second PR

[desiengineers]

I am holding a second pr(mar2008-mar2013) and the first was(mar2003-mar2008) and I am out since nov. 2008. from Canada. Upto how much time i can stay out and must return back so that I don't loose my validity of P.R. please advise.STAYED THERE FOR 4 YEARS FROM JULY 2004 TO NOV 2008 CONTINUE SLY.

 

[Leon]

You always have to be in Canada for at least 730 days in the previous 5 years. It doesn't have anything to do with the period of your PR card. You can be gone for up to 3 years but then you need to stay for 2 so if you stay out until Nov. 2011, you need to come back and stay in Canada from Nov. 2011 to Nov. 2013.

 

[desiengineers]

Thanks Mr. Leon for your prompt reply but I want to know more.How they would count the previous 5 years.from the date of expiry of your PR or from the date of entry when you intend to enter into Canada. Also the time from March 2008 to Nov.2008(physical time spent in Canada) would be counted in this 730 days or not.Please be advised. Thanks again.

 

[Leon]

They count the last 5 years back in time from today and every day onward. So today it's July 17 2009 and in the last 5 years, you were in Canada for more than 730 days (July 2004 to Nov. 2008) to so you are ok. Ask youself that question every day. If you go back to Canada and do not fulfill the 730 days requirement in the past 5 years at the time you try to enter, the border guards can stop you right there and question your PR and you will have to prove how much time you have spent in Canada. If you slip into Canada unnoticed, they will check it when you apply to renew your PR card.

 

[OASP]

I have a question that i need help with..
I am a permanent resident, I have spent approx 3 months in Canada since i landed in July 2006. I want to come back in January 2010, however this will mean that i will not fulfill my obligation for the 730 days. Does this mean i stop being a Permanent resident one i cannot fulfill the requirement... and What are the chances of them renewing the card without me meeting the requirement...

I am flirting with a second option of coming back to canada in Sept on the 1st which would mean if i stay till the end of my card expiration, i would have met 741 days, the thing is that i'm a doctor and in my country i can work and make a very decent income, in canada i have exams to take and have to go through a residency program before i can work as a doctor, which i intend to do, but i was hoping to have some more savings prior to coming back.

tell me what is my position and the chances of me keeping my PR status

thanks

 

[Leon]

There are no guarantees when trying to fool immigration. It's possible that when you try to enter Canada and are unable to meet your 730 days in 5 years that they will catch you on entry and make you prove how long you've been in Canada since you got your PR. If they do that, you will lose your PR. If you get away with it, it becomes a question when you try to renew your PR card. If you send in an application to renew your PR card but you haven't met the 730 days, it will most likely be denied. Of course if you did get in unnoticed, you could let our PR card expire and only apply after you have spent your 2 full years in Canada and hope they don't go check further back. It would be a better option though to go back in September.