Leaving after Landing? What constitutes 'days' towards Permanent Residency?

[thaihubbie]

How long must a sponsored person stay in Canada to retain Permanent Residency? It says on one law firm's web site under F/A Questions that if the landed person is accompanying their spouse outside of Canada,who is already a Permanent Resident that days outside of Canada would still be included towards Permanent Residency days. Can anyone clarify this for me?

[mitamata]

I answered your PM, but for anyone else:

Canadian Permanent Residents have the right to enter and live in Canada.
Canadian Permanent Residents must meet certain residency obligations or they may lose their Permanent Resident status. Two years of "residency days" must be accumulated in every five-year period. Residency days need not be consecutive and may be accumulated inside or even outside of Canada, in the following ways:

Inside Canada:

    * By physical presence
       

Outside of Canada:

    * By accompanying a Canadian citizen spouse/common-law partner, or
    * As a child accompanying a parent, or
    * By employment on a full-time basis with a Canadian enterprise or the Public Service of Canada, or
    * By accompanying a Canadian Permanent Resident who is outside Canada and who is employed on a full-time basis by a Canadian enterprise or the Public Service of Canada, as the employee's spouse/common-law partner or child.
       

Prior to June 28, 2002, Canadian Permanent Residents could, in certain circumstances, obtain Returning Resident Permits that allowed the holder to remain abroad for a given length of time. Returning Resident Permits are no longer available, but any time remaining on a previously issued permit will be honoured. Moreover, days that have been spent outside of Canada under a valid Returning Resident Permit are accounted as residency days.

The calculation of residency days for a person who has been a Canadian Permanent Resident for more than five years will be limited to the five years immediately preceding the examination. Persons who have been Canadian Permanent Residents for less than five years must demonstrate that they will be able to meet the residency requirement during the five-year period immediately following their becoming a Canadian Permanent Resident.

Taken from http://www.canadavisa.com/canadian-immigration-residency-obligations.html

So yes, living outside of Canada with your Canadian citizen spouse counts. But only for keeping PR, it wouldn't count towards the residency requirement for getting citizenship. That's another matter though.

[thaihubbie]

Sorry for my ignorance, but if someone landed and then left let's say 6 months later. What would the visa 'look like' in their passport? Is it a sticker or a stamp that says Permanent Residency Visa? and if the person left and returned it wouldn't be an issue at the airport?

[PMM]

Hi

Sorry for my ignorance, but if someone landed and then left let's say 6 months later. What would the visa 'look like' in their passport? Is it a sticker or a stamp that says Permanent Residency Visa? and if the person left and returned it wouldn't be an issue at the airport?

They are issued a permanent resident card.  New Immigrants receive it about 30 days after "landing"

PMM

[thaihubbie]

If the person decides to leave after receiving their Permanent Residence Card, how do they go about retaining the card? Is it limitless? Upon returning to Canada at any date in the future what is in their passport? Do they only need a passport and the card?

[mitamata]

When the application is approved, a one use visa is put in the applicant's passport. That visa is used and then voided when the applicant "lands" and thus becomes a PR. After that, you use the PR card to travel to Canada. When it's ready, the PR card is sent to the address the applicant specified when landing, it has to be an address in Canada.

The PR card when issued is valid for 5 years. When it expires, you have to apply for a new one - a PR card renewal. This can only be done in Canada, because the applicant has to pick it up in person in Canada. If your PR card expires while you're out of the country, that doesn't mean you're no longer a PR. When you apply for it again, they determine if you're still a PR or not.
If you're out of the country and need to go back to Canada but don't have a valid PR card, you can apply for a temporary travel document for PRs with the local Canadian embassy.

If your husband will be staying out of Canada a lot, make sure you keep plenty of documentation about where he's living and who with (meaning you). So there won't be any issues when he needs to renew his PR card.

[thaihubbie]

This is quite interesting. Does a person have to apply for their PR card after 'landing'? OR have they already 'applied' when they were issued the one time Visa?

[Karlshammar]

When you land the officer will verify your address and the PR card will automatically be sent there.

[whoopi83]

Also be aware that days towards retaining PR is twofold.  Whilst you can retain PR if out of Canada if with a Canadian spouse/partner those days do not satisfy the physical presence test when/if applying for citizenship.

[Leon]

The residency requirements to apply for citizenship are completely separate and unrelated to the residency requirements for PR.

To keep PR: Needs to be in Canada at least 730 days in any 5 year period.  Time spent outside Canada with a Canadian citizen spouse or parent also counts towards this as well as some other situations, PR working for a Canadian company overseas, spouse of such PR etc.

To apply for citizenship: Needs to have spent at least 1095 days in Canada in the previous 4 years before applying. 

[thaihubbie]

What happens when the person 'lands' but they have a Return Date on their Air ticket for that year (whenever) will the officer at the border reject the person? or once the person has been approved for PR, they get the one time Visa in their passport and can be truthful that they might leave? That means the entire Sponsorship Application PART A was a sham because the Sponsor is supposed to prove their plan to re-establish themselves in Canada i.e. job, letter from family etc. etc.but when they arrive in Canada they are entering with a Return ticket... .

[arewethereyet]

What happens when the person 'lands' but they have a Return Date on their Air ticket for that year (whenever) will the officer at the border reject the person? or once the person has been approved for PR, they get the one time Visa in their passport and can be truthful that they might leave? That means the entire Sponsorship Application PART A was a sham because the Sponsor is supposed to prove their plan to re-establish themselves in Canada i.e. job, letter from family etc. etc.but when they arrive in Canada they are entering with a Return ticket... .

That's an interesting questions, because, there may be a legitimate reason for a return ticket. Say the person arriving was landing to ensure they were within the window of the expiry date on the one-use landing visa and then they needed return to there country of origin to finish up shipping, business affairs or sell property etc.

[Leon]

When applying to sponsor a spouse from overseas, yes, you do have to convince immigration you are moving to Canada.  However, you do not have an obligation to move to Canada after they get their PR.  It's kind of cheating the system but when you are in the situation that your husband can not for the life of him get a visit visa to come with you to visit Canada, it's not like you had any other choice than to apply for his PR.

[thaihubbie]

Yes, I would agree. It's sort of cheating the system after the system cheated us. After my husband was refused a Tourist Visa twice, we were told I needed to sponsor him. So now we are reluctantly doing it, knowing full well that we don't really want to move there now. So supposing that everything is processed properly can my husband 'land' in Canada with a Return ticket in his pocket? If they interview him at the airport does he have to 'convince' the officer that we are moving permanently to Canada in order to be let in?

[Suin]

To keep PR: Needs to be in Canada at least 730 days in any 5 year period.  Time spent outside Canada with a Canadian citizen spouse or parent also counts towards this as well as some other situations, PR working for a Canadian company overseas, spouse of such PR etc.

if a PR spouse goes for vacation with a Canadian spouse will it count too?