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One year residency obligation as settler?

Danaan

Star Member
Jan 23, 2017
70
17
Virginia, USA
App. Filed.......
15-05-2017
My spouse and I have CoPR and plan to land in August. We will be moving to a property we own and establishing a permanent residence there. I am trying to resolve the difference between these two definitions from CIC:

A settler is someone "entering Canada with the intention of establishing, for the first time, a residence for one year or more" and
"To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years."

The second one does not specify that physical residency in Canada during the first year is required as part of the 730 days.

The reason I'm asking is that my spouse would like to continue working for his US employer for a temporary period to give us a little better retirement situation. The only way he could do that per the employer is to stay in Canada for 6 months and then visit the US for 6 months. I would be staying in Canada continuously. Would it make a difference if he re-entered Canada a few times during the 6 months?

Thanks in advance for sharing your expertise and experience.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
My spouse and I have CoPR and plan to land in August. We will be moving to a property we own and establishing a permanent residence there. I am trying to resolve the difference between these two definitions from CIC:

A settler is someone "entering Canada with the intention of establishing, for the first time, a residence for one year or more" and
"To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years."

The second one does not specify that physical residency in Canada during the first year is required as part of the 730 days.

The reason I'm asking is that my spouse would like to continue working for his US employer for a temporary period to give us a little better retirement situation. The only way he could do that per the employer is to stay in Canada for 6 months and then visit the US for 6 months. I would be staying in Canada continuously. Would it make a difference if he re-entered Canada a few times during the 6 months?

Thanks in advance for sharing your expertise and experience.
Yes it could make a difference when it comes to access to healthcare. Your spouse may not meet the residency requirement to receive healthcare in the province where you live. Each province has their own requirements. Travelling due to covid may be complicated. It may not be possible to visit Canada without having to do 14 days of quarantine.
 
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Danaan

Star Member
Jan 23, 2017
70
17
Virginia, USA
App. Filed.......
15-05-2017
Yes it could make a difference when it comes to access to healthcare. Your spouse may not meet the residency requirement to receive healthcare in the province where you live. Each province has their own requirements. Travelling due to covid may be complicated. It may not be possible to visit Canada without having to do 14 days of quarantine.
To be clear, we would be quarantined for 14 days and both remain in Canada for 6 months after landing in August. This would be well after getting PR cards and access to healthcare. I didn't consider that there were residency requirements to be eligible for healthcare (although he would still have the employer's health insurance in the US.) This would be in BC.
 

Danaan

Star Member
Jan 23, 2017
70
17
Virginia, USA
App. Filed.......
15-05-2017
To be clear, we would be quarantined for 14 days and both remain in Canada for 6 months after landing in August. This would be well after getting PR cards and access to healthcare. I didn't consider that there were residency requirements to be eligible for healthcare (although he would still have the employer's health insurance in the US.) This would be in BC.
Here is what BC says:

A person must be a B.C. resident to qualify for medical coverage under MSP. A resident is a person who meets all of the following conditions:

  • must be a citizen of Canada or be lawfully admitted to Canada for permanent residence;
  • must make his or her home in B.C.; and
  • must be physically present in B.C. at least six months in a calendar year, or a shorter prescribed period.*
* Eligible B.C. residents (citizens of Canada or persons who are lawfully admitted to Canada for permanent residence) who are outside B.C. for vacation purposes only, are allowed a total absence of up to seven months in a calendar year.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
If your spouse wants to visit BC during the 6 months she wI’ll need to quarantine for 14 days unless rules have changed and the same thing for you if you visit her there you will also have to return to quarantine for 14 days upon your return. If you stay for more than 6 months before leaving and then return after 6 months you are fine. If she stays for longer she will have to reapply for MSP.
 
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