PR obligations-

[cgamboa]

Hello everyone,

I am a PR, I did my landing feb 01 2009 but I move to canada april 08 2012 because I was finishing school back home, in that period I came to Canada 4 times so until today may 24 I have 132 day inside Canada.

I have two question I hope you guys can answer me:

1- How I count my days inside of Canada ? for example if I go out to las Vegas from leaving Canada August 10 2012 - and come back August 20 2012 , the day I live Canada and the day I arrived back count ? I read that for the count for apply to the citizenship they just count one day, either the day you leave Canada or the day you arrived not both. Is the same in this case?

2- After mi permanent residency card exp if I am inside of Canada but I still dont make the 730 days, can I wait inside of canada until i have 730 in the last 5 year to apply to the renewal ? Does not matter if the PR card is exp while I in Canada?

Thank you very much I appreciate your help.

 

[Leon]

1. For PR residency requirements, any part of a day spent in Canada counts so if you leave on the 10th and come back on the 20th, they consider you having been in Canada both days and gone for 9 days.

2. If you don't have 730 days when you want to renew your PR card, you should wait until you do and keep in mind that it is always the previous 5 years that are counted so once you reach 5 years from your landing date, the time you stayed just after your landing starts moving outside this 5 year window. As long as you stay in Canada, having an expired card will not be a problem.

 

[Bundoora]

Dear Leon ,

I intend to immigrate to Canada in near future, as the principal applicant I plan to land first and after few months time my wife plans to land , leaving behind our two kids with our parents, once we settle down (may be one or two years time) we plan to bring our kids to Canada , my question is , when we apply for citizenship/PR renewal , will there be an issue with regards to the kids ? Appreciate your advice!

 

[Leon]

Dear Leon ,

I intend to immigrate to Canada in near future, as the principal applicant I plan to land first and after few months time my wife plans to land , leaving behind our two kids with our parents, once we settle down (may be one or two years time) we plan to bring our kids to Canada , my question is , when we apply for citizenship/PR renewal , will there be an issue with regards to the kids ? Appreciate your advice!

It will not be a problem but if you are applying for the kids at this time too, they will also have to land in Canada to activate their PR status but as long as they don't stay outside Canada for more than 3 years, they will be ok to renew their PR cards when they run out.

If you are not applying for the kids at this time, you can sponsor them later but look at the processing times for sponsorship in your country to see how long that will take, see http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp and you must add some time in the beginning to be approved as a sponsor which can be 60-90 days.

You will of course not have any problems applying for PR card renewals or citizenship as you have been staying in Canada. As for the kids, once you apply for citizenship, if the kids are then living in Canada, they do not have to complete the mandatory 3 years if they are on a parents application. They must be PR and must be living in Canada and then you can include them on your application and they will get citizenship with you.

 

[Bundoora]

Dear Leon , thanks for the prompt reply ,

" It will not be a problem but if you are applying for the kids at this time too, they will also have to land in Canada to activate their PR status but as long as they don't stay outside Canada for more than 3 years, they will be ok to renew their PR cards when they run out."

leon i dd not understand above statement , what do you mean by "
if you are applying for the kids at this time too, they will also have to land in Canada to activate their PR status "
of course i have applied for my kids in our application and they too will get the visa !
i just want to prolong our kids landing as we will have to settle down first , i hope you understand my question !

when i apply for citizenship , will i be able to claim citizenship for my kids regardless of their length of the stay in Canada.

thanks leon
.

 

[Leon]

leon i dd not understand above statement , what do you mean by "
if you are applying for the kids at this time too, they will also have to land in Canada to activate their PR status "
of course i have applied for my kids in our application and they too will get the visa !
i just want to prolong our kids landing as we will have to settle down first , i hope you understand my question !

when i apply for citizenship , will i be able to claim citizenship for my kids regardless of their length of the stay in Canada.

If you have applied for the PR visa of the children at this time, they will also get a PR visa stamped in their passport same as you and your wife.

The PR visa has an expiry date, 1 year from the time of medicals or the expiry of passport whichever is sooner.

If your children do not land in Canada before the expiry dates of their PR visas, their PR visas will expire and they will not be able to land on those visas.

If you want them to get PR now, the children must make a quick trip to Canada and land before their visas expire. After landing, you can send them back home to your parents, that is not a problem, as long as they do not stay outside Canada more then 1095 total (3 years) in their first 5 years as PR's.

So.. if you know you don't want your children to come to Canada until 1-2 years from now, you could tell the visa office to change their status to not accompanying, they will not get their PR visas but you have to sponsor them later.

If you are not sure if the can make the trip and land, you can leave them as accompanying, they will get their PR visas now and if they don't manage to land and their visas expire, you can still sponsor them later.

If you sponsor them later, they will have to do the medicals again.

As long as your children have PR status are under 18 and are living in Canada at the time you apply for your citizenship, you can include them.

 

[Bundoora]

Dear Leon ,

My apologies , i forgot to mention , i plan to bring my kids to Canada only for a holiday (3 weeks ) and send them back , this is to avoid the one year mandatory visa cancelation rule !
when we settle down (may be one or two years time ) , we plan to bring them to canada , my question is will i be able to claim citizenship for my kids when i apply for the citizenship ? in other words does the mandatory rule apply for kids as well ?

sorry for any inconvenience , Leon

 

[Leon]

when we settle down (may be one or two years time ) , we plan to bring them to canada , my question is will i be able to claim citizenship for my kids when i apply for the citizenship ? in other words does the mandatory rule apply for kids as well ?

May I quote my first reply to you again:

As for the kids, once you apply for citizenship, if the kids are then living in Canada, they do not have to complete the mandatory 3 years if they are on a parents application. They must be PR and must be living in Canada and then you can include them on your application and they will get citizenship with you.

 

[Bundoora]

Dear Leon ,

Thank you for the clarification, so i can go ahead with my plan.
its a +1 for you as always Leon.

 

[Leon]

Dear Leon ,

Thank you for the clarification, so i can go ahead with my plan.
its a +1 for you as always Leon.

Good luck with your settlement

 

[nasim15]

Leon,

Please reply URGENTLY:

I landed on 10th April 2010; went back to home on 30th June 2010.So I stayed exactly 82 days in Canada that time. I have again entered on 27th May 2012 and possibly go back on 3rd July 2012. So I may stay another 38 days. So I will be staying in Canada exactly for 120 days altogether.

My PR Card will expire in May 2015 as mentioned in the card.

Can I stay outside Canada uptill August 28, 2013?

 

[Leon]

Leon,

Please reply URGENTLY:

I landed on 10th April 2010; went back to home on 30th June 2010.So I stayed exactly 82 days in Canada that time. I have again entered on 27th May 2012 and possibly go back on 3rd July 2012. So I may stay another 38 days. So I will be staying in Canada exactly for 120 days altogether.

My PR Card will expire in May 2015 as mentioned in the card.

Can I stay outside Canada uptill August 28, 2013?

You need 730 days in your first 5 years as a PR so that is in the period from April 10th 2010 until April 10th 2015. If you still need 610 days, you must be back a bit earlier in August 2013 and then you can not leave again until you have renewed your PR card.

When you apply to renew your card, make sure you do not apply unless you meet the residency requirements. If you don't, it is better to wait until you do.

 

[nasim15]

You need 730 days in your first 5 years as a PR so that is in the period from April 10th 2010 until April 10th 2015. If you still need 610 days, you must be back a bit earlier in August 2013 and then you can not leave again until you have renewed your PR card.

When you apply to renew your card, make sure you do not apply unless you meet the residency requirements. If you don't, it is better to wait until you do.

Thank you Leon. So I need to complete 610 days by Apr 10, 2015. But the immigration officer at the counter told me that I can't go out of Canada in next three years.Why did she tell that? What message she wanted to give by telling that?

Still if I go out of Canada and want to come back keep at least 610 days unexpired from Apr 10, 2010 to Apr 10, 2015, can the immigration officer refuge my entry?

Notably my wife and children are in Canada and they are going to complete their residency requirement by Aug 2012 (as they were out of Canada for few months). I was the Principal Applicant though. Can my wife or Children sponsor me later if I loss my PR status?

 

[Leon]

You were outside Canada for almost 2 years. You are allowed to be outside Canada for 3 years in any 5 year period. I think the immigration officer was confused. Maybe she thought 3 years in Canada and 2 years outside but it is the other way around. When you return again, the immigration officers have to let you in but if they think you have been outside Canada for more than 3 years total since you landed, they can report you for not meeting the requirements and you would then have to prove your stays and appeal for your PR.

If you lose your PR, your spouse can sponsor you back. It could take anywhere from a few months up to 2 years depending on where you are from.

Your children can not sponsor you until one of them is 18 or older and is making enough money to provide for you and even then, for a child to sponsor a parent is not considered a priority application and will take years to process.

 

[dano]

Leon,
I see your answers are professional and you support them with links directly by cic.
I would like to have a link of cic that specifies how long can a PR holder stay outside Canada for one time. For example, I landed in May 2011 and then left the country in November 2011 and planning to go again in Juny 2012 to live there . Would I be denied entrance to Canada ?
Thank You