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Impact of absences from Canada on PR renewal?

mastersboy

Star Member
Oct 20, 2014
143
4
My spouse (U.S. citizen) & I (Indian citizen) received our Canadian PRs a year ago. We lived in Canada for 2 years on work visa before becoming Canadian PR. However Since receiving the PR my spouse stayed ~8 months in the U.S. since they sponsored me for an U.S. green card. My U.S. green card was approved but we decided not to move to the U.S. and preferred to stay in Canada. My spouse moved back to Canada and resumed working full-time. Now, given recent immigration rule changes in the U.S. we are considering moving to the U.S. By next time I interview for my U.S. green card my spouse will have completed 2 years in Canada as a PR. However, as part of the green card application process, my spouse might have to spend 2-3 months in the U.S.

My question is about the scenario where my U.S. green card does not come through for some reason, and we continue to stay in Canada. In such case, basically, when we are at the 4.5 years mark of our Canadian PR, we will apply for Canadian PR renewal. At that point my spouse will have more than 3 years (~1100 days) of stay in Canada (most of that time with full time jobs in Canada). Will the fact that they lived & worked in the U.S. for a year during their 4.5 years time as Canadian PR along with some short visits (two long absences from Canada, one ~8 months, one ~3 months and other short trips), and tried to sponsor me to the U.S. twice have an impact on renewal? More specifically, what are the chances for my spouse's PR renewal denial?

Inviting @badar14, @zardoz, @YVR123, @Bs65, @Regina, @mats, @canuck78, @scylla, @canuck_in_uk, @legalfalcon for your valuable opinions.

Thanks!
 
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Bs65

VIP Member
Mar 22, 2016
13,190
2,419
The rule is simple you need to accumulate 2 years in Canada in the 5 years from initial landing and after that initial 5 years you need to show 2 years in the 5 years preceding each new entry.

Nobody really cares how much time or how often you spend out of the country as long as you have 2 years banked either in first 5 years or the rolling 5 years period prior to each new entry to Canada.

So as long as meet the RO and can show this in the application then renewing a PR card should not be an issue.
 
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mastersboy

Star Member
Oct 20, 2014
143
4
The rule is simple you need to accumulate 2 years in Canada in the 5 years from initial landing and after that initial 5 years you need to show 2 years in the 5 years preceding each new entry.

Nobody really cares how much time or how often you spend out of the country as long as you have 2 years banked either in first 5 years or the rolling 5 years period prior to each new entry to Canada.

So as long as meet the RO and can show this in the application then renewing a PR card should not be an issue.
So the fact that one tried to move to the U.S. has no impact if the RO is met?
 

mastersboy

Star Member
Oct 20, 2014
143
4
I concur. The RO is enshrined in the IRPA/IRPR legislation. It is not contingent on intentions.
1. Does that mean RO for PR renewal is not contingent on intentions for both PR RO obligations and citizenship RO obligations OR just PR RO obligations?

2. OH MY GOD. Just saw your signature thingy - do you live in Kitchener? PM me and I'll be more than glad to buy you coffee/lunch. Your advice on this forums (including other threads) has been so helpful to me, so I owe you that. I'd like to hang out with you and learn from your awesomeness!
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
1. Does that mean RO for PR renewal is not contingent on intentions for both PR RO obligations and citizenship RO obligations OR just PR RO obligations?

2. OH MY GOD. Just saw your signature thingy - do you live in Kitchener? PM me and I'll be more than glad to buy you coffee/lunch. Your advice on this forums (including other threads) has been so helpful to me, so I owe you that. I'd like to hang out with you and learn from your awesomeness!
The applicant's current or future intentions have not been a factor in maintaining PR status since about 2001(ish) when the legislation changed to IRPA/IRPR. For citizenship, intentions have not been a factor since midway through 2017 with the coming into force of Bill C-6.

You still have to meet the residence requirements in all cases however, just not need to be concerned about what you are planning to do in the future.

Yes, I live in Kitchener and appreciate your generous offer. However, like all the more seasoned contributions to the forum, I prefer to remain unidentified, for multiple reasons. Not everyone likes the responses they have received. I hope that you understand. Thank you again.
 
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frazman007

Full Member
Jan 25, 2018
45
18
I have a question.
While Canadian PR is on the basis of "days spent in Canada", US PR is on the basis of intention.
A lot of following is probably a hypothetical.
But, if you moved back to the US and then came back to Canada as a permanent resident (with intention to maintain the Canadian Permanent Residency), aren't you in violation of your US residency?
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
I have a question.
While Canadian PR is on the basis of "days spent in Canada", US PR is on the basis of intention.
A lot of following is probably a hypothetical.
But, if you moved back to the US and then came back to Canada as a permanent resident (with intention to maintain the Canadian Permanent Residency), aren't you in violation of your US residency?
Is this not a question for a US forum rather than a Canada forum.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I have a question.
While Canadian PR is on the basis of "days spent in Canada", US PR is on the basis of intention.
A lot of following is probably a hypothetical.
But, if you moved back to the US and then came back to Canada as a permanent resident (with intention to maintain the Canadian Permanent Residency), aren't you in violation of your US residency?
Yes, the USA rules and methodology are very different. As suggested, check on a US-centric forum. Some people have managed to juggle their lives in such a way that they have been able to meet both country's requirements but I believe that it's not easy.