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srcpr

Member
Jul 23, 2013
14
0
Hi All,

I recently (8th July 2015) traveled from Kolkata to Toronto using my PR card, and had some issues to check in, I am sharing my experience to confirm if there is any change in immigration law.

I completed my landing (CEC) activity on 05-Dec-2014 and went back just after landing and traveled back 8th July 2015, after more than 180 days.
I had flight Kolkata>Mumbai>Frankfurt>Toronto. (Jet Airways> Lufthansa> Air Canada ).
I was supposed to get through check in from Kolkata, but when I reached Kolkata airport Jet Airways told me I cant travel back to Canada since I am out of Canada for more that 180 days, they mentioned there is a new law, your permanent residency becomes invalid if you are out of Canada for more than 180 days. I had around 30 mnts argument with that lady and her supervisor but they did not issue me the Toronto boarding pass, they agreed to issue the boarding till Mumbai as domestic passenger.
In Mumbai I collected my luggage and went to Lufthansa to check in, they did not ask me anything they just did the check in and issued the boarding pass.
During Canada customs, officer asked me since when I am out of Canada, after hearing the timelines she mentioned something like, 'you should be aware of all the permanent residency rule when you have PR'. Honestly I did not understand why she mentioned that, I just walked in.

Does anyone know if there is any such new residency obligation? As per my understanding someone needs to be in Canada for 2 years out of first five years.
My wife has not traveled with me, she has plan around early next year i.e she will be out of Canada for more than 365 days, is it going to be an issue?


Thanks
sr
 
No - there is no new law for permanent residency.
 
This rule is there in most of the countries but not in Canada.
 
The 6 months rule was in effect until 2002. You had to spend at least 6/12 months in Canada back then or you would lose your PR so spending 6 months at once would have been the limit. Maybe the ticket agent was confused because the US has a 6 month rule for green card holders.

In Canada since 2002, it's 2/5 years you have to stay and not like you say only 2 out of the first 5 years but actually 2 years in any rolling 5 year period. That means that regardless of PR card expiry dates, once you have been a PR for more than 5 years, you should always be able to look back at the past 5 year period and say that you have spent at least 730 days (2 years) in Canada.

I don't know if your wife will have problems when returning. I guess it depends on if she ends up with the same ticket agent. She will not get any problems from immigration for sure.