RE: physical presence requirement from pr to citizenship

[mercyb]

Dear all,

I have landed in sept 2014. I received my PR card in Jan 2015 and will be expired in Jan 2020. I was back to my hometown, China for work a month after i landed and recently I am planning to move back to Canada and obtain my citizenship...

I have heard so many comments in regards to the physical presence requirement, due to C-6, I understand that I have to stay for 2 in 5 years to renew my PR card and 3 in 5 years to apply for citizenship.

However, recently i have received a postgraduate offer in China and it will take 2 years to complete. I wonder if i can complete my degree in Sept 2018 and move back... will I miss the requirement ? :-\

I have heard that as long as I enter Canada before my PR card expires, which is Jan 2020 and stay for 3 years, I can still apply for citizenship...

kindly confirm if i could do this or I have to come back before sept 2016 and stay for 3 years without leaving Canada in between to obtain my citizenship.....

Thank you very much in advance... Greatly appreciated ! I am so confused :'(

 

[Leon]

The RO (residency obligation) for PRs is 2/5 years. This means that between your landing Sept. 2014 and Sept. 2019, 5 years later, you must have spent at least 730 days in Canada. If you move back in Sept. 2018, you will only have spent a month in Canada and still have 1 year to go until your 5 years are up so you are missing about 11 months in order to meet the RO. If the immigration officer suspects that as you enter, they can report you for being in breach of the RO in which case you could easily lose your PR.

Therefore, whoever told you that you are ok to move back as long as your PR card is still valid is wrong and you will be risking your PR if you do this.

If you do this anyway and are able to enter Canada without being reported, you would need to stay in Canada for 2 years straight in order to meet the RO and you should not try to renew your PR card until you have already spent 2 years.

In case you marry and have children during your time in China, you can not sponsor your spouse or children to Canada until you have met the RO again.

In order to meet the RO for your PR, you need to return to Canada no later than Oct. 2017 and not have spent 3 or more years outside Canada. 3 years less than one day is allowed. If you spend the maximum amount of time outside of Canada, also be aware that you must stay in Canada for 2 years straight, no vacations outside, in order to meet the RO.

As for citizenship, the RO has been changed for that. It used to be 3/4 years and is now 4/6. Hence you would be able to apply for citizenship 4 years after you return to Canada at the earliest.

 

[mercyb]

thanks Leon

What if i move back before Oct 2017 and stay for 1095 days, am I eligible for citizenship application ?

Or I have to leave in Oct 2016, so I can stay 1095 days before Sept 2019 for citizenship application ?

thank you very much !

 

[Leon]

thanks Leon

What if i move back before Oct 2017 and stay for 1095 days, am I eligible for citizenship application ?

Or I have to leave in Oct 2016, so I can stay 1095 days before Sept 2019 for citizenship application ?

thank you very much !

As long as you move back before Oct 2017 and you haven't stayed outside Canada for 3 years or longer, you will meet the RO for PR.

This has absolutely nothing to do with citizenship. Currently you need 4 years in Canada to apply for citizenship. The current government is planning on changing it to 3 years again. Whichever rules are in effect when you apply decide the requirements when you have to meet. As long as they change it to 3 years again, you can apply after 3 years in Canada regardless of PR card periods.