PR Minimum Stay Requirement: Case Study

[afzalw]

Hi, I got PR in June-2010 and stayed 2 month and then left,
then I came back in September-2011 and planning to stay 2 years till Dec-2013

Now I want to go to US for studies that would probably take more than 4 years, which means till 2018.

Q1. I understand I have to stay at least 2 years for renewal in 5 years, so my question is when would this renewal come. Does this renewal occurs in June-2015 (Five years after landing Date or the expiry date on my card) ?

Q2. If yes, then it means my renewal would be in 2015 for 5 years till 2020, What would happen if I come back in 2018 and then spend 1 year in PR, would I lost the PR or is there any way to renew it again ?

Q3. Do I have to stay 3 years continuously in 4 years to get citizenship ? (e.g. can I come and go from Canada in these 4 years, as long as I am staying 3 years out of 4 years in Canada) ?

Q4. Whats implications of Q3. on PR ?

 

[Leon]

You must have 730 days in Canada in your first 5 years as a PR, that is the first 5 years after you landed and after that in any rolling 5 year period. That means once you reach June 2015, you should be able to look back on any given day at the past 5 years and say yes, you have 730 days in Canada during that period.

Therefore, if you have stayed 2 years between say September 2011 and September 2013, you may leave for up to 3 years but after that, you would have to come back.

If you apply to renew your PR card in 2015 and you can prove that between 2010 and 2015, you were in Canada for 2 years or more, they will renew your PR card and the new one will be valid until 2020. However, if you continue to stay outside Canada until 2018, you will have been outside Canada for a full 5 years and you will not meet the residency requirements any more. When you try to enter Canada in 2018, immigration might not know that. They can see when you have entered Canada in their system and your passport stamps will give you away as well. If they figure out when you enter that you do not meet the residency requirements, they can report you for it and you would have to appeal for your PR. Studying in the US would not be seen as a valid excuse. If you manage to enter without getting reported, you could stay for a solid 2 years until 2020 and then apply to renew your PR card as you would at that point meet the requirements again.


In order to be eligible to apply for citizenship, you must have been in Canada for at least 1095 days in the 4 year period immediately before applying. It does not have to be continuous. The citizenship requirements have no effect on your PR or the PR card periods. You can have your 1095 days for citizenship between two PR card periods.