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How long can protected person stay outside Canada?

Biochemist

Star Member
May 21, 2019
114
55
I'm looking to spend some time across in the US for work to lecture at a university in Michigan, but I have been hearing lots of contradictory information regarding how long I can leave without raising issue with CBSA, since i'm not a PR yet, and its processing, I would rather spend my days now outside since every 2 days count as 1 isn't very useful to me at this point until my PR is received.

So far I know of a colleague in a similar situation that comes back every 6 months for a day or two and hasn't faced any issue, just the usual where did you visit?

Any advice is appreciated...
 

kelepirci

Star Member
Jan 22, 2020
114
104
Short answer; as long as you do not take any permanent residency in the country you are visiting, you will be able to stay up to 2 years.

Long answer; Since you are accepted refugee in Canada; your status is a refugee with positive decision. This status can be revoked for only two reasons:

There are 2 ways that refugee protection can be removed:
  1. A person can cease to hold their refugee status [A108] if, for example, they voluntarily reavail themselves of the protection of their country of nationality or obtain protection from another country (citizenship).
  2. A person can have their refugee status vacated [A109] if they obtained that status by directly or indirectly misrepresenting or withholding material facts relating to a relevant matter
Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/vacation.html

So your travel document and refugee status will stay valid as long as you do not do things outlined above.

According to Refugee Convention 1951, if you take residence, more than two years, in other country then your original accepted country (in you case it is Canada), CBSA and IRCC may deem you residence of that country and ask you to get status there. In order to prevent this kind of problems, Canada only issues travel document with two years of validity for the people who has protected person status and does not have PR. After the PR; the person can apply and get 5 years valid travel document.

If you are traveling outside of Canada as refugee, always have valid and good reason. When you are coming back keep proper documentation about reason of your visit. Because CBSA will ask you where have you visited and may ask you to provide proof.

Another important thing is, take the original decision letter with you while you are traveling. Because that document will let you enter Canada again.
 

Akhenatonbta

Star Member
Jan 29, 2020
63
40
Short answer; as long as you do not take any permanent residency in the country you are visiting, you will be able to stay up to 2 years.

Long answer; Since you are accepted refugee in Canada; your status is a refugee with positive decision. This status can be revoked for only two reasons:

There are 2 ways that refugee protection can be removed:
  1. A person can cease to hold their refugee status [A108] if, for example, they voluntarily reavail themselves of the protection of their country of nationality or obtain protection from another country (citizenship).
  2. A person can have their refugee status vacated [A109] if they obtained that status by directly or indirectly misrepresenting or withholding material facts relating to a relevant matter
Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/vacation.html

So your travel document and refugee status will stay valid as long as you do not do things outlined above.

According to Refugee Convention 1951, if you take residence, more than two years, in other country then your original accepted country (in you case it is Canada), CBSA and IRCC may deem you residence of that country and ask you to get status there. In order to prevent this kind of problems, Canada only issues travel document with two years of validity for the people who has protected person status and does not have PR. After the PR; the person can apply and get 5 years valid travel document.

If you are traveling outside of Canada as refugee, always have valid and good reason. When you are coming back keep proper documentation about reason of your visit. Because CBSA will ask you where have you visited and may ask you to provide proof.

Another important thing is, take the original decision letter with you while you are traveling. Because that document will let you enter Canada again.
Good information. Thank you!

Do you know-how is the thing regarding Visas? Does the Travel Document exempt you from getting a Visa, for example, in Europe?
 

kelepirci

Star Member
Jan 22, 2020
114
104
Visa requirements changes according to countries.

I know following countries do not require visa for Canadian RTD:

Germany
Italy
Albania
Kosova

On the other hand; getting into Schengen zone from Germany will let you travel all in Europe. But I am not sure if there is any travel restrictions.

I would suggest you to contact the embassy of the countries you are planning to visit and ask directly.
 

EddyEms

Full Member
Apr 17, 2024
21
2
Visa requirements changes according to countries.

I know following countries do not require visa for Canadian RTD:

Germany
Italy
Albania
Kosova

On the other hand; getting into Schengen zone from Germany will let you travel all in Europe. But I am not sure if there is any travel restrictions.

I would suggest you to contact the embassy of the countries you are planning to visit and ask directly.
Hi, i have read your detailed answer and it pretty much tells me what I need to know but still double checking so I have applied for my travel doc and when i get it i plan to go to germany to marry my fiance who will come from UK. After that I will come back and apply for spouse visa. from what i understand, I can go to UK but need to come back within 2 years so that I can get PR right? and only when i have my PR i can shift permanently to UK.

Also, lets assume, I got to UK and since my travel doc is valid for two years i just come back to renew it and go back, that works too? meanwhile if my PR comes do i need to come to canada back to receove it or i can have someone mail it to me?
 

canuck78

VIP Member
Jun 18, 2017
55,628
13,534
Hi, i have read your detailed answer and it pretty much tells me what I need to know but still double checking so I have applied for my travel doc and when i get it i plan to go to germany to marry my fiance who will come from UK. After that I will come back and apply for spouse visa. from what i understand, I can go to UK but need to come back within 2 years so that I can get PR right? and only when i have my PR i can shift permanently to UK.

Also, lets assume, I got to UK and since my travel doc is valid for two years i just come back to renew it and go back, that works too? meanwhile if my PR comes do i need to come to canada back to receove it or i can have someone mail it to me?
There is a big IF whether UK allows you to visit for 2 years or even entry on an RTD with minimal ties to Canada.
 

EddyEms

Full Member
Apr 17, 2024
21
2
But original poster plan is based on too many "IF"....He wants to have Canadian PR, but shift permanent to UK,...
Its not like I want PR and UK PR etc. its that I have to do everything legal. So as long as I dont get canadian PR I need to keep coming back and cant exceed two years right? Thats my concern
 

Simba112

VIP Member
Mar 25, 2021
4,479
1,663
Its not like I want PR and UK PR etc. its that I have to do everything legal. So as long as I dont get canadian PR I need to keep coming back and cant exceed two years right? Thats my concern
So fast forward you want UK's Indefinite Leave to Remain and eventually British Passport? Coming back, yes you can come back with your RTD..
 

EddyEms

Full Member
Apr 17, 2024
21
2
So fast forward you want UK's Indefinite Leave to Remain and eventually British Passport? Coming back, yes you can come back with your RTD..
Its not like "what I want" its what it is. Because the person i intend to marry has family there in UK and stable job so its more sensible for me to go there instead of them coming here.
if i can come back and go on Rtd it wont affect my pr application?
 

Simba112

VIP Member
Mar 25, 2021
4,479
1,663
Its not like "what I want" its what it is. Because the person i intend to marry has family there in UK and stable job so its more sensible for me to go there instead of them coming here.
if i can come back and go on Rtd it wont affect my pr application?
As long as you comply with Residency Obligation and do not acquire British Passport in future....
 

EddyEms

Full Member
Apr 17, 2024
21
2
As long as you comply with Residency Obligation and do not acquire British Passport in future....
Oh so you mean that if I acquire british passport in the future for obvious reasons, the pr (if in process or the issued card) will become null? and can affect my visit to canada ever in future?
 

Simba112

VIP Member
Mar 25, 2021
4,479
1,663
Oh so you mean that if I acquire british passport in the future for obvious reasons, the pr (if in process or the issued card) will become null? and can affect my visit to canada ever in future?
I did not say it will affect your visit to Canada, but once you Acquire Citizenship from other Country, your refugee status ceased to exist upon Application by Minister. If you dont meet your residency obligation, it will affect your PR but not your Protected Status...