US greencard and Canadian PR

[lotus22]

My wife has already completed 3 years out of 5 years for her Canadian PR card. Original PR card received in 2003.

She received the renewal for her PR card in July 2008 and valid until 2013.

Now we have received the GreenCard and she will staying with me in US.

Does she need to surrender her PR card? She has bank accounts and investments in Canada.

Thank you
Pankaj Garg

[Leon]

She does not need to surrender her PR card.  You can be outside Canada for up to 3 years in a 5 year period and still keep your PR.

[lotus22]

Leon, thanks for quick response.

Does second PR has same requirements as well?

Thank you

[Leon]

By 2nd PR you mean that she had her PR card renewed?  Yes, it is always 3 years in any 5 year period they can be gone.  Actually rolling 5 year period so for example if somebody stayed in Canada 2 years, then goes away for 3, comes back and stays long enough to renew his PR card, then goes away for 3 and plans to come back again for 2, he would lose his PR.  Immigration doesn't always catch this though.

If your wife was outside Canada for example for 4 years on the new PR card, according to the rules, she would have lost PR status.  If she came back, they might catch her and might not.  If they catch her, they would give her a month to appeal their decision to take away her PR and prove that she has been living in Canada.  If she would get in, they will catch her when she tries to renew her PR card and has to state where she has been living.  She might live in Canada for 2 years and then apply for a new PR card in which case they probably would not catch her.

The only 3 things that can protect her PR if she is not living in Canada are: if you are a Canadian citizen OR if she was transferred to another country by a Canadian employer OR if you are a PR and you were transferred to another country by a Canadian employer.