How long can I stay outside Canada?

[kashif007]

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

[Leon]

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

[kashif007]

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?

[Leon]

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. 

[kashif007]

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 ?

[Leon]

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.