How long can a permanent resident stay out side the country
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September 01, 2015, 05:05:41 am
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Author Topic: How long can a permanent resident stay out side the country  (Read 17072 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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« 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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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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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
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AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
mitamata
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« 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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Leon
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« 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
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kaiss3r
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« Reply #7 on: April 25, 2015, 06:43:41 am »

Hi. I am a PR of canada for a year now, but I am planning to stay outside the country for at least 3 years. Am I going to lose my PR status if I do that?

Sorry I don't really understand their rule " 2 years within 5 years time"...
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screech339
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« Reply #8 on: April 25, 2015, 09:16:15 am »

Hi. I am a PR of canada for a year now, but I am planning to stay outside the country for at least 3 years. Am I going to lose my PR status if I do that?

Sorry I don't really understand their rule " 2 years within 5 years time"...

You won't lose your PR status if you stayed in Canada 1 year and leave for 3 years. However you must come back after 3 years and complete your 1 year in canada to get 2 years out of 5. But remember it's the rolling 5 years, not 5 year slots.
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kaiss3r
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« Reply #9 on: April 25, 2015, 09:30:06 am »

You won't lose your PR status if you stayed in Canada 1 year and leave for 3 years. However you must come back after 3 years and complete your 1 year in canada to get 2 years out of 5. But remember it's the rolling 5 years, not 5 year slots.

Can you please explain more what you mean by this "But remember it's the rolling 5 years, not 5 year slots".

So the way I understand it now is that:
- My PR is valid for 5yrs and after I have to renew it.
- Within that 5 yrs time, I am / I should at least spent 2 years of time "physically present" here in Canada.
- If I didn't meet that "2 years physically present" within 5 years of my PR, my PR might get lose.

Please tell me if i understand it wrong..
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Mapleson
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« Reply #10 on: April 25, 2015, 09:44:47 am »

In 2014: Receive PR valid to 2019 with conditions - 1 year in Canada (2014)
In 2015: 2011 to 2015 - leave Canada, 1 year in Canada (2014) and 1 year out of Canada (2015)
In 2016: 2012 to 2016 - 1 year in Canada (2014) and 2 years out of Canada (2015, 2016)
In 2017: 2013 to 2017 - Must return to Canada before end of year, 1 year in Canada (2014) and 2.99 years out of Canada (2015, 2016, 2017)
In 2018: 2014 to 2018 - 2 years in Canada (2014, 2018) and 2.99 years out of Canada (2015, 2016, 2017), Renew PR for 5 more years
In 2019: 2015 to 2019 - 2 years in Canada (2018, 2019) and 2.99 years out of Canada (2015, 2016, 2017)
In 2020: 2016 to 2020 - Can leave Canada again, 2 years in Canada (2018, 2019) and 2.99 years out of Canada (2016, 2017, 2020)
In 2021: 2017 to 2021
etc.

Really, it means you can't be out of Canada (without your Canadian spouse) for more than 3 years in 7, because the time at the beginning of the 5 year period is erased as more is added to the end.

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OhCanadiana
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« Reply #11 on: April 25, 2015, 10:52:11 am »

Can you please explain more what you mean by this "But remember it's the rolling 5 years, not 5 year slots".

So the way I understand it now is that:
- My PR is valid for 5yrs and after I have to renew it.
- Within that 5 yrs time, I am / I should at least spent 2 years of time "physically present" here in Canada.
- If I didn't meet that "2 years physically present" within 5 years of my PR, my PR might get lose.

Please tell me if i understand it wrong..


A rolling period means it is 5 years from the day you are considering.

Sometimes a diagram is easier to show multiple rolling five year periods.  Say you became a PR on Jan 1, 2015:

|-----|-----|-----|-----|-----|-----|-----|-----|-----|-----|-----|
 2015  '16    '17   '18   '19   '20    '21   '22   '23    '24   '25

 -----------------------------  <- First 5 year period
         ----------------------------- <- Illustrative subsequent rolling 5 year period
                -----------------------------
                        ------------------------------
                                -----------------------------
                                        -----------------------------
                                                 -----------------------------

If you want to know if you meet the requirements to be a PR on a given day, count back 5 years from that day and make sure you've been in Canada 2 out of those 5 years.

If you haven't been a PR yet for 5 years, count the number of days you've been in Canada so far since becoming a PR and add the number of days left in your 5 year period that you could possibly be in Canada.  Make sure that you could be in Canada 2 years in the first 5 year period (the sum of number of days you have been + number of days you could be in Canada must be at least 2 years the first 5 year period).

If you meet one of the exceptions about (spouse of Canadian abroad, etc) then make sure you are accompanying that person for 2 years in 5, etc.
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These are just some thoughts based on the information available, what I've read, and my experience.  I am not an expert; if you want the facts, cic.gc.ca has a wealth of information.  Good luck with your application!  Hope you have a wonderful day *smile*
chrisf
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« Reply #12 on: May 15, 2015, 11:37:46 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.


Firstly, thanks for your sterling work on this forum, Leon.

I've read that if you are outside of Canada with your Canadian citizen spouse then this counts towards your PR residency status days. Is this true? Does my Canadian citizen spouse have to be employed by a Canadian company outside of Canada for this to be applicable?
Also, do the couple have to be actually married, or as in my case, we are not married but lived together for more than 2 years so does that count as the same as marriage?


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Leon
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« Reply #13 on: May 15, 2015, 03:40:37 pm »

Firstly, thanks for your sterling work on this forum, Leon.

I've read that if you are outside of Canada with your Canadian citizen spouse then this counts towards your PR residency status days. Is this true? Does my Canadian citizen spouse have to be employed by a Canadian company outside of Canada for this to be applicable?
Also, do the couple have to be actually married, or as in my case, we are not married but lived together for more than 2 years so does that count as the same as marriage?

Hi, your days spent with your citizen spouse outside Canada do count towards your RO as a PR.  Your spouse does not have to be employed by a Canadian company for that.  You do not have to be married, it is the same if you are common law.

You can read about this here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 11 where it says:

Quote
Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada, or:

 is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;

 is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;

 is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.
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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
chrisf
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« Reply #14 on: May 15, 2015, 11:39:43 pm »

Perfect, thanks Leon
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