Maintaining Permanent Residence status - 2 years in, 6 years out, 2 years in

[morbrb]

Hi, I guess this should be a very common question, but for some reason I cannot do a good search to find the answer. Can I do this:

Land 2014 and live for two years (2016), then leave and come back in 2019 just to renew the PR, then leave and come back and live for 2022 and 2023? In other words can I live in Canada for 2 years, be out for 6 years and then come back to live for 2 years again and keep my PR status?

 

[scylla]

No - you can't. The five years is a rolling five years. This means that at any time, you must be able to look back at the previous five years and have spent 2 out of those 5 years in Canada. Leaving for six years straight consequently isn't possible if you want to guarantee you will retain your PR status. The most you can leave for is 3 years - in that case you will have to remain in Canada for 2 years straight once you return.

 

[Leon]

I have to agree with scylla.

Your renewal with 2 years in and almost 3 years out will work. Then you leave again after getting your new card and then it becomes a question whether you get caught or not.

Any time you enter Canada, immigration can examine your status. If they notice upon your next entry that you have been outside Canada for more than 3 years in the previous 5, they can report you and you would have to appeal for your PR. If you had no good reason for not being able to stay your 2 years, you would lose the appeal. Personal reasons like job, education etc. are not considered good reasons. Taking care of a dying relative would pass if you can prove it.

Another risk would be if something happens to your PR card while you are outside Canada, lost, stolen, destroyed etc. If you are in the situation of having to apply for a PR travel document, they will look at if you meet the residency obligation for the past 5 years. They do not care if you had a valid PR card or how much time was left on it. If you don't meet the requirements in that case, you have a problem. They would likely refuse the travel document and revoke your PR then.