I know but it is just a personal reason so.. All i wanted to know if it is possible to study there without any issues as long as I can maintain my the required 731 days inside Canada. That is all. Because everybody in yahoo keeps on telling me they won't allow me to study in Ph even if I can accumulate more than 3 yrs of required stay.
MY PR CONCERNS
- Thread starter kshlv
- Start date
But you are sure I can study outside Canada right even if I am a resident of Canada? There will be no issues with that as long as I can accumulate 731 days?
Completely 100% wrong.
As long as you meet 2 years residency obligation for the past 5 years, then you can spend significant time outside Canada and be fine. Just make sure you never spend more than 1,095 days outside Canada in any 5 year period.
Canada doesn't care if on any given day or year you're living in Canada, they only care about you meeting the 2 in 5 years residency rule, that is it.
You better check that attending school for that long outside Canada will not cause you to violate your RO. If it will or even if it will bring you very close, you might want to reconsider and go to a Canadian school else risk losing your PR status.
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I believe that some people there were confusing physical presence vs. intent to reside.
If we are talking about the US permanent residency (green card), then what they said would be correct (green card holders cannot 'intend' to abandon your residence in the US, whatever that means; so studying outside for 11 months straight would probably be deemed as having abandoned US residency, and may lead to green card revocation).
Since the introduction of IRPA in 2003, Canada has done away with the subjective intent to reside nonsense as a prerequisite to maintain permanent residency (thankfully).
Canada used to have a much more stringent residency requirement, where you need to be in Canada for over 6 months out of the past 12 months, and failing to do so, a PR would need to prove that they did not intend to abandon their residence in Canada. Thankfully, this is no longer the case (since IRPA in 2003).
It's all based on physical presence now (731 days out of the past 5 years, and do not count any day outside this 5-year period), and the requirement to maintain your permanent residency is solely based on the number of days that you are physically present in Canada.
So if you have been a PR for over 5 years, you either have the number of days, or you don't. CBSA can't read your mind with regards to your intent, and nor would they now need to. They would just count the number of days you have, and based on that, you're either in compliance, or you're in trouble.
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