To maintain my Permanent Residence status

[bristi]

Hi..I am a permanent resident of Canada. I have first landed in Toronto, Canada in May 17th 2011. But I went back to Japan in 7th July 2011 after getting my PR card. The reason is I was doing PhD in Japan. In 24th May 2013 again I went back to Canada and stayed until 25th December 2013. Then due to some family problem I am now staying in my home country from 26th December 2013 to till now and will go back Canada in first week of November 2014. Now I am afraid whether I will be able to maintain my PR status or not. Please answer my query so that I can relief. For ur kind information my PR cards expiry date is 14th July 2016. Please let me know when will be better to go back Canada to maintain my PR status?

Really appreciate your all expert opinions in this regard!

 

[meyakanor]

Since you have been a PR for less than five years, then you must show that you will still be able to accumulate 731 days before the completion of your fifth year as a PR. In this case, by May 16 2016, you need to still be able to accumulate 2 years (or 731 days).

If you have been a permanent resident for less than five (5) years
you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

So your days in Canada so far:

May 17 2011 - July 6 2011 (50 days)
May 24 2013 - December 25 2013 (215 days)

Let's say you re-enter Canada on November 1 2014. Until the completion of your fifth year (May 16 2016), you may add these days to determine whether you are in compliance with the residency obligation. So from Nov 1 2014 - May 16 2016, there are 562 days.

So adding these 562 days to the days you already had (50+215), you would have 827 days, so there would be no problem as far as residency obligation is concerned if you're back on Nov 1 this year. This is, of course, assuming that you won't leave at all until the completion of your fifth year (and assuming that you enter on the first day of November this year).

If you leave the country between Nov 1 2014 and May 16 2016, then you need to take into account any days you are absent. If it gets to a point where you no longer satisfy RO, then you risk getting reported whenever you attempt an entry to Canada.

 

[bristi]

Dear Meyakanor,
Thanks for ur kind response. It was really a great help for me!
I would also like to know about the new law regarding PR? Should it be applied for my case or not?

Thanks in advance.!!

 

[Leon]

I would also like to know about the new law regarding PR? Should it be applied for my case or not?

Which new law?

There is also another way to calculate the residency requirements for PR. If you look at the PR renewal forms, they ask how long you have been outside Canada since you landed if it was less than 5 years ago or otherwise in the past 5 years. You should have less than 1095 days outside.

Your first absence of July 7th 2011 to May 24th 2013 counts as 687 days. Your second absence of December 25th 2013 until say November 7th 2014 would be 317 days. Therefore, you would already have 1004 days outside since you landed. You would be allowed up to 1094 days outside so until your 5 year PR anniversary on May 17th 2016, you could be away for a maximum of 90 days. However, I would advise not cutting it too close and leave yourself a buffer of at least 10 days.

You should also be aware that after meeting the requirements and getting a new PR card, they always look at the past 5 years so
you can not immediately leave for up to 3 years again. You have to make sure that at no point in time do you go over 1094 days outside Canada in the past 5 years. Even with a new PR card, you can still be reported on entry to Canada if you do not meet the residency obligation as well as if you lose your PR card while you are outside Canada and must apply for a travel document, you would have a problem if you don't meet them.

 

[bristi]

Dear Leon,
Thanks for your advice regarding my issue.
Anyway, I would also like to know about new immigration in Canada. My sister is a family physician and she wants to immigrate in Canada. To apply in federal skilled worker category she needs a form named: MCC (medical council of Canada) to verify her credentials from her medical University (home country) and then that form along with credentials should be send to MCC of Canada. But we couldn't found that form from immigration website or elsewhere. If u have any idea about this please help my sister so that she can proceed.
Beside Leon if anyone of this forum knows regarding this form please help me......


Thanks in advance

 

[PMM]

Hi

Dear Leon,
Thanks for your advice regarding my issue.
Anyway, I would also like to know about new immigration in Canada. My sister is a family physician and she wants to immigrate in Canada. To apply in federal skilled worker category she needs a form named: MCC (medical council of Canada) to verify her credentials from her medical University (home country) and then that form along with credentials should be send to MCC of Canada. But we couldn't found that form from immigration website or elsewhere. If u have any idea about this please help my sister so that she can proceed.
Beside Leon if anyone of this forum knows regarding this form please help me......


Thanks in advance

Did you read the MCC web site? http://mcc.ca/repository/educational-credential-assessment/ The information is there on how to submit your credentials on the right hand side of the page.