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Being a PR , would be staying out of canada more than allowed. Is that a problem

anaesthetist

Full Member
Mar 16, 2012
31
0
Hi .. I am a permanent resident canada effective march 2012. Regarding the rule that a PR may stay out of canada for 3 years out of 5 to be eligible to maintain his status, I would be exceeding that time limit. I came back from canada immediately after receiving my PR card due to my studies and havent gone back as yet. My 3 years would be up June 2015. but my studies finish dec 2015. What may be the implications if I head back to canada In Jan 2016. May I be rejected entry, or can I make a strong case that i was completing my studies and hence over stayed my limit. Kindly advice.
 

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
anaesthetist said:
Hi .. I am a permanent resident canada effective march 2012. Regarding the rule that a PR may stay out of canada for 3 years out of 5 to be eligible to maintain his status, I would be exceeding that time limit. I came back from canada immediately after receiving my PR card due to my studies and havent gone back as yet. My 3 years would be up June 2015. but my studies finish dec 2015. What may be the implications if I head back to canada In Jan 2016. May I be rejected entry, or can I make a strong case that i was completing my studies and hence over stayed my limit. Kindly advice.
You WILL be allowed to enter Canada. You MAY be reported for failure to meet the residency obligation requirements. You MAY eventually lose your PR status as a result. Education choices are not considered in mitigation.
 

Hasher

Hero Member
Apr 2, 2010
302
4
anaesthetist said:
Hi .. I am a permanent resident canada effective march 2012. Regarding the rule that a PR may stay out of canada for 3 years out of 5 to be eligible to maintain his status, I would be exceeding that time limit. I came back from canada immediately after receiving my PR card due to my studies and havent gone back as yet. My 3 years would be up June 2015. but my studies finish dec 2015. What may be the implications if I head back to canada In Jan 2016. May I be rejected entry, or can I make a strong case that i was completing my studies and hence over stayed my limit. Kindly advice.
[/quote

Not to repeat what Zardoz said, but could be in trouble if you are not from Visa exempt country. Can You complete part of your education in Canada, if that can be done is better than reported, you couple visits to Canada might also help to minimize the chances of reporting, I you can Fly to Canada December and than again in Summer vacations. CBSA agent on good assume you have ties with Canada but a Bad day is Bad day and nothing works.

Good Luck with your planning