PR Won't meet residency obligation - Leon?

[shankly]

Hi,

I have a unique situation. I have lived in Canada since 1987 where I obtained Landed immigrant status before converting to permanet Resident. I left Canada in Jan 2012 to work overseas and woud like to continue beyond the 3 years allowed. My question is this, if I stay away for 3 years plus, do I simply lose my PR status? As i am married to a Canadian and both of my children hold Canadian passports, would simply reapplying in a few years time be a formality? what happens if, hypothetically, I land in Canada with a Pr card having blatantly not met the 730 day requirement? All help is greatlt appreciated.

Thanks,

Justin

 

[rajmalhotra7]

Hi,

I have a unique situation. I have lived in Canada since 1987 where I obtained Landed immigrant status before converting to permanet Resident. I left Canada in Jan 2012 to work overseas and woud like to continue beyond the 3 years allowed. My question is this, if I stay away for 3 years plus, do I simply lose my PR status? As i am married to a Canadian and both of my children hold Canadian passports, would simply reapplying in a few years time be a formality? what happens if, hypothetically, I land in Canada with a Pr card having blatantly not met the 730 day requirement? All help is greatlt appreciated.

Thanks,

Justin

If your spouse is Canadian citizen and is living with you oversees, then you will not lose PR status. When you are raedy to return to Canada, you can apply for travel document at Canadian embassy oversees.

 

[Msafiri]

Hi,

I have a unique situation. I have lived in Canada since 1987 where I obtained Landed immigrant status before converting to permanet Resident. I left Canada in Jan 2012 to work overseas and woud like to continue beyond the 3 years allowed. My question is this, if I stay away for 3 years plus, do I simply lose my PR status? As i am married to a Canadian and both of my children hold Canadian passports, would simply reapplying in a few years time be a formality? what happens if, hypothetically, I land in Canada with a Pr card having blatantly not met the 730 day requirement? All help is greatlt appreciated.

Thanks,

Justin

As per rajmalhotra7 your PR Status is 'safe' from a breach of the Residence Obligation when living with your Citizen spouse abroad. You need to document this though e.g. leases, joint tax filing etc tp present at PR Card renewal.

You should consider applying for Citizenship ASAP if there are no dual issues - you may be able to qualify if you have 1095 days of physical presence in the 4 years prior to the application date. As your time outside Canada moves away from the 4 year window you lose 'physical residence' days and may end up having to re-qualifying by living in Canada for 3 years straight - why waste all the time you've been here?

Also the requirements will get more onerous CIC can't carry on as is - the inventory is too high and sooner or later when the political aspect of this becomes an issue the easiest thing to do for CIC is to increase the qualifying period to say 5 years. Voilà like a magic wand the numbers would be down.