Need guidance for maintaining PR, approaching 3 yrs out of Canada

[samg1014]

Hi,

I need help to understand something about Canadian PR and guide me if possible.

I am currently in USA and have already received my Canadian PR in 2011 via the special schema that Alberta had opened for professional working USA on H1b visa.

I traveled to Calgary in May 2011 to complete the Landing process and me and my family (wife and 4 yr old son) received our PR cards in the mail later on. We already received our SIN as well. We then returned to US in about 1 week.

Now this year in May/ June 2014 it will be 3 yrs that I have not traveled to Canada and I am wondering if my PR is still valid and active. How do I verify that, is there any way to check it without actually traveling to Canada again.

I am aware of the 2 yr residence requirement out of every 5 yrs for Canadian PR and that is the reason I need to verify where I stand at this time as I approach the full 3 yr mark and will soon begin the last 2 yrs of this 5 yr period.

I stayed in US as my US green card is in process but as thousands of others it is stuck in backlog and I don't want to let Canadian PR get out of my hand for any reason...I am planning to move to Canada if I have to.

Can someone please guide me based on my situation?

thanks and regards,

SG

 

[zardoz]

You need to return to Canada within 1095 days of landing and remain there for at least 730 days without leaving the country.
If you don't, your PR status is at risk of being revoked.

You need to choose... Canadian PR or USA Green Card. You can't have both in your situation.

 

[samg1014]

You need to return to Canada within 1095 days of landing and remain there for at least 730 days without leaving the country.
If you don't, your PR status is at risk of being revoked.

You need to choose... Canadian PR or USA Green Card. You can't have both in your situation.

Thanks a lot , so basically my Canadian PR is still valid as of this point and if I return to Canada within the exact 140 days that I now have left out of 1095, i should hopefully be able to get in without any questions right???

 

[zardoz]

Indeed so... Good luck.

 

[samg1014]

Indeed so... Good luck.

thanks again, I am basically worried about any rule/law changes by Canada in the past 3 yrs regarding situations such as mine and just want to make sure I make a decision to move to Canada fully knowing that I can get in there as I will most likely have to quit my job in the US and don't want to be in a situation where I am left with nothing in my hand... US or Canada...u see what I mean..!

 

[zardoz]

You should not have any issues returning to Canada within the time frame you suggest. The residency obligation requirements have not changed recently.

 

[Leon]

The residency obligation is still 730 days in Canada in your first 5 years and after that in any rolling 5 year period. As long as you are still able to meet that, you are fine.

Minimum residency obligations

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 of physical presence in Canada within five (5) years of the date you became a permanent resident.

When you enter, you may be advised that your 3 years outside are up and that you must stay in Canada now in order to meet the residency requirements. However, as you are allowed up to 3 years outside and you have been a PR for less than 3 years, it would be impossible for you to be in breach of it already.