What happens if I cannot meet PR residency requirement ?

[ahmadka]

Hi guys ... I'm currently working in the US on H-1B Visa, and I'm a Canadian PR. I'm in a serious confusion regarding when to move to Canada (reason below). I got my PR in August 2016, and so I should have resided in Canada for at least 2 years by August 2021. This means I need to move to Canada at the latest by August 2019. What happens to my Canadian PR if I move to Canada after August 2019 ? Will I loose my PR ?

Can I possibly get an extension for my Canadian PR (e.g. stay in Canada for at least 2 years by August 2022) ?

Reason for delaying moving to Canada is that my company in the US is sponsoring me for US Green Card currently, but this might take another 1.5 ~ 2 years from now, and I have to be here for that. I'm not sure where to give my priority. I would like to move to Canada after my US Green Card process is finished, ideally speaking.

 

[Buletruck]

There is no extensions available for residency obligation as it’s exceptionally generous now. If you can’t meet RO, any time you enter Canada after august 2019; you risk being reported for being in violation. If you are reported, they start the process of revoking your PR status. You can appeal, but living outside of Canada for work and a green card would probably be insufficient grounds to retain your PR. Or, when you enter, you may not get reported.....hard to say what will happen until you try. Keep in mind, CBSA can see what immigration processes are/have gone on in the US. They would very likely know you are applying for a GC.

 

[ahmadka]

So what's the furthest in the future that I can move to Canada, such that I can still meet the Canadian PR residency requirement and there's no risk of my Canadian PR being revoked ?

 

[Rob_TO]

So what's the furthest in the future that I can move to Canada, such that I can still meet the Canadian PR residency requirement and there's no risk of my Canadian PR being revoked ?

If you got PR status in Aug 2016 then immediately moved to US, you'd need to move to Canada by latest Aug 2019 then live here for 2 straight years without leaving. Basically you can't have more than 3 years (1,095 days) absence from Canada in any 5 year rolling period.

Wanting to get a US green card is most definitely NOT a valid reason to exempt you from the PR Residency Obligation. Why on earth would Canada allow you to not follow the rules, simply so you could get residency in some other country?? This means you obviously prefer the US over Canada.

Not to mention once you get US green card, if you then move to Canada to try and fulfill your Canadian PR the US could just cancel your green card as you wouldn't be living in the US anymore.

 

[ahmadka]

Okay suppose I move to Canada in August 2019. Can I travel outside Canada for short trips, like visit my home country for a few weeks or so ?

 

[canuck78]

Okay suppose I move to Canada in August 2019. Can I travel outside Canada for short trips, like visit my home country for a few weeks or so ?

No unless you want to be at risk of losing your PR that is why you should probably arrive 2 months earlier. To anticipate vacation, family emergencies. Does your field of employment require business travel then you should add more time as well.

 

[ahmadka]

No unless you want to be at risk of losing your PR that is why you should probably arrive 2 months earlier. To anticipate vacation, family emergencies. Does your field of employment require business travel then you should add more time as well.

I thought that CIC required me to have Canadian residence for 2 out of the 5 year period, to fulfill PR requirements. Are you saying that I literally need to spend 2 years worth of nights in Canada in that 5 year period, and that even small international trips DON'T count as residence IN Canada ?

 

[Bs65]

I thought that CIC required me to have Canadian residence for 2 out of the 5 year period, to fulfill PR requirements. Are you saying that I literally need to spend 2 years worth of nights in Canada in that 5 year period, and that even small international trips DON'T count as residence IN Canada ?

You need to spend 730 days out of 5 years in Canada, that day can be 1 minute long if you want but still counts as a day so doesn't imply a night or a whole day (24 hours)

Business trips or vacation out of the country you can only count the day you leave and the day you return not the days in between when you are not in Canada.

Granted this can make life difficult if travelling is part of a job, even more so if trying for citizenship, but that is the way it is given thats what they signed up for. A lot more generous possibly than some other countries and getting PR in the first place sort of assumes decision made to live in Canada and not the US through a fresh Green card application.

 

[keesio]

I thought that CIC required me to have Canadian residence for 2 out of the 5 year period, to fulfill PR requirements. Are you saying that I literally need to spend 2 years worth of nights in Canada in that 5 year period, and that even small international trips DON'T count as residence IN Canada ?

Other than some rare exceptions, you need to physically spend 2 out of 5 years in Canada. Day trips do not count against you. But once you spend more than one consecutive night outside Canada, it does count against you.

 

[keesio]

Reason for delaying moving to Canada is that my company in the US is sponsoring me for US Green Card currently, but this might take another 1.5 ~ 2 years from now, and I have to be here for that. I'm not sure where to give my priority. I would like to move to Canada after my US Green Card process is finished, ideally speaking.

What is your purpose of wanting to come back to Canada if you get a US GC? Sounds like you are looking for a permanent life down there. Note that you need to spend 6 months out of the year in the US to maintain your US GC. Do you plan on splitting your time between US and Canada if you come back.

 

[Rob_TO]

I thought that CIC required me to have Canadian residence for 2 out of the 5 year period, to fulfill PR requirements. Are you saying that I literally need to spend 2 years worth of nights in Canada in that 5 year period, and that even small international trips DON'T count as residence IN Canada ?

Re-read my post. As I mentioned on any given day you must have 2 years (730 days) of physically residency in the past 5 years (or not exceeding 1095 days outside Canada in past 5 years).

So if on some day X you see you have more than 1095 days outside Canada going back 5 years, then any travel outside Canada (even for 1 day) would put you at risk to be reported and have PR status terminated upon your next re-entry to Canada.

You need to do your own calculations on your residency days, to see when you will be allowed to travel based on the rolling 5 years rule.

 

[gattupalli]

I have a similar question regarding the Residency requirement for the Canada PR.

I and my elder son received our PR cards with validity till Sept 2020 whereas my husband received with validity of Feb 2021. We still are in India and what if:
1) We move sometime next year say before June 2019 and we fail to fulfill our 730 days residency requirement, can we still renew/reapply our PR status by staying in Canada?
2) If only my husband moves before Feb 2019 and he will be able to fulfill the 730 days residency requirement, what are the options of renewal/retaining the PR status for us?

Kindly advise.

 

[Bs65]

To gattupalli

1)assume that you and your son initially landed around June/July 2015 so you must accumulate 730 days by June/July 2020.

If you enter Canada without having met the RO you could be reported and subject to appeal have your PR status revoked. If you enter without being reported you will need to stay in Canada without leaving for 2 plus years before attempting to renew your PR cards

2) same for your husband who needs to meet the 730 day requirement assuming an initial entry of around December 2015 must meet the RO by December 2020.

PR residency obligation is for an individual to meet so your husbands status has nothing to do with your or your sons status you both have to meet that yourselves on an individual basis.

PR card validity is not relevant to the residency obligation in that you must spend 730 days in Canada in the first 5 years from initial landing not from when a PR card has been issued. After the initial 5 years you must have spent 730 days in the 5 years preceding each new entry into Canada.

 

[gattupalli]

Actually we all entered in July 2015 and stayed there for 3 weeks. We received till validity of Sep 2020 and he received with validity of Feb 2021.
So you are saying that even if my husband enters in Jan 2019, he can be reported at the port of entry? Can we take that risk ? And if by God's grace he doesnt get reported, he can renew his status after 2 years of rentry. Is this understanding correct?


" After the initial 5 years you must have spent 730 days in the 5 years preceding each new entry into Canada."

Can you explain the above?

 

[Bs65]

Actually we all entered in July 2015 and stayed there for 3 weeks. We received till validity of Sep 2020 and he received with validity of Feb 2021.
So you are saying that even if my husband enters in Jan 2019, he can be reported at the port of entry? Can we take that risk ? And if by God's grace he doesnt get reported, he can renew his status after 2 years of rentry. Is this understanding correct?


" After the initial 5 years you must have spent 730 days in the 5 years preceding each new entry into Canada."

Can you explain the above?

if you all entered July 2015 including your husband then will not have met the residency obligation if he enters Jan 2019 given he would have out of the country since say August 2015 and would have needed to have been back by around August 2018.

In the 5 years from July 2015 through July 2020 as new immigrants you must be in Canada for 730 days otherwise risk being reported on entry , possibly leading to PR status being revoked. No way to predict whether reported or not , just an unknown risk. If not reported then provided stay for 2 years without leaving at all then it becomes possible to renew a PR card given the RO will then be met as a result of accumulating 730 days in the 5 years before applying to renew.

So in your case after the initial 5 years from landing then from July 2020 each time you enter Canada again then you must be prepared to show you have spent 730 days in Canada in the 5 year period before each entry. So say you enter July 2021 you need to show that from July 2016 through July 2021 you spent 730 days in the country. This is often referred to as a rolling 5 year period that only applies after the initial 5 year period from initial landing.

Note you must spend 730 days in Canada from the date of initial landing through 5 years to avoid possibly being reported on entry, PR card issue date and expiry date are irrelevant to the residency obligation. Also only PR cards expire PR status never expires and can only be renounced or revoked, a PR card is generally used for travel or in some cases for interaction with some government agencies.