residence requirement

[JA]

Hello,
First thank you for replies to my previous questions.
My son received PR card renewed last month , which will be expired April 2018. If he is out of canada for military service back home, will it be OK for him to return to Canada after about 30 months ? He is planning to leave around Nov. this year.

Thank you again.
JA

 

[Msafiri]

Hello,
First thank you for replies to my previous questions.
My son received PR card renewed last month , which will be expired April 2018. If he is out of canada for military service back home, will it be OK for him to return to Canada after about 30 months ? He is planning to leave around Nov. this year.

Thank you again.
JA

He must meet the Residence Obligation (RO) of 730 days of physical presence in Canada in each rolling 5 year period. Days abroad serving in Canadian armed forces count as if they are days in Canada...so if he is in the Canadian military he is ok. If he is in the military of your home country then days abroad don't count as residence.

Having a PR Card does not absolve him of meeting the RO but most PRs with a valid PR Card seem to enter Canada without any issues. He needs to watch out for the 5 year rolling period as depending on how many days he had when he renewed his PR card he may be in breach 30 months from his exit.

 

[Leon]

He can be outside Canada for up to 36 months in a 5 year period. If he was in Canada for the 2 years before leaving, he will be fine with an extra 6 months to spare. If he has been outside Canada for 6 months in the 2 years before leaving, he will just barely make it. If he has been outside Canada for more than 6 months in the past 2 years before leaving, he will not meet the residency requirements any more after he has done his military service but if he gets in without being reported for it which is likely as his PR card will still have a couple of years left on it, he can will be ok as long as he has 2 years in Canada in the past 5 before he applies to renew his PR card.

 

[JA]

Thank you very much.
Would you please clarify me again?
He had 159 days of absences when he applied to renew his PR card (2013. Feb) . If he will leave Canada around Nov. 2013 and return March 2016, can he enter Canada without a problem? his new PR card will be expired April 2018.

Thank you.
JA

 

[scylla]

Thank you very much.
Would you please clarify me again?
He had 159 days of absences when he applied to renew his PR card (2013. Feb) . If he will leave Canada around Nov. 2013 and return March 2016, can he enter Canada without a problem? his new PR card will be expired April 2018.

Thank you.
JA

He should be OK. But we can answer that question with 100% confidence because we don't know when those 159 days of absences occurred. At the time when he returns to Canada in March 2016, when he looks back at the five years immediately preceeding his return date, he needs to have spent at least 730 of those days in Canada. In other words, the 2 years out of 5 years residency obligation is a rolling obligation. Meaning that at any time (regardless of when the PR card expires), an individual needs to meet the obligation to maintain status.

 

[Leon]

159 days should be fine even if they were in the 2 years before leaving because 159 days is less than 6 months. 30 months is around 912 or 913 days. Add 159 to that and you have 1071 or 1072 days outside Canada which is still less than 1095 which is the maximum.

If he has asked anything when coming back, he should say that yes, he was gone for 2.5 years because of military duty but he still meets the residency requirements and he knows he has to stay in Canada for 2 years to make up for being gone that long.

However, they will probably not even ask him.