PR Obligations!
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Many thanks dear Leon for your clear answer, please allow me to ask one more question:-Leon said:
When I back to Canada after one month; what should I answer the question (the date I left Canada and the reason?) in the airport card/ custom card
Shall I wrote the date 3 years back, and reason is stay with my Canadian wife and Is this answer will do trouble for me with immigration officer?.
Tell the truth. You are fulfilling the residency requirements by staying with a spouse overseas. There is nothing wrong with that. You have no reason to lie and if you are caught lying, you can expect more trouble / distrust from the immigration officers than if you tell the truth.san_river said:
Many thanks dear Leon, I want to inform you that my wife and me did not cancel the medical insurance when we left Canada, but the cards is expired now. shall we have or better to cancel the medical care and inform them we are living outside Canada before we back to Canada?Leon said:
The residency requirement is 2/5 years in Canada. However, days spent with a Canadian spouse overseas can be counted as if you had stayed in Canada. Therefore, if you had spent 2/5 years with your spouse in another country and not 1 day in Canada, you would still meet the residency requirements.san_river said:
Hi,Leon said:
Would like to thank Leon for his great effort in responding to all these ppl.
My Q is, on what basis that a PR status is regained / regularized if a person spends the 2 years obligation after he failed to do so within the 5 years legal time?
Another Q plz. Is the 2 years an obligation once in a life time? Or it is an obligation that needs to be served with every 5-years cycle (assuming a person just keep renewing his PR without applying for citizenship)??
Many thanks again.
Cheers,
Ana
Your first question:ana.vevo said:
It's about not getting caught. If you manage to return to Canada and stay for 2 years without having been reported for not meeting the residency requirements and therefore without officially losing your PR, you would keep it.
Immigration does not automatically revoke someones PR for being outside Canada too long because there are way too many PR's for them to know where each of them is located.
They become aware of your situation when you for example apply for a travel document from outside Canada because your PR card is lost or expired or as you enter Canada if the immigration officer asks you or suspects something or even if you have returned to Canada but apply to sponsor a family member while you yourself do not meet the requirements.
If immigration catches you during the time you do not meet them, they can revoke your PR.
If they don't catch you and you spend your 2 years in Canada and then apply to renew your PR card, they must renew, even if you had spent many years outside Canada before your 2 years inside. You can read about this here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7 close to the bottom of the page.
Your 2nd question:
You must meet the 730 day requirements in your first 5 years as a PR and in any rolling 5 year period after that.
Once you have been a PR for 5 years, the 5 year window for residency requirements is always the past 5 years and the days you stayed just after your landing will start to move outside this 5 year window and will have to be replaced by new days stayed in Canada.
Usually there is not a big risk of getting caught if your PR card is still valid but if you lose it and end up having to apply for a travel document from outside Canada, they will ask how many days you spent in Canada in the past 5 years and it better be 730 or more or you'll have a problem.
Dear Mr. LeonLeon said:
I would like to thank you for all your effort.
I already in Canada and sent the application to renew my PR. with all approval showing I m living with my Canadian wife outside Canada.
my age 67 year and staying with my Canadian wife outside Canada, Can I apply for retirement.
If yes, Can you advise how from where can I start the processing.
Many thanks
You want to apply for retirement in Canada? You would have to find out if you are eligible.san_river said:
You can see some info here: http://www.servicecanada.gc.ca/eng/services/pensions/international/index.shtml depending on where you live.
If you lived in Canada for at least 20 years, you may be eligible for OAS, see http://www.servicecanada.gc.ca/eng/services/pensions/oas/pension/index.shtml
In order to get CPP, you must have worked in Canada at some point and contributed to CPP. If you didn't but your wife is getting CPP, you can apply to share her pension, see http://www.servicecanada.gc.ca/eng/services/pensions/cpp/retirement/sharing.shtml so that you will each have half and possibly pay less taxes.
Thank you veru much.for prompt answer.Leon said:
I am living in Quebec/ Montreal. my wife aig 55 years holding Canadian passport
we landed in Canada on 2004. I lived with her outside Canada I do not know the meaning of CPP.
So Can I apply for retirement now
many thanks
CPP = Canada Pension plan. If you worked in Canada, you have paid into it so you qualify to get payments from it when you retire. If you never worked in Canada, you never paid into it and can't take out of it.san_river said:
OAS is Old Age security. If you are living in Canada now, you must have lived in Canada for at least 10 years to get any money out of it.
If you landed in 2004 and never lived or worked in Canada, it seems like you are not eligible for CPP or OAS in which case, you will not qualify for any benefits. Possibly welfare if your wife is unable to support you. You should check if you are eligible for retirement benefits from your home country where you lived and paid taxes all of your working life.