How to keep status while study outside of Canada

[guixiuek]

Hi all,

I have a question about the obligation. I am a first-year phd student in USA now and just have the permanent residence visa. In this case, how to keep the card? I cannot live Canada for two years within the next five year. Is there an exception for education outside of Canada? or if I can defer the obligation in this situation?

If you can share the similar experience or provide the answer from right source,not just guess, I appreciate!

Thanks!

 

[issteven]

i don't think that's possible, please correct me if i'm wrong. otherwise, anyone just register with a community college anywhere in the world for education to dodge the obligations...

Hi all,

I have a question about the obligation. I am a first-year phd student in USA now and just have the permanent residence visa. In this case, how to keep the card? I cannot live Canada for two years within the next five year. Is there an exception for education outside of Canada? or if I can defer the obligation in this situation?

Thanks!

 

[Leon]

They make exceptions for humanitarian reasons such as taking care of a dying relative in another country but not for studies.

If you want to maximize your chances, you should try to visit Canada at least every year. It will make it less likely that they figure out that you don't meet the RO (residency obligation) as you enter as you can always truthfully say that you were outside Canada for a year.

After you have completed your studies, there is a chance that you can keep your PR if you are able to return without getting reported for being in breach of the RO. You could then live in Canada for 2 years straight and your PR status would be back in good standing according to the current regulations anyway.

However, you should try to meet the RO if possible because there is no guarantee that they wont report you and no guarantee that they wont change the regulations allowing for this loophole.

 

[guixiuek]

Thanks!

Do you know where can I find the resource or police?

 

[Leon]

You can find it here: http://www.cic.gc.ca/english/resources/manuals/ under overseas processing under OP 10 – Permanent Residency Status Determination (PDF, 665.91 KB)

It is on page 12 where it says:

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.

So that basically means that if they don't report you for being in breach of the RO at a time that you don't meet the RO and you manage to stay in Canada for 2 years and meet it again before applying to renew your PR card, they must consider that you now meet the RO and renew it as they can not go back to an earlier period and say you did not meet it then if they did not catch you then.

 

[kateg]

What you are describing is exactly what the R/O is intended to stop. Permanent Residents are expected to continually maintain ties to Canada.

The officer may take pity on you, but you should do everything you can to maintain the ties.