Once you get PR- Timelines on arriving/living in Canada

[slb]

Hi,

I am sending out my common law application this month.

My partner has a visa here in Canada which expires soon. So, we plan to go to Europe where he is from to wait while the visa is processing, so we can still be together, and both work.

Now, lets say we both get a job out there, in say February 2015. Maybe we get the visa in October 2015 (hypothetically), but we signed a 1 year contract, until Feb 2016.

Could he go to Canada, claim the visa, and come back and finish out the contract? Or once you have the visa, do you have to move to Canada directly? I read that you only need to be in Canada 2 out of 5 years to keep PR. Does it matter when those 2 years fall, or would it have to be the first 2 years right after you get the PR?

Anyone who can shed some light on these timelines, would be appreciated. Thanks!

 

[scylla]

Yes - he can come to Canada, land to become a PR, and then turn around and return to Europe to finish the contract.

 

[slb]

That's great news, thank you!

So if we had jobs that we enjoyed and wanted to stay say, another year after that in Europe, it would be OK, so long as we spend any 2 out of the first 5 years in Canada?

 

[scylla]

If you are a Canadian citizen then the days he spends with you outside of Canada count towards his residency requirement. So technically he can meet the 2 out of 5 year requriement while outside of Canada.

However keep in mind that if you leave Canada for an extended period of time while the application is being processed, there's a chance CIC may contact you to request proof that you plan to return to Canada and live in Canada once his PR visa is approved. Canadians are allowed to sponsor partners while outside of Canada provided they show proof they plan to relocate once the visa is approved.

If, on the other hand, you are a PR yourself - then you can't leave CAnada (apart from a short holiday) while his application is being processed. You need to be living in Canada to be approved.

 

[slb]

I am a citizen by birth.

I know we have to live together the first 2 years, but I just wasn't sure if it mattered if it was in Canada or outside. I can only stay in Europe for about a year or two anyways on a work/holiday visa.