Residency requirements not fulfilled

[singh@1234]

Are you sure about that "you will be in compliance as long as you are out of Canada less than 1095 days (from your date of first landing)."?
He clearly said that he left after receiving the PR. He will be questioned about the reasons to go out once he come back to Canada right? Or he will only be questioned about his RO after 5 years to check his Residence Obligations?

Not at all, so many guys do that. My brother did the same.

 

[candadream]

Would add that if you manage to enter Canada without being reported you will have to remain in Canada for 2 straight years to get compliant with your RO. That is quite difficult for people especially if your job requires travel or if you have elderly family members abroad.

Do you mind sharing more details about this?

I mean how will he reported if he has not finished his first 5 years of PR holder, plus he can still meet his Residence Obligations if he decides to stay 2 years straight

 

[candadream]

Not at all, so many guys do that. My brother did the same.

But there is no risk of being reported once you are entering immigrations and they questions your long stays outside Canada?

 

[singh@1234]

Do you mind sharing more details about this?

I mean how will he reported if he has not finished his first 5 years of PR holder, plus he can still meet his Residence Obligations if he decides to stay 2 years straight

When you enter CBSA officers may question and report you regarding your RO. There are tons of threads and information on this topic, just search.

 

[singh@1234]

But there is no risk of being reported once you are entering immigrations and they questions your long stays outside Canada?

They question yes, but will let you in if you can still meet your RO. Moreover, count days from your landing date, not your PR expiry date

 

[candadream]

When you enter CBSA officers may question and report you regarding your RO. There are tons of threads and information on this topic, just search.

I am literally searching these days, but... your comment is among the more recents so that is why I was wondering about new cases/information rather than pre-covid times

 

[singh@1234]

I am literally searching these days, but... your comment is among the more recents so that is why I was wondering about new cases/information rather than pre-covid times

It is not about whether you have finished 5 years or not, they will check whether you will be able to meet your RO or not.

 

[candadream]

It is not about whether you have finished 5 years or not, they will check whether you will be able to meet your RO or not.

but lets say:
You get the PR, you leave the country after 6 months
You come back in 1 year

At the time you come back to Canada, they will question your RO?

 

[singh@1234]

but lets say:
You get the PR, you leave the country after 6 months
You come back in 1 year

At the time you come back to Canada, they will question your RO?

NO, because you can still meet it, you need to be in Canada for 2 years in 5 continuous years.

 

[armoured]

Are you sure about that "you will be in compliance as long as you are out of Canada less than 1095 days (from your date of first landing)."?
He clearly said that he left after receiving the PR. He will be questioned about the reasons to go out once he come back to Canada right? Or he will only be questioned about his RO after 5 years to check his Residence Obligations?

Yes. Must be in Canada 730 days in any five year period. In first five years, given credit (when in country or on entry) for days remaining in that first five year period, IE they grant that or can remain and be in compliance.

Hence: five years * 365 days - 730 days equals 1095. As long as days outside Canada less than this figure, in compliance.

They might well ask and make notes, but if you're in compliance, you're in compliance.

 

[candadream]

Yes. Must be in Canada 730 days in any five year period. In first five years, given credit (when in country or on entry) for days remaining in that first five year period, IE they grant that or can remain and be in compliance.

Hence: five years * 365 days - 730 days equals 1095. As long as days outside Canada less than this figure, in compliance.

They might well ask and make notes, but if you're in compliance, you're in compliance.

This is great! Do you speak by experience or by knowing people who have been outside for one year or so, but then manage the stay the rest of the 5 years term in Canada?
Thanks!

 

[armoured]

This is great! Do you speak by experience or by knowing people who have been outside for one year or so, but then manage the stay the rest of the 5 years term in Canada?
Thanks!

It's not uncommon.

But keep in mind, my math is just a restatement of the law. You can check it yourself.