question about residency requirements

[darkknight1]

Hi all,

Me and my wife have become PR in March 2015. We have been living here for more than 4 years.
With the new bill, if it is passed, we can apply for citizenship in next March 2017.

Q1- I got a job offer in Europe, if i accept this offer i will have to move there. But at the same time, i dont want to lose the PR. I want to come back and settle down here.
How long can i stay out of Canada in order to not lose the PR status?

Q2- if my wife stays back in Canada and apply for citizenship in March 2017, can she join me Europe after that? or she will have to stay in Canada after citizenship application until oath?

Q3- if my wife stays and becomes citizen, can i maintain PR status staying abroad?

Sorry for the hypothetical questions but in a desperate need of answers to take decision and take the job offer.
Please help me.

Thank you.

 

[Bs65]

Hi all,

Me and my wife have become PR in March 2015. We have been living here for more than 4 years.
With the new bill, if it is passed, we can apply for citizenship in next March 2017.

Q1- I got a job offer in Europe, if i accept this offer i will have to move there. But at the same time, i dont want to lose the PR. I want to come back and settle down here.
How long can i stay out of Canada in order to not lose the PR status?

Q2- if my wife stays back in Canada and apply for citizenship in March 2017, can she join me Europe after that? or she will have to stay in Canada after citizenship application until oath?

Q3- if my wife stays and becomes citizen, can i maintain PR status staying abroad?

Sorry for the hypothetical questions but in a desperate need of answers to take decision and take the job offer.
Please help me.

Thank you.

So current rules to qualify for citizenship if you only became PR in March 2015 then its 4 years residency from that date being PR and not how long you have lived in Canada on some other status other than PR. http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

So under current rules it would be March 2019 before could apply for citizenship as cannot assume anything on a bill yet to be passed into law and even then that bill may have a future effective date or a limited retrospective date. Plus even if bill passes into law and becomes 3 out 5 years could still be March 2018.

maybe you could clarify what visa you were on before March 2015 as i guess you are speculating that the proposed bill allows credit for half days to a max year spent in Canada so 730 days resident before March 2015 which would i agree make it possible for March 2017 but again who knows if when will be passed into law.

Summary of proposed bill http://www.cicnews.com/2016/03/canadian-citizenship-act-immigrants-apply-earlier-easily-037352.html

My view on answers
Q1 have to be in Canada at least 730 days from March 2015 to March 2020 so can be out of Canada maximum 3 years in that period . RO starts from PR landing

Q2 She could after becoming a citizen and obtaining her Canadian passport although not sure as said about your interpretation of qualifying for citizenship based on a bill yet to be passed. Also do not see an issue with travelling to Europe whilst application in process and returning for oath ceremony assuming still continues to meet the RO, others can comment

Q3 In theory you could but the time only starts from the time she became a citizen so you still would need to meet RO before that.

Above is my personal; interpretation so if i got anything wrong others welcome to correct and as said do not see how anyone can base decisions on a bill that may not may not pass into law, should base any decisions on current law.

 

[Leon]

Q1: You can stay outside Canada for up to 3 years without risking your PR.

Q2: It would be safer for her to stay until the oath. The new bill will not include intent to reside, however, immigration doesn't particularly like it if you stay the minimum time, apply and leave in which case they have a habit of sending such applications for RQ which will delay the processing time by quite a lot.

Q3: Yes, if your wife, a citizen, is staying with you abroad, you will meet the RO based on that. In order to meet the RO for your first 5 years as a PR, she would have to join you before you reach 3 years outside. However, even if she doesn't, you don't have to worry because you do not immediately lose PR once you reach 3 years outside. As long as you stay outside Canada once you don't meet the RO anymore, they don't become aware that you don't meet it and will not report you. Then once your wife joins you, she can stay with you for 2 years and then you will meet the RO for the past 5 with 2 years spent outside Canada with your wife. Your PR card can expire which is not a problem. You can renew it even years later as long as you meet the RO having stayed with your wife outside Canada for at least 2 out of the past 5 years.