How long can I stay outside Canada?
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Author Topic: How long can I stay outside Canada?  (Read 30734 times)
kashif007
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« on: September 11, 2008, 11:48:01 pm »

Hi

I am a Canadian Permanent Resident but I did not stay much in Canada ever since I got my PR in Nov 2005. The total number of days I stayed in Canada hardly comes around 4 months. My work is based out in USA and I carry H1 status in the US. I need some information about the duration that is permitted for PR holders who stay outside Canada. My PR card shows that its valid this NOV 2010, although my concern is that I have been staying outside canada for nearly 22 Months now which is 1 year and 10 months. I want to know if I stay more than 2 years outside canada without entering even once into Canada will my PR card be still valid or the Canadian government will cancel my PR ?

Please advice.

Thanks
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Leon
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« Reply #1 on: September 12, 2008, 12:10:06 am »

The PR residency requirements are not being gone from Canada more than 1095 days in any 5 year period.  So if you have been PR since Nov 2005 and stayed in Canada total 4 months since then, your PR will be forfeited unless you come back to Canada before you reach 1095 days away (March 2009) and stay for the next 2 years.

There are some exceptions like being married to a Canadian citizen and being with them in another country or working for a Canadian company overseas.  You can read about this at http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
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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
kashif007
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« Reply #2 on: September 12, 2008, 12:30:06 am »

Thanks Leon for the quick reply and the link. I believe I would be loosing my PR pretty soon since I cannot leave my job in USA till July 2009.

Any other suggestions to save my PR ?

Can I make it through the customs if I come in July 2009 and stay in Canada till it comes to 1095 days and then apply for Citizenship?
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Leon
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« Reply #3 on: September 12, 2008, 12:44:04 am »

If customs don't catch you going in which is possible, it would only come up when you want to renew your PR card that you would have to list your absences from Canada in the 5 years previous.  If you come back in July 2009, you would need to wait to renew it until you have at least 730 days in Canada in the 5 years previous so sometime in 2011 you could renew it.  In the meantime, you can't leave Canada.  When you have lived in Canada for 1095 days in the previous 4 years, you can apply for citizenship. 
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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
kashif007
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« Reply #4 on: September 12, 2008, 12:57:36 am »

Thanks again, your the Man.

How long (time duration) will it take for me to get the PR (as a skilled worker with family i.e. wife) if I apply fresh from USA ?

I am planning to get married too and I cannot bring my wife with me to Canada unless she has a PR. So I am thinking to give up my PR now and apply fresh from USA. In the the mean time I can always visit Canada with my wife if needed, isn't it ?

I am in a complete dilemma and I just can't figure out how to save my current PR. Please advice what will suit me the best ?
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Leon
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« Reply #5 on: September 12, 2008, 08:14:21 am »

If you came back before your PR gets cancelled, you could sponsor your wife for PR.  If you want to apply again, if you apply as a skilled worker from the US, the average is 19 months now.  If you get a job offer and temporary work permit under a provincial nominee program, you can move as soon as your work permit goes through and you would probably have PR in less than a year.
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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
nitin1282
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« Reply #6 on: January 16, 2012, 04:01:31 am »

Hi,

I have a similar query. I work in Canada on wok permit and I want know if I travel outside Canada,

1. How long I can stay outside Canada on a stretch?
2. In a calender year, for how many days I can be outside Canada?
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dhebby
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« Reply #7 on: October 11, 2012, 05:49:55 pm »

Good Day!

I am a new immigrant here in Vancouver from Philippines. My mother sponsored me and my two other siblings. We landed here last September 19, 2012 and the immigration officer told us that we will receive our PR card the following month. I just want to ask if we will receive our PR card by the end of this month and I am going back to the Philippines, how long can I stay there? I am aware that, in order to be a permanent resident here in Canada, I have to stay at least 2 years with in 5 years from the date we received our PR Card. But is it possible if I will stay in the Philippines for 2 years, then come back to Canada for 3 years without going outside the country for that time period for me to maintain my permanent residency status?

I hope you could provide me answers in order for me to know what to do to avoid violation regarding to maintaining PR card. Thank You.
I hope to hear from you soon.

Best Regards
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Leon
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« Reply #8 on: October 12, 2012, 12:08:07 am »

Yes, that is possible.  When they say you can be outside for up to 3 years, they really mean it.  You can return after 3 years minus 1 day and keep your PR but if you stay outside so long, you also must stay for 2 years straight afterwards.  Then you can leave for 3 years again.
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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
mildred97
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« Reply #9 on: January 10, 2013, 04:01:26 am »

Hi Leon

I have a similar query. I am holding a Canadian Permanent Resident as well but however I don't live in Canada.
I did my landing first on 27th January 2010 and received my PR a month after.

The validity of my PR card is till !5th February 2015. I am not keen on receiving the citizenship status for now due to my job commitments but however I would like to keep my PR status.  Will it be possible for me to renew my PR after it expires? Will I be able to visit Canada later even after crossing 1095days outside?

Please revert as soon as you can
Thank you
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Leon
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« Reply #10 on: January 10, 2013, 12:03:57 pm »

The validity of my PR card is till !5th February 2015. I am not keen on receiving the citizenship status for now due to my job commitments but however I would like to keep my PR status.  Will it be possible for me to renew my PR after it expires? Will I be able to visit Canada later even after crossing 1095days outside?

You aren't eligible for citizenship because you haven't lived in Canada for 1095 days as a PR so that is a non-issue.

As for keeping your PR, that depends.  You can certainly continue to visit Canada while your PR card is still valid.  At some point, the immigration officers might get the idea that you are not really living in Canada.  They may warn you, lecture you and in worst case they can report you for not meeting the residency requirements.  If they do, you can appeal but unless you have some solid humane and compassionate reasons for why you could not meet your requirements, you will probably lose your PR.  Trying to renew your PR card on expiry without meeting the requirements, same thing.

After your PR card expires, it will be harder for you to visit unless you are visa exempt to Canada.  If you do get into Canada before your card expires or even after your card expires without being reported and then stay for a full two years without leaving, you could apply to renew your PR card based on that you now meet the requirements again.  If immigration did not report you and revoke your PR already, they are not allowed to look at if you met the requirements for any period other than the previous 5 years before you applied.
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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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« Reply #11 on: September 14, 2013, 10:15:11 pm »

You aren't eligible for citizenship because you haven't lived in Canada for 1095 days as a PR so that is a non-issue.

As for keeping your PR, that depends.  You can certainly continue to visit Canada while your PR card is still valid.  At some point, the immigration officers might get the idea that you are not really living in Canada.  They may warn you, lecture you and in worst case they can report you for not meeting the residency requirements.  If they do, you can appeal but unless you have some solid humane and compassionate reasons for why you could not meet your requirements, you will probably lose your PR.  Trying to renew your PR card on expiry without meeting the requirements, same thing.

After your PR card expires, it will be harder for you to visit unless you are visa exempt to Canada.  If you do get into Canada before your card expires or even after your card expires without being reported and then stay for a full two years without leaving, you could apply to renew your PR card based on that you now meet the requirements again.  If immigration did not report you and revoke your PR already, they are not allowed to look at if you met the requirements for any period other than the previous 5 years before you applied.
hi sir I would like to know regarding this issue living outside canada...
At this time Im not planning to stay in canada due to job commitments... How long do I need to stay outside Canada...I mean my permited days of outside canada? tnx
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Leon
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« Reply #12 on: September 15, 2013, 01:52:58 am »

hi sir I would like to know regarding this issue living outside canada...
At this time Im not planning to stay in canada due to job commitments... How long do I need to stay outside Canada...I mean my permited days of outside canada? tnx

As a PR, you can stay outside Canada up to 1095 days in a 5 year period without risking your PR status.
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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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