How long can we stay outside canada without loosing PR

[EO ASR]

Hi Seniors,

Me, My wife & my daughter were landed PRs through MPNP on 11 OCT 2012. We stayed in canada till March 2013 and arrived back on 20 March 2013. I got my daughter admitted in school at winnipeg and myself also did some starter jobs over there while my wife could manage to get work only for a week or so. We lived in a apartment over there and paid all the bills etc well in time . But despite our best efforts, me and my wife were not able to get any regular jobs due to which my financial position started to crumble. Hence we decided to move to Calgary. Before coming back, me and my wife both filed T4's in Winnipeg for the year 2012. We reached calgary on 9-10 March 2013 by road. After staying there with a friend for about ten days we came back from canada. As my wife was getting child benefit, so after coming back, she informed the concerned department in the prescribed form about our address change. She sent the form by fax and also by post to canada about the change. Then My wife and daughter again departed to canada (Calgary) on 15 june 2013 and arrived back on 09 july 2013 while i myself departed to canada (Calgary) on 28 March 2013 and arrived back on 09 May 2014. Before departing i Filed my T4 for the year 2013 at Calgary and also got the t4 of my wife filed but couldnt sign it as she was not present. After this none of us has yet been to canada.

Can u please advise me that :
1) How long can we stay continously stay outside Canada without loosing our PR. (If u can help me with dates, it will be highly appreciable)
2) Is it mandatory for us to settle at winnipeg only..
3) Any other advise in this regard which would be helpful for me for preventing my PR status...

Thanks in advance

 

[Leon]

1) You are allowed to be absent up to 1094 days total in your first 5 years as a PR, counting from your landing date and in any rolling 5 year period after that.

If the travel dates you have given are correct, your days of absence now look like this:

Landed as PR: 11 Oct 2012

Left Canada: 20 March 2013
Arrived in Canada: 28 March 2013 : DAYS ABSENT = 7 DAYS

Left Canada: 9 May 2014
Today: 10 May 2015 : DAYS ABSENT = 365 DAYS

So far, you have one year and 7 days absent. You can stay outside for 2 years less than a week without risking your PR. However, I would not cut it that close til the last day. Give yourself a buffer and return at least a week before you must so say for example the 1st of May 2017 at the latest.

For your wife and daughter:

Landed as PR: 11 Oct 2012

Left Canada: 20 March 2013
Arrived in Canada: 15 June 2013 : DAYS ABSENT = 86 DAYS

Left Canada: 9 July 2013
Today: 10 May 2015 : DAYS ABSENT = 669 DAYS

Your wife and daughter have already stayed outside for 755 days. Then can stay outside for another 339 days (less than a year, more like 11 months) before they start risking their PR.

2) As a PNP applicant, you must have signed a form stating that you intend to settle in MB. You did intend to settle in MB and you tried but were unsuccessful. This can not be held against you. You are free to settle anywhere in Canada at this point.

 

[EO ASR]

Thanks a ton Leon... While writing the dates I made a silly mistake. My second date of arrival in Canada was 28 March 2014 and not 28 March 2013. So I will add a year in that also making it to 372 +365 = 737 days. So shall I subtract 737 from 1094 days ! Thanks

 

[Elnakeeb]

Leon thanks a mil, for the info.
I actually have one more Q, so they calculate based on days? Which means I don't have to be physically present in canada for a certain amount of time every year of the five years? I can just cover the required days collectively?

Thanks
Amira

 

[Leon]

Thanks a ton Leon... While writing the dates I made a silly mistake. My second date of arrival in Canada was 28 March 2014 and not 28 March 2013. So I will add a year in that also making it to 372 +365 = 737 days. So shall I subtract 737 from 1094 days ! Thanks

Yes, you have then been outside Canada for 2 years and a week already and should return at the latest in 11 months and 2 weeks or so which would give you a one week buffer.

Leon thanks a mil, for the info.
I actually have one more Q, so they calculate based on days? Which means I don't have to be physically present in canada for a certain amount of time every year of the five years? I can just cover the required days collectively?

Thanks
Amira

That's right. You can be outside Canada for up to 1094 days in the 5 year period. You can be outside for all that time at once and then make up for it by staying in Canada for a period of 2 full years afterwards and then you can leave for 1094 days again. There is no requirement to spend a certain time in Canada every year.

 

[EO ASR]

Leon... I am amazed to the thought that how helpful you are. My heartfelt sincere salutations to you..