URGENT : Do I need to come back Canada as soon as possible ?

[thaitran26291]

Hi everyone,


I hope you keep well. I got my PR status and landed last year which was on the 1st May 2019. I stayed in Toronto from then. I left Canada for Lunar New Year. And due to the worldwide virus pandemic, I am not able to fly back home at this moment. I have been already living outside Canada for up to 4.5 months. Lasted news shows that there will no international flight returning to Canada by next month. I have heard about the 6 month rule for both the US and Canada. And so If I leave Canada 6 month in a row, will I lose my PR status ? Very appreciate your answer.

Thank you.

 

[Bs65]

No such 6 month rule you are a PR and entitled to enter Canada at any time.

All you need to ensure is that you continue to meet the residency obligation of 2 years in every 5 years period. and given you only landed last May you have plenty of time to meet that when you have returned. Just need your PR card and passport and you are good to fly back when you can get a flight of course

 

[21Goose]

Canada doesn't have a 6-month rule the way the US does. Canadian rules are different. As stated above, you need to spend 2 years (730 days) in the first five years after becoming a PR. So, between 1 May 2019 - 1 May 2024, you need to spend at least 730 days physically in Canada.

 

[YOF2015]

Hi everyone,


I hope you keep well. I got my PR status and landed last year which was on the 1st May 2019. I stayed in Toronto from then. I left Canada for Lunar New Year. And due to the worldwide virus pandemic, I am not able to fly back home at this moment. I have been already living outside Canada for up to 4.5 months. Lasted news shows that there will no international flight returning to Canada by next month. I have heard about the 6 month rule for both the US and Canada. And so If I leave Canada 6 month in a row, will I lose my PR status ? Very appreciate your answer.

Thank you.

I don't think you need to hurry in returning. Because a PR holder can stay out of Canada for 3 yrs out of 5 yrs from when they landed in Canada ( that wud be the date on the PR card). Also it would be safer if you can return at least 2 years prior to the expiry of your PR card ( that date also mentioned on the card), so that when u enter Canada the officer can easily understand that even if you were out of Canada for 3 years you still have 2 more years in front of you to satisfy the 2 out 5 yrs being present in Canada rule.....I dont think you any of the afore mentioned issues to be worried of...Also the 6 months continuous absence from Canada will not affect ur PR status...... the only rule is that u have to be in canada for 2/5 yrs and that too need not be continuous....Hope i am of help to u..Thanks

 

[Bs65]

Just to clarify that dates on a PR card are not relevant at all to the residency obligation only to when someone can travel back to Canada still having a valid PR card . So do not use a PR card as any indicator for the residency obligation which starts on the day your COPR was processed on landing not when your PR card was issued or is eventually renewed.

 

[thaitran26291]

Thank you for All your comments. Very appreciate. Hope your family and you are always wellbeing.

 

[Wolfpmd3]

Hi everyone,


I hope you keep well. I got my PR status and landed last year which was on the 1st May 2019. I stayed in Toronto from then. I left Canada for Lunar New Year. And due to the worldwide virus pandemic, I am not able to fly back home at this moment. I have been already living outside Canada for up to 4.5 months. Lasted news shows that there will no international flight returning to Canada by next month. I have heard about the 6 month rule for both the US and Canada. And so If I leave Canada 6 month in a row, will I lose my PR status ? Very appreciate your answer.

Thank you.

There is no such 6 month rule, you could even be gone for 3 years in a row without this having an impact.

As long as you're in the country for 2 years (730 days) out of the 5 years, you have nothing to worry about.

 

[joy01]

Hello everyone, I am in similar situation: I soft-landed on May-2019 and have my PR card with me now. However, I do not plan to move to canada till 2021, given covid situation. After having read so many posts on this forum, I understand that it will all be fine if I move to canada in May-2021.
Just wondering, if I need to inform (email) some IRCC or other official of my plans of staying out-of-canada for 2 years from date of soft-landing? I mean is being quiet about my whereabouts and landing after 2 years fine in eyes of Canadian immigration, especially for PR renewal or citizenship ?
Thank you.

 

[scylla]

Hello everyone, I am in similar situation: I soft-landed on May-2019 and have my PR card with me now. However, I do not plan to move to canada till 2021, given covid situation. After having read so many posts on this forum, I understand that it will all be fine if I move to canada in May-2021.
Just wondering, if I need to inform (email) some IRCC or other official of my plans of staying out-of-canada for 2 years from date of soft-landing? I mean is being quiet about my whereabouts and landing after 2 years fine in eyes of Canadian immigration, especially for PR renewal or citizenship ?
Thank you.

No - you don't need to notify IRCC.

 

[joy01]

No - you don't need to notify IRCC.

Thanks for the reply. But really? Don't they really care whether their PR are really residing in Canada or not? I mean if a new PR doesn't bother to see the land for 3 years, wouldn't they want to ask 'why you took PR in first place'? Like here the singapore government does care about why a PR is not staying in SG i.e. they generally don't renew PR if a PR holder does't reside here for long.
p.s. I am not a SG PR holder but have been residing here for last 4 years.

 

[Birju_1984]

Hello All,

I am in similar to "thaitran26291"'s situation but mine is bit difficult situation. Me & wife did soft landing in Jan 2018. Upon returning from Canada to India, my company sent me to the US on work assignment (May 2018 to Nov 2019). I used to frequent to India from US and wife also had come to US on short term stay for couple of months. My wife delivered a baby girl in India in April 2019 and I returned from US work assignment in Nov 2019. Upon my return, I got passport and Visitor visa for my daughter in India since we had planned to move to Canada in April/May 2020 time frame which was safe to meet 730 days requirement. Also, I had mentioned the same (moving in April/May 2020 time frame) in letter of explanation to IRCC during my daughter's visa application. However, due to this pandemic situation, we are not sure when we would be able to fly?

In short, our timeline for PR status in Canada is Jan 2018 - Jan 2023, so we have to be in Canada by max Jan 2021. I am planning to write to IRCC explaining everything in detail. If we happen to travel after Jan 2021, will IRCC accept this situation ? Eagerly looking for recommendation or suggestion from this thread.

Thanks in advance.

Regards,

 

[scylla]

Thanks for the reply. But really? Don't they really care whether their PR are really residing in Canada or not? I mean if a new PR doesn't bother to see the land for 3 years, wouldn't they want to ask 'why you took PR in first place'? Like here the singapore government does care about why a PR is not staying in SG i.e. they generally don't renew PR if a PR holder does't reside here for long.
p.s. I am not a SG PR holder but have been residing here for last 4 years.

Yes - really. They don't care.

 

[canuck78]

In order to sponsor your child you must be compliant with your RO. Flying from the US to Canada is still possible and there are many examples of people who have been able to fly from the US to Canada in the past weeks. I would make sure you doublecheck and get Special permission for your child to travel if needed. You should be preparing to relocate before January.

 

[dpenabill]

Don't they really care whether their PR are really residing in Canada or not? I mean if a new PR doesn't bother to see the land for 3 years, wouldn't they want to ask 'why you took PR in first place'?

@scylla gets it right.

But there is, of course, the PR Residency Obligation. Why a PR remains outside Canada is totally NOT relevant in determining whether the PR has met the RO. A PR can remain outside Canada for up to 1095 days within the first five years after landing, NO QUESTIONS asked. And, as long as on any day after the fifth year anniversary of landing the PR has been present in Canada for at least 730 days within the five years immediately preceding that day, the PR is in compliance with the RO, no explanation necessary.

In short, our timeline for PR status in Canada is Jan 2018 - Jan 2023, so we have to be in Canada by max Jan 2021. I am planning to write to IRCC explaining everything in detail. If we happen to travel after Jan 2021, will IRCC accept this situation ?

There is no preemptive procedure in anticipation of a future Residency Obligation breach. No point in sending IRCC an explanatory letter upfront.

Any PR is subject to a RO compliance determination when coming to Canada, upon arrival at a PoE. Most times PRs are waived through without being questioned much about RO compliance. What triggers an RO compliance examination at the PoE is a big subject addressed at length and in-depth in many topics here. If the returning PR is questioned about RO compliance, and is not in compliance, THEN the PR can and should offer an explanation. It is quite likely that CBSA will be at least somewhat more flexible if not outright lenient in this regard for SOME (not all) PRs asserting there would not have been a breach of the RO except for this year's covid-19 crisis. No guarantees however.

 

[joy01]

Thank you very much Scylla and Dpenabill.