR will still stay in his home country or former country of residence it doesn't look so good to me...i would not risk it if i were u!! if u r not ready to move to Canada yet, maybe it's better to wait a little more; if u loose ur PR it will be very hard if not impossible to get a new one

before u do anything and also while u r doing it, just read and re-read and update urself! new regulations could appear and u can be caught in the middle
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AllisonVSC
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Visa Office......: Buffalo - Conjugal Partner
App. Filed.......: 11-08-2009
Interview........: waived
VISA ISSUED...: 04-11-2009
LANDED..........: 04-11-2009

« Reply #11 on: April 10, 2011, 11:47:32 am »

You can find some information on maintaining permanent residency in this CIC Enforcement Manual here:

ENF 23 Loss of Permanent Resident Status

Section 6.1 states,

"A28(2)(a)(i) and A28(2)(a)(iv)provide that each day a permanent resident is outside Canada, accompanying a Canadian Citizen spouse, common-law partner, or in the case of a child, a parent with whom they ordinarily reside, is deemed a day of physical presence in Canada.

Each day a permanent resident is outside Canada, accompanying a Canadian Citizen spouse, common-law partner, or in the case of a child, a parent who is also a permanent resident and with whom they ordinarily reside is also deemed a day of physical presence in Canada provided the spouse, common-law partner or parent of the permanent resident is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province."

Section 7.5 states,

"In the case of a permanent resident outside of Canada accompanying a Canadian Citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose."
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Love_Young
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Posts: 2427
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Category........: FAM
Visa Office......: Vegreville
App. Filed.......: July 16, 2010
Med's Done....: June 16, 2010
Interview........: Waived
LANDED..........: June 01, 2011

« Reply #12 on: April 10, 2011, 11:59:28 am »

I am sorry but I don't know why it bothers me when people get PR then decide to both live in the other country instead.
Can't you just wait until you are ready to "permanently" reside in Canada? If not just withdraw and reside/apply to the other country instead.  Roll Eyes
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INLAND! 
07/16/10: App Received
09/22/10: Started Processing
05/18/11: Approval In Principle
05/20/11: Decision Made
06/01/11: LANDED!
07/29/11: Received PR Card!
(No more CIC until citizenship time in 2013...Woo!)
boblu
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Category........: FAM
Visa Office......: hong kong
App. Filed.......: 14/09/2010
File Transfer...: 08/10/2010
Med's Done....: 14/09/2010

« Reply #13 on: April 10, 2011, 12:04:44 pm »

I am sorry but I don't know why it bothers me when people get PR then decide to both live in the other country instead.
Can't you just wait until you are ready to "permanently" reside in Canada? If not just withdraw and reside/apply to the other country instead.  Roll Eyes

I believe this bothers lots of people not just you. Look on line how many are waiting for love one to come and stay in Canada and we have a few who just want to leave after a short time or not become Canadians very sad  Cry 
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YorkFactory
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« Reply #14 on: April 10, 2011, 01:18:09 pm »

it depends who went after who; if the Canadian spouse gets a job outside Canada and the PR spouse goes with her, then it should be ok; but if it's vice-versa, than it's not
This isn't true.  There is no difference between "A is accompanying B" and "B is accompanying A" for the purposes of the regulations.
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