How long can a permanent resident stay out side the country
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Author Topic: How long can a permanent resident stay out side the country  (Read 12707 times)
easylover
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« on: July 03, 2009, 12:29:11 am »

can a permanent resident permit holder leave the country on a trip for over a year? would they loose status?
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mitamata
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Category........: FAM
Visa Office......: Vienna
App. Filed.......: 16-02-2009
AOR Received.: 27-03-2009
Med's Done....: 03-12-2008
Passport Req..: 29-04-2009
VISA ISSUED...: 06-05-2009
LANDED..........: 27-07-2009

« Reply #1 on: July 03, 2009, 03:10:41 am »

Your permanent resident status is valid for 5 years. When those 5 years are up, you can renew your PR card (get 5 more years) if you can prove you have lived in Canada for at least 2 years out of the last 5 years. So yeah, leaving for one year is no problem.
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Applying outland - Vienna
Feb 16th - application received at CPC-M
Mar 3rd - decision made at CPC-M
Mar 27th - received AOR, dated Mar 23rd
Apr 29th - PPR received via email
May 12th - Passport with visa received Smiley
Landed Jul 27th in Vancouver
Leon
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« Reply #2 on: July 03, 2009, 06:03:56 am »

It is a rolling 5 year period.  Previous 5 years at any time, no more than 1095 days outside Canada.

Say if somebody was in Canada 2 years, then leaves for 3, comes back briefly to renew his PR card and passes the residency requirements, then leaves again, planning to be gone for another 3 years for the 2nd period and then come back for 2, the first 5 year period is not forgotten and done with just because his PR card got renewed.  As soon as he's been outside Canada for 1095 days over any 5 year period, his PR status is actually gone.  Next time he enters Canada, the border guards can ask him to prove that he still meets the residency requirements, even though his PR card is still valid for a few more years.  If he doesn't, they can cancel his PR.

However, 1 year trip is not a problem.  Just make sure you keep track of the dates you are in/out of Canada because you will need them when you apply for your PR card to be renewed.
 
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
canbrit
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« Reply #3 on: July 03, 2009, 11:53:15 am »

Is it true what I read that living outside Canada with a Canadian citizen counds towards the 2 years out of 3? That is if my husband (applying for PR) living outside Canada with me (Canadian Citizen) this time would count towards the 2 years?
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Leon
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« Reply #4 on: July 03, 2009, 11:58:38 am »

Yes, exceptions to the 2 out of 5 years are given for children accompanying a citizen parent, spouse accompanying a citizen spouse and PR's who have been working for a Canadian company and get transfered to another country as well as their spouses.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
mitamata
Hero Member
*****

Posts: 740
Ratings: +9
Category........: FAM
Visa Office......: Vienna
App. Filed.......: 16-02-2009
AOR Received.: 27-03-2009
Med's Done....: 03-12-2008
Passport Req..: 29-04-2009
VISA ISSUED...: 06-05-2009
LANDED..........: 27-07-2009

« Reply #5 on: July 03, 2009, 05:26:30 pm »

Just one note on this: while it counts towards maintaining PR status, living abroad with your Canadian citizen spouse does NOT count towards the citizenship requirement. For that, only time spent in Canada counts.
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Applying outland - Vienna
Feb 16th - application received at CPC-M
Mar 3rd - decision made at CPC-M
Mar 27th - received AOR, dated Mar 23rd
Apr 29th - PPR received via email
May 12th - Passport with visa received Smiley
Landed Jul 27th in Vancouver
Leon
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Posts: 19557
Ratings: +863

« Reply #6 on: July 04, 2009, 07:05:28 am »

Yes, the requirements for citizenship are completely different and separate.  To keep PR, you must stay in Canada at least 2 years in every 5 with the exceptions noted of spouse etc..  To qualify to apply for citizenship, you must have physically lived in Canada for at least 3 years out of the last 4 before you apply.  Generally you also must have been a PR all that time but you can count time spent in Canada as a worker or a student before you became PR at a 50% discount if it's within the 4 year period.  Say if you had been a worker or student for 2 or more years before you get PR, they could count as 1 year towards citizenship and in that case you could apply for citizenship after only 2 years as a PR if you'd stayed in Canada the whole time.  The only exceptions are for children.  Children can not apply for citizenship independently.  They have to be applied for by their parent who is a citizen or by a PR parent who is also applying for citizenship.  The kids do not need to fulfill the 3 out of 4 years.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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