Maintaining PR Status

[Pirlo]

Hello All

I moved to Canada about 6 months ago. I have my PR valid till End of 2025.

Due to family and personal reasons, I would like to travel out of Canada to visit my mom every 3 or 6 months.

The problem is that due to the requirement to stay in Canada for 730 days during the last 5 years, this makes my travel options/days to visit my mom very limited.

Is there any solution to this?

Thank you for your help

 

[scylla]

Hello All

I moved to Canada about 6 months ago. I have my PR valid till End of 2025.

Due to family and personal reasons, I would like to travel out of Canada to visit my mom every 3 or 6 months.

The problem is that due to the requirement to stay in Canada for 730 days during the last 5 years, this makes my travel options/days to visit my mom very limited.

Is there any solution to this?

Thank you for your help

The 730 days does not have to be continuous. Nothing is stopping you from traveling to see your mother every 3 or 6 months. However you do need to make sure you live in Canada for at least 730 days / 2 years out of the five years. Again, this doesn't need to be continuous.

 

[Besram]

Hello All

I moved to Canada about 6 months ago. I have my PR valid till End of 2025.

Due to family and personal reasons, I would like to travel out of Canada to visit my mom every 3 or 6 months.

The problem is that due to the requirement to stay in Canada for 730 days during the last 5 years, this makes my travel options/days to visit my mom very limited.

Is there any solution to this?

Thank you for your help

When did you land in Canada? And how many days have you spent in Canada since landing - is it the 6 months since you moved?

Short version is:

• In the first five years after landing you must be able to demonstrate that you can meet the residency requirement of 730 days in the country. In practice, this means you need to determine how many days are left until the five year anniversary of your landing date (not: PR card expiry), and this number must always be greater than your current lack of residency days.
• Following the first five years after your landing, the requirement becomes a rolling look-back window, i.e. at any given point you must be able to look back at the last five years and have at least 730 days in the country

As long as you organise your travel such that the two conditions above are met, you are fine. It is always advisable to leave a buffer for emergency travel or unforeseen circumstances though.

If you don't meet the residency requirements as outlined above, there is no "carte blanche" for keeping your PR status and you are at least putting it at risk. Humanitarian and Compassionate reasons exist to keep PR in exceptional circumstances, but these are always assessed after the fact (i.e. after the breach has already occurred), so you cannot rely on this in advance.

 

[armoured]

Short version is:

• In the first five years after landing you must be able to demonstrate that you can meet the residency requirement of 730 days in the country. In practice, this means you need to determine how many days are left until the five year anniversary of your landing date (not: PR card expiry), and this number must always be greater than your current lack of residency days.
• Following the first five years after your landing, the requirement becomes a rolling look-back window, i.e. at any given point you must be able to look back at the last five years and have at least 730 days in the country

As long as you organise your travel such that the two conditions above are met, you are fine. It is always advisable to leave a buffer for emergency travel or unforeseen circumstances though.

Simply for ease of calculation, many may find it easier to keep track of and calculate days OUT of Canada - where one is in compliance if one has been out of Canada LESS THAN 1095 days in any five year period (the first five year period being from day of landing to fifth anniversary of landing, and thereafter rolling five year periods looking back).

Note this is exactly the same calculation* - the advantage is primarily that one does not need to 'add back' days remaining in the future, just keep track of days out of Canada (including planned days out of Canada if necessary).

Agree entirely though and your warning to keep some buffer on the money.



*I say 'exactly the same' in the sense that this is just arithmetic restatement - min 730 days in Canada out of five years = max 1095 days out of Canada, 5 years * 365 days - 730 days = 1095.

 

[canuck78]

Hello All

I moved to Canada about 6 months ago. I have my PR valid till End of 2025.

Due to family and personal reasons, I would like to travel out of Canada to visit my mom every 3 or 6 months.

The problem is that due to the requirement to stay in Canada for 730 days during the last 5 years, this makes my travel options/days to visit my mom very limited.

Is there any solution to this?

Thank you for your help

Looks like you may have moved to Canada close with a very small buffer to remain compliant with your RO. Depending on how big the buffer is you will need to limit how long how your visits are. Sadly when people return with only a small buffer to remain compliant with their RO they may face travel limitations for the next 2 years.