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More than 3 years out of canada- Residency status, renew PR

Mohamed123

Star Member
Feb 27, 2018
50
2
Guys i have a question to make my wife and child are canadian citizens and i have a PR , we all live outside canada! now what i want to know is if i live outside canada more than 3 years will i not be able to renew my PR card? does living with a canadian protect your PR status from expiring?
 

Mohamed123

Star Member
Feb 27, 2018
50
2
Thnx for the reply , thats a really big relief i thought i had to satisfy the 2/5 rule , but where does it say i cannot renew my PR card from abroad?
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Thnx for the reply , thats a really big relief i thought i had to satisfy the 2/5 rule , but where does it say i cannot renew my PR card from abroad?
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=057&top=10&_ga=2.75287892.796520734.1538822885-524613262.1538822885

Also in the guide plus they will not mail a card outside of Canada

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#overview

Suggest you read through some other threads on accompanying citizen abroad given there are differing views on who is accompanying whom. For example if the PR moved abroad for a job then technically the citizen is accompanying the PR not the other way around, it can be a grey area subject to interpretation but still key to keep complete documentation. Expect others will comment as well
 
Last edited:

Mohamed123

Star Member
Feb 27, 2018
50
2
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=057&top=10&_ga=2.75287892.796520734.1538822885-524613262.1538822885

Also in the guide plus they will not mail a card outside of Canada

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#overview

Suggest you read through some other threads on accompanying citizen abroad given there are differing views on who is accompanying whom. For example if the PR moved abroad for a job then technically the citizen is accompanying the PR not the other way around, it can be a grey area subject to interpretation but still key to keep complete documentation. Expect others will comment as well

thnx for the reply, ill check out the links you sent me!!
ill try and look for different threads for this particular case of mine! thnx alot again
 

crude101

Member
Oct 23, 2015
15
0
Ok so my question is simple. I was not able to stay in Canada for 730 days and don't want to risk going by lying or breaching anything. Basically i did not meet the requirements for PR renewal.

Shall I file a fresh application? Do i need to revoke my previous PRs? Will my not going there effect my fresh application?
 

Obadina

Member
Sep 22, 2018
10
0
Hello House

Thanks for all your replys.please i just want to confirm if it s possible for a Pr primary nomimatiin to stay out of canada for 2 years but wife and kids resides permanently in canada while i check them from time to time.i need your advice?Will it effect pr status and passport processing when my family is due to get canadian passport.
Regards
Tunde
 

Obadina

Member
Sep 22, 2018
10
0
Hello House

Thanks for all your replys.please i just want to confirm if it s possible for a Pr primary nomimatiin to stay out of canada for 2 years but wife and kids resides permanently in canada while i check them from time to time.i need your advice?Will it effect pr status and passport processing when my family is due to get canadian passport.
Regards
Tunde
 

EstherBarros

Hero Member
Aug 18, 2014
616
143
BC- Canada
Visa Office......
Ottawa
App. Filed.......
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Doc's Request.
02-07-2015
AOR Received.
03-02-2015
File Transfer...
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Med's Done....
23-09-2014
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waived
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07-08-2015
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22-08-2015
Hello House

Thanks for all your replys.please i just want to confirm if it s possible for a Pr primary nomimatiin to stay out of canada for 2 years but wife and kids resides permanently in canada while i check them from time to time.i need your advice?Will it effect pr status and passport processing when my family is due to get canadian passport.
Regards
Tunde
If a PR is not in Canada, then those days do not count towards meeting PR RO. The PR family members in Canada will have their RO, and they should be fine, the fact that one of the family members is not in Canada should not impact the other family members' PR statuses or their abilities to apply for Canadian citizenship. the PR who left for 2 years will not be able to apply for citizenship alongside the family members who have physical presence in Canada, and should watch out for their RO if they plan to remain a PR.
 

canuck78

VIP Member
Jun 18, 2017
55,710
13,566
Hello House

Thanks for all your replys.please i just want to confirm if it s possible for a Pr primary nomimatiin to stay out of canada for 2 years but wife and kids resides permanently in canada while i check them from time to time.i need your advice?Will it effect pr status and passport processing when my family is due to get canadian passport.
Regards
Tunde
You will remain a resident for tax purposes just in case you didn't realize.
 

dpenabill

VIP Member
Apr 2, 2010
6,438
3,183
You will remain a resident for tax purposes just in case you didn't realize.
This is NOT necessarily the case. In many situations a PR residing abroad for the tax year can file a non-resident tax return or even not be required to file a return at all. Depends on a number of details. See CRA information for more detailed description of who is a resident for tax purposes and otherwise who must file a tax return as a non-resident.


In general (very generally):

Residence of family in Canada is of course a very significant factor in evaluating tax/residential ties, but it is NOT a definitive factor.

And especially if the PR is a bona fide resident for tax purposes in a country with which Canada has a treaty (which applies to a large number of countries), that usually (not always) means the PR is NOT a resident of Canada for tax purposes.

While who-is-a-Canadian-resident for tax purposes, and who-must-file-a-Canadian-return, are related questions, the respective answers depend on a range of factors, many of which are not definitive. Some are. Canadian sourced income or otherwise having a Canadian tax obligation definitively require the filing of a return . . . but whether that is a resident return or a non-resident return depends on other factors.

And WHO-SHOULD-FILE-A-RETURN is also an important question, even if the PR might otherwise NOT be required to file any return. If, for example, the spouse living in Canada wants to qualify for certain benefits or credits, they may not be available unless the spouse living outside Canada also files a return. But here again, whether the spouse outside Canada needs to file a resident return or a non-resident return depends on additional factors.
 

ssrrr

Newbie
Mar 18, 2019
2
0
Hello All, please suggest, I landed in canada first time in April 2014 and travelled twice later ( one month each) last time being in May 2016. My PR card expires June 2019, and I am planning to travel back to canada in April 2019, will I face any issue at the immigration? travelling with family.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Hello All, please suggest, I landed in canada first time in April 2014 and travelled twice later ( one month each) last time being in May 2016. My PR card expires June 2019, and I am planning to travel back to canada in April 2019, will I face any issue at the immigration? travelling with family.
Given seems you have failed the residency obligation by not having spent 2 years in Canada since April 2014 there is a chance that on entry you may be reported leading to your PR status being revoked subject to appeal. As a PR you would still be entitled to enter the country pending your appeal but there is no way to predict whether you will either be reported or an appeal would succeed.

If you are lucky enough to not be reported you will need to stay put for 2 years plus and not in that time attempt to renew your PR card.

Your previous visits would not have been an issue given you would still have been able to meet the RO had you stayed then.
 
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ssrrr

Newbie
Mar 18, 2019
2
0
Given seems you have failed the residency obligation by not having spent 2 years in Canada since April 2014 there is a chance that on entry you may be reported leading to your PR status being revoked subject to appeal. As a PR you would still be entitled to enter the country pending your appeal but there is no way to predict whether you will either be reported or an appeal would succeed.

If you are lucky enough to not be reported you will need to stay put for 2 years plus and not in that time attempt to renew your PR card.

Your previous visits would not have been an issue given you would still have been able to meet the RO had you stayed then.
Thank you