confused about residency obligation

[pinoy ako]

hi to all the members of this forum

I landed as immigrant last FEB 2012 and secured all the nessecary documenst like SIN, health card, bank account, and as well PR card... Now since i dont have a job yet, iam planning to go back in my country and settle some personnal issues... My concern is, somebody told me that i have only 6 months maximum outside CANADA, is this true? i need some concrete answer for this matter... thanks in advance for a nice and helpful answer with my problem.
In addition, in my own knwoledge and opinion, i think there is a FIVE YEAR RULE, and to avoid cancelling of permanent residency you should stay in CANADA at least TWO YEARS or 730 days in that FIVE YEAR PERIOD. So, in my case since i was landed last FEB this year and iam planning to have vacation next month (JUNE 2012), so i stayed here for almost 3 mos or approximately 90 days since i was landed... so is this means that i will gonna stay in CANADA for 640 days more to comply with the residency obligations? BTW my permanent card issue date is may 4, 2012 and expired on may 2017.

 

[scylla]

No - there is no six month rule.

Yes - to retain your PR status, you must live in Canada two out of every five rolling years.

 

[Leon]

You have to stay in Canada at least 730 days in your first 5 years as a PR and after that, any rolling 5 year period. That means you can be outside Canada for as much as 3 years at a time, as long as you stay in Canada the other 2.

The 6 months rule is old, it was changed in 2002.

 

[pinoy ako]

thanks for scylla and leon for the very informative answers you gave... thanks for this forum... i really love it... GOD bless you all guys

 

[Monarca]

You have to stay in Canada at least 730 days in your first 5 years as a PR and after that, any rolling 5 year period. That means you can be outside Canada for as much as 3 years at a time, as long as you stay in Canada the other 2.

The 6 months rule is old, it was changed in 2002.

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Leon,

I am clear as to the 730 day rule, as ref. in sec. 28 (2) (a) of IRPA. However, I am a little concerned by a text that appears on my letter presenting my CPR, issued by the Canadian embassy in Mexico City, which says ad-verbatum:

"PERMANENT RESIDENCE STATUS. Until you obtain Canadian citizenship, your permanent residence status may be revoked if you are outside Canada more than 730 days within 5 years,....".

I don't know if I am reading this correctly but from the text I understand that I can only spend upto 730 days outside of Canada within the 5 year period. I would think that this contradicts the reference on IRPA, which says that I would not comply if I don't prove residency inside of Canada for at least 730 days.

I have been looking all over to see if there is any reference to the text quoted on the letter from the embassy, but have not been able to find anything.

Pease advise if there is any provision that prevents a PR from staying outside of Canada for longer than 730 days.

Thanks.

 

[Leon]

I am clear as to the 730 day rule, as ref. in sec. 28 (2) (a) of IRPA. However, I am a little concerned by a text that appears on my letter presenting my CPR, issued by the Canadian embassy in Mexico City, which says ad-verbatum:

"PERMANENT RESIDENCE STATUS. Until you obtain Canadian citizenship, your permanent residence status may be revoked if you are outside Canada more than 730 days within 5 years,....".

I don't know if I am reading this correctly but from the text I understand that I can only spend upto 730 days outside of Canada within the 5 year period. I would think that this contradicts the reference on IRPA, which says that I would not comply if I don't prove residency inside of Canada for at least 730 days.

I have been looking all over to see if there is any reference to the text quoted on the letter from the embassy, but have not been able to find anything.

I think the embassy is confused here. Contact them and ask them to verify and link to a site on the CIC website where it says that. They will not be able to because there is no such thing. The residency requirements are clearly stated here:

You must meet the residency obligation to obtain a Permanent Resident Card.

If you have been a permanent resident for Five (5) years or more

* you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.

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 physical presence in Canada at the five (5)-year mark.

 

[Monarca]

I think the embassy is confused here. Contact them and ask them to verify and link to a site on the CIC website where it says that. They will not be able to because there is no such thing. The residency requirements are clearly stated here:

Thank you Leon. I thought so too. I will check with them to see if there was indeed a mistake.