pussmercs said:
I`m planning to leave Canada and travel overseas but it will take me more than 6 months to be away from Canada. I am aware that I have to stay in Canada for 2 out of 5 years and i`m really planning to do it. The thing is, I might be away more than 6 months and planning to go back in 2018. Will that affect my residency? my residency expires in 2020 and i`ve lived here since 2015. Some people told me that I should only be away from Canada for a maximum of 6 months and I have to go back to Canada. Is that true?
Your answers are appreciated.
Thank you
There is no six months limit on PRs for purposes of complying with the PR Residency Obligation.
I am guessing that the admonitions to limit absences to six months, or less, derive from residency requirements for other government benefits . . . typically, for many government benefit purposes, an absence for six months or more can lead to the presumption that an individual is no longer a resident.
But for purposes of immigration status, for PR status in particular, the residency obligation is to be present in Canada for two years within the first five, and after that to always have been in Canada for at least two years within the preceding five years.
PR status does not expire. It appears your PR card expires in 2020. The date your PR card expires is largely irrelevant. The date that is important is the date you landed. You would be in breach of the PR RO if you are outside Canada a total of 1095 days (three years) after the day you landed and before the fifth year anniversary of that date. Once you reach the fifth year anniversary of the day you landed, compliance with the PR RO is always calculated backwards, from the date of the calculation to five years previous (to be in compliance, you must be present 730+ during that five year time period).
Note, however, that minimal compliance with the PR RO can lead to problems. 730 days in five years is the minimum, the bare minimum. PRs are expected to actually settle and live in Canada permanently . . . and the 2/5 rule is there to give PRs some flexibility in accomplishing fully relocating to and settling in Canada.
I`m planning to leave for a year and go back again in Canada anyway.