Hello everyone. My wife and I are PR card holders. We landed for a short landing in August 2016. We haven't been able to go back to Canada due to my busy work schedule and obligations. Our next planned visit us in May 2018. Would staying out of Canada for more than 1 year cause us any issues? Given that we are holders of valid PR cards. The only stipulation that we know of for maintaining a valid PR status is to stay in Canada for a total of 720 days within a 5 year period. Appreciate your assistance.
Re-entry to Canada during valid PR status
- Thread starter Hanymarie
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rish888
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Canadian PR is not US PR.
The only requirement is that by August 2021 (since you landed in August 2016) you clock in 730 days (2 years) inside Canada. Therefore, in your first 5 year period, you can stay outside for up to 3 years, coming back exactly 2 years before the 5 year anniversary of your landing date. Doing this would not be advisable because you may need to travel abroad doing those two years (and consequently violate your residency obligation) but this example illustrates how the residency obligation in your first 5 years works.
Simply put, make sure by August 2021 you have 730 days of presence in Canada. How you break up those 730 days is up to you.
The only requirement is that by August 2021 (since you landed in August 2016) you clock in 730 days (2 years) inside Canada. Therefore, in your first 5 year period, you can stay outside for up to 3 years, coming back exactly 2 years before the 5 year anniversary of your landing date. Doing this would not be advisable because you may need to travel abroad doing those two years (and consequently violate your residency obligation) but this example illustrates how the residency obligation in your first 5 years works.
Simply put, make sure by August 2021 you have 730 days of presence in Canada. How you break up those 730 days is up to you.
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rish888
Guest
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rish888
Guest
Also note they recently changed the requirements for citizenship. You can apply after 3 years (instead of 4 years) of physical presence in Canada.
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rish888
Guest
Don't go there. Believe me when I say you DO NOT want to go down that road.
Your PR status doesn't expire. Only the card does.
Assuming you cannot meet the 730 days you have 2 options:
1: If your card is still valid then go by plane.
2: If the card is expired go to Canada through the US land border.
Best case scenario: The officer lets you in without issue. In this case you cannot leave even once for 2 years. You are locked in.
Worst case scenario: The officer lets you into Canada (you enter the country by right even if you haven't met your obligations) but issues you a Departure Order. (an order that terminates PR status and requires you to leave Canada in 30 days.) You will need to appeal the Departure Order. You can stay in Canada and get a 1-year validity renewable PR card until you get your hearing date. At the hearing an immigration judge will make a decision on whether or not you deserve to retain your PR status. If the decision is in your favor you are safe. If the decision is against you, you loose your PR status for good and need to leave within 30 days.
Unless there were very compelling circumstances for your violation (staying outside Canada was not your choice, and keep in mind financial reasons don't count) your chance at a successful appeal is very, very low.
Many people come on this forum after they have violated their obligations, desperate for a way to make it right. While the numerous members on this forum do their very best to offer advice and tips, once you are in violation the chance you loose your PR is very high.
DO NOT, and I emphasize DO NOT go down that road. It is for the most part a one way street that leads out of Canada.
Stay 3 years, get citizenship, then go live wherever you want.
Hi All,
I'm in a similar situation... I did my MSc in Canada, and almost at the end of my 2nd year as International Grad Student I got my PR (July 2015) as skilled worker, then I left Canada in October 2015 since I got a good job abroad. I'm planning to return to Canada in 2018 to keep my PR; however, I traveled to Canada three times for vacations (15 days maximum in one of the trips) during 2016 - 2017 up to date. My question is could I consider everyday during my vacations in Canada as part of the 730 days of presence in Canada? which proof do I need to show to CIC when I come back in 2018 to get my citizenship? Which time frame do you recommend to come back to Canada to be safe in 2018?
Thanks a lot for your comments and time!
To be safe? Return tomorrow. It is not wise to be cutting it too close anyway, and as of right, you are already almost cutting it too close.
But I suppose if you return by January or February 2018, you would be fine as well, since you have not passed the three year PR anniversary (remember to count this date from the day you landed, NOT the day you got your PR card. AND IGNORE THE EXPIRATION DATE OF YOUR PR CARD. The only date that matters is the date you landed if you landed less than five years ago; or if you landed more than 5 years ago, then the date that matters is the date 5 years ago).
The official residency requirement is 731 days within the past five years, and this five year period is a rolling period.
So at any point, look back five years, and count the number of days during the period.
For example, Today is November 11 2017, so you look back five years from today, and the period is Nov 12 2012 to Nov 11 2017.
Tomorrow is November 12 2017, so you look back five years, the period becomes Nov 13 2012 to Nov 12 2017. So starting tomorrow, Nov 12 2012 no longer counts.
If you become PR less than 5 years ago, or in your case, say you become PR on April 1 2015, then go 5 years from April 1 2015: April 1 2015 to March 31 2020. Can you still get 731 days within this period?
And, you would not be able to apply for your citizenship in 2018, since you will not have the requisite number of days by then. If you move back to live in Canada January 1 2018, then the earlier you can apply for citizenship is January 1 2021, and that is if you do not leave the country for even a single day.
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Thanks a lot for your comments! I landed on July 18, 2015... so according to your answer that's mean that my 5 years will be on July 17, 2020. During that time frame I have to spend 731 days to keep my residency status; however, I stayed in Canada until October 2015 as PR (some days there) and then I have being visiting on vacations... my doubt is which kind of proof would be valid to show that I spent those vacations days there in 2016 for example, and those days are counting towards the 731 days during my time frame (July 18, 2015 - July 17, 2020).
I really appreciate your suggestions!
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rish888
Guest
Passport stamps, hotel lease, receipts, apartment lese, tax returns, work contract etc.
None of these are determinatives (i.e. absolute proof) are generally considered valid if there are no other issues present. (like misrepresentation etc)
Do not, and I emphasize do not clock in only 730 days in Canada. While 730 is the requirement IRCC can dispute days. The onus of proof is on you. I would recommend applying for renewal with no less than 800 days. This gives you some leeway in case IRCC disputes days.
As such, return at least 800 days before your 5 year anniversary. So May 1, 2018.
Aside from returning 800 days abroad, you need to contend with the fact that you may need to travel abroad. This may be for family emergencies, work related things, short vacations, etc. I would say keep at minimum 100 days on top of the 800 so you can travel abroad if your want. (But bear in mind 100 days only gives you enough wiggle room for essential trips/short vacations. There will be no island hopping in Greece the entire summer.)
So overall keep a budget of around 900 days so you can be comfortable with IRCC as well as foreign travel, return on or before Feb 1st 2018.
I understand leaving a well paying job (and I'm assuming you live in a tax-exempt country) can be difficult choice, especially if you have EU/Western citizenship which makes a Canadian passport not that high on your priority list, however, assuming you are not one of those individuals, the short term loss in terms of income is more than worth it for the long term benefits Canada offers.
Dear Experts,
I am in a very difficult situation and need your help. My scenario is kind of long so I apologize beforehand.
I landed in Canada on 25th Sep'17 with my wife and my 2 yr old daughter (both Canadian Citizens) with the intention of short landing, I have a flight back on 23rd Dec'17. The reason for short landing was that I am currently working as an employee in my home country and need at least a year to settle all my issues and move to Canada permanently. I am still waiting for my PR it has been delayed because of the picture issue which has been received again by IRCC on 23rd Nov.
What should I be doing?
Should I wait for the PR in that case i'll have to wait till end of Jan'18 and I might lose my job and I'll have to reschedule my flight which will result in further expense. or
I should take my flight on 23rd Dec and go without PR card.
If I take the latter option than there are 2 scenarios, if my PR gets mailed to my uncle's address and on his way back to my country to give me my PR will he face any questions from the officer at the airport as to why do you have someone else's PR and how are you related to the recipient of the card.
Second scenario if IRCC calls me to get PR by myself, will I be able to get PRTD easily as I don't know if they will consider my reason to go back before PR as "Emergency Reason" or a valid reason. My wife and daughter will be accompanying me, will this be of any advantage to me in order to get PRTD.
Response in this regard will be very helpful.
I am in a very difficult situation and need your help. My scenario is kind of long so I apologize beforehand.
I landed in Canada on 25th Sep'17 with my wife and my 2 yr old daughter (both Canadian Citizens) with the intention of short landing, I have a flight back on 23rd Dec'17. The reason for short landing was that I am currently working as an employee in my home country and need at least a year to settle all my issues and move to Canada permanently. I am still waiting for my PR it has been delayed because of the picture issue which has been received again by IRCC on 23rd Nov.
What should I be doing?
Should I wait for the PR in that case i'll have to wait till end of Jan'18 and I might lose my job and I'll have to reschedule my flight which will result in further expense. or
I should take my flight on 23rd Dec and go without PR card.
If I take the latter option than there are 2 scenarios, if my PR gets mailed to my uncle's address and on his way back to my country to give me my PR will he face any questions from the officer at the airport as to why do you have someone else's PR and how are you related to the recipient of the card.
Second scenario if IRCC calls me to get PR by myself, will I be able to get PRTD easily as I don't know if they will consider my reason to go back before PR as "Emergency Reason" or a valid reason. My wife and daughter will be accompanying me, will this be of any advantage to me in order to get PRTD.
Response in this regard will be very helpful.
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rish888
Guest
No need to risk your job waiting for a PR card.
You can leave anytime. In fact I encourage you to do so to preserve your job.
Once the PR card comes your uncle can bring it to you physically or even send it to you by FedEx. The immigration officer at the airport will not even know he has your PR card, but for good measure you can give him a letter authorizing him to carry your PR card for the purposes of delivering it to you.
If for whatever reason you can't get your PR card you can always get a PRTD. You cannot be denied a PRTD. PR cards and PRTD's, all of these are just documents. What matters is your PR status, and once you get PR status it stays with you for life as long as you meet your obligations. (like the residency obligation of 2/5 years)
A PRTD is your right. Just make sure you apply 1-2 months before you want to return to Canada to give them enough time to process. Your wife or child doesn't affect your ability to get a PRTD. As I said, you cannot be denied a PRTD, as a PR you are entitled to one in case you are abroad without a PR card.
You can leave anytime. In fact I encourage you to do so to preserve your job.
Once the PR card comes your uncle can bring it to you physically or even send it to you by FedEx. The immigration officer at the airport will not even know he has your PR card, but for good measure you can give him a letter authorizing him to carry your PR card for the purposes of delivering it to you.
If for whatever reason you can't get your PR card you can always get a PRTD. You cannot be denied a PRTD. PR cards and PRTD's, all of these are just documents. What matters is your PR status, and once you get PR status it stays with you for life as long as you meet your obligations. (like the residency obligation of 2/5 years)
A PRTD is your right. Just make sure you apply 1-2 months before you want to return to Canada to give them enough time to process. Your wife or child doesn't affect your ability to get a PRTD. As I said, you cannot be denied a PRTD, as a PR you are entitled to one in case you are abroad without a PR card.