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Maintaining Permanent Residency Status

annadubai

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Oct 17, 2012
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Hello, I have been here in Canada for 460 days and now got a job offer outside Canada, I have finished up the allowable time outside Canada before coming here for good, can I still maintain my permanent residency even if I work outside Canada and just come back for few weeks every 6 months to 1 year? Thanks.
 

scylla

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As long as you live in Canada two years out of every rolling five years - you can retain your PR status. If you cannot meet this residency requirement, then this puts your PR status in jeopardy and it could be lost.
 

Leon

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annadubai said:
Hello, I have been here in Canada for 460 days and now got a job offer outside Canada, I have finished up the allowable time outside Canada before coming here for good, can I still maintain my permanent residency even if I work outside Canada and just come back for few weeks every 6 months to 1 year? Thanks.
If you had stayed outside Canada for 3 years since you landed, then came back and have been back for 460 days now, you can not meet the residency obligation if you leave now.

The residency obligation means you must stay in Canada for at least 730 days in your first 5 years as a PR and after that in any rolling 5 year period. That means even if you meet the requirements for your first 5 years.. after that the days you stayed in Canada 5 years ago start to expire and you need to stay in Canada to replace them. If you had been gone for 3 years straight, you would have to stay for 2 years straight to make up for that. After that, you would be able to go away for 3 years again.
 

rajmalhotra7

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Leon said:
If you had stayed outside Canada for 3 years since you landed, then came back and have been back for 460 days now, you can not meet the residency obligation if you leave now.

The residency obligation means you must stay in Canada for at least 730 days in your first 5 years as a PR and after that in any rolling 5 year period. That means even if you meet the requirements for your first 5 years.. after that the days you stayed in Canada 5 years ago start to expire and you need to stay in Canada to replace them. If you had been gone for 3 years straight, you would have to stay for 2 years straight to make up for that. After that, you would be able to go away for 3 years again.
Just a quick one Leon - could be a silly one

If someone landed in June 2007 on PR then first 5 year period will end in June 2012. The person maintains 730 during these 5 years (2007-2012).

The next 5 year rolling period would be from June 2008 to June 2013 or June 2012 to June 2017 - For which person has to again meet 730 days residency requirement to maintain PR.
 

PMM

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rajmalhotra7 said:
Just a quick one Leon - could be a silly one

If someone landed in June 2007 on PR then first 5 year period will end in June 2012. The person maintains 730 during these 5 years (2007-2012).

The next 5 year rolling period would be from June 2008 to June 2013 or June 2012 to June 2017 - For which person has to again meet 730 days residency requirement to maintain PR.
Note quite, as it is a rolling 5 year period. As of today, CIC would look back to Oct/18/2007 Tomorrow, they would look back to Oct/19/2007 and so on, to see if you have met PR residency.
 

Leon

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Right, it is a rolling period so the 5 year window moves from one day to another all the time. Once you have been a PR for more than 5 years, you must always have 730 days in Canada looking back at the past 5 years from any date.

If someone landed in June 2007 and they met the residency requirement for their first 5 years, they must now be aware that the days they stayed just after their landing will be moving outside that past 5 year window. Say if they count towards their 730 days some days they stayed when they landed, if they leave Canada at the 5 year mark, these days they stayed after landing move outside the 5 year window and if they were at exactly 730 days, they will move under the 730 day mark. If they have a valid PR card, they will probably get into Canada just fine and meet the requirements during their next PR card period. However, if something happens to the PR card, maybe it is lost, stolen or destroyed and the person needs to apply for a PR travel document to return, if they do not have 730 days in Canada in the past 5 years at that point, they may not be given a travel document and could lose their PR.
 

rajmalhotra7

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Leon said:
Right, it is a rolling period so the 5 year window moves from one day to another all the time. Once you have been a PR for more than 5 years, you must always have 730 days in Canada looking back at the past 5 years from any date.
That is a tough condition. On any given day, person needs to maintain 730 days in past 5 yrs.

I thought it was 2 years in a 5 years period of PR card validity - 1st PR card and also renewed PR cards... I was wrong...
 

Leon

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rajmalhotra7 said:
That is a tough condition. On any given day, person needs to maintain 730 days in past 5 yrs.

I thought it was 2 years in a 5 years period of PR card validity - 1st PR card and also renewed PR cards... I was wrong...
Keeping in mind that many countries revoke your PR if you are gone for more than 6 months, this is not really a tough condition. 10 years ago, Canada used to have residency requirements of 6 months every 12.

Anyway, you are allowed to be outside Canada for up to 3 years at a time now. That's still quite a lot.
 

rajmalhotra7

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Leon said:
Keeping in mind that many countries revoke your PR if you are gone for more than 6 months, this is not really a tough condition. 10 years ago, Canada used to have residency requirements of 6 months every 12.

Anyway, you are allowed to be outside Canada for up to 3 years at a time now. That's still quite a lot.
Yes. 6 months in 12 months is a tougher one. In USA, immigration officers give you a very hard time , when as a US Green card holder you have been living abroad. They have actually cancelled US Green cards of my friends parents at the point of entry and sent them back. Later on when my friends parents applied for Tourist visa, they refused the tourist visa as well.