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PR Residency Obligations

starscream

Newbie
Jul 10, 2007
4
0
Me and my wife are Canadian Permanent residents living in the US. We landed in Canada in November 2007 from the US stayed there for 4 days and came back to the US where we are working and living now. Our PR cards are valid till December 2012. Have some questions

1. There was a old rule which stated that as a PR one had to live in Canada for 6 months out of every 12 months period. But in 2002 this rule was changed and now a PR can stay out of the country maximum of 3 years (1095 days) out of a 5 year period (1825 days). I know this is true but just wanted to confirm this. Someone plz. confirm.

2. As per this rule The maximum I can stay outside of Canada is till Oct/Nov 2010 and after that have to return to Canada in order to manitain my Permanent residency status by fulfilling the requirement of living in Canada for 2 out of 5 years i.e 730 days. (my PR card expires on Dec 2012). Is my understanding correct??

3. We are having a baby right now and plan to return to Canada to settle there permanently after our baby is a year or more old. So when we return to Canada in say late 2009 or early 2010 or in extreme case as late as Oct/Nov 2010 - will the canadian Immigration officer ask us to prove at the Port of Entry that we will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark i.e till Dec 2012 when our PR cards expire. I mean will they demand any kind of proof in terms of job offer etc.? Can entry be denied if when we try to reenter Canada in late 2009/early 2010/as late as Oct/Nov 2010 if we don't have any job offers in canada but just tell the Immigration officer that we are returning to settle permanently. ??
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
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Pre-Assessed..
1. Yes, I can confirm that they changed that rule from 6/12 months to 2/5 years.

2. Yes, the maximum you can be away from Canada is 1095 days in each 5 year period. If you were gone for exactly 1095 days, you would have to stay in Canada for 2 years without leaving for as much as 1 day.

3. They can not stop you from re-entering because your PR is still valid since you were not gone for more than 1095 days. I assume you have a stamp in your passport proving when you entered the US? That is your proof. When you apply to get your PR card renewed in 2012, you would have to fill out your last 5 years of addresses, jobs etc. and that is where you fill out how many days you were in the US and how many days in Canada. If you were not gone more than 1095 days, you are ok and they will renew your PR.

As for the baby, I have no idea how that works. Do you apply for PR for the baby as well?
 

marcos canada

Newbie
Sep 22, 2008
2
0
I landed in Canada back in 2007 August.

I had a change of jobs in USA.
I had gotten an apartment in Toronto.
If I am still working in USA do I need to have an apartment in Canada? My lease is expired so dont want to deal with rental til permanetnly settled.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
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You don't need an apartment in Canada. As a PR, you are allowed to be outside of Canada for up to 1095 days in any 5 year period.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
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Pre-Assessed..
Yes, cumulative. When you apply to renew your PR card, they make you add up all your absences.