A few years of exemption from permanent residency in Canada?

[Savak]

I thought i would ask some knowledgable, experienced members around here. I actually got this question from a new immigrant to Canada. But she only landed here, got her SIN cards, Health cards, opened up her bank account, got the written test for the driving license out of the way and then went back home to Pakistan with her daughter.

The problem is that even though both the mother and daughter are legally immigrants to Canada, they have to stay in Pakistan for atleast the next 1-2 years because of the fact that the daughter is studying in Medical school in Pakistan and still has 2 years left and the mother does not want to leave the daughter all alone in Pakistan by herself. Hence they have decided to temporarily split the family for now by having the sons, father live in Canada while the mother will stay with the daughter in Pakistan for atleast the next 1-2 years while she complete medical school after which they plan to come to Canada full time to start living here full time.

But what they really want to do in order is to somehow apply for atleast 1-2 years of exemptions from meeting the requirement of staying in Canada for 1460 days. They have heard from many people that the CIC accomodates immigrants with these issues and hence they have requested me to find out more information for them regarding this.

I have tried looking at the CIC website but found no specific useful material and the CIC agents on the hotline never pick up.

I will be greatful if someone over here can tell me the right link to go to, documents to download or give feedback, advice if they have gone through a similar situation or if they know someone who has gone through this situation.

 

[ttrajan]

To keep PR status, you need to stay 2 out of 5 years in Canada.

 

[hbsk786]

Mother and Daughter can spend their holiday in Canada and in two years they can stay 5 to 8 months in Canada and then came back after daughter complete her medicine note that Pakistan medical degree is not valued in Canada and has to start from scratch again
Thanks

 

[scylla]

But what they really want to do in order is to somehow apply for atleast 1-2 years of exemptions from meeting the requirement of staying in Canada for 1460 days. They have heard from many people that the CIC accomodates immigrants with these issues and hence they have requested me to find out more information for them regarding this.

There's no exemption for the situation you have described. CIC will sometimes grant exemptions after the fact when people are out of the country for unavoidable reasons (e.g. very serious illness). Education is not accepted as a reason. They are making a personal choice by deciding to remain outside of Canada. No exemption will be granted.

As others have explained, the PR residency requirement is 2 years out of every 5 years in Canada. So they can be outside of Canada for 1-2 years without issue. Part of the problem seems to be that you and they don't understand this rule.

 

[kateg]

But what they really want to do in order is to somehow apply for atleast 1-2 years of exemptions from meeting the requirement of staying in Canada for 1460 days. They have heard from many people that the CIC accomodates immigrants with these issues and hence they have requested me to find out more information for them regarding this.

What people sometimes get is forgiveness, not permission. An officer is not required to report someone for failing to meet the Residency Obligation. It's at his discretion, and sometimes they choose to apply. What the others are saying is that they gambled with their Permanent Residence status, and happened to win.

With some relatively narrow exceptions dealing with spouses of Canadian citizens and legitimate transfers for work from a Canadian company, if you want to keep Permanent Residency, the rules are two years out of every five.

 

[Savak]

Is there any link or form available on the CIC website?

 

[Savak]

Doesn't the CIC allow any exemption from the permanent residency requirements on compassionate or humanitarian grounds?

 

[MidoRafa]

Doesn't the CIC allow any exemption from the permanent residency requirements on compassionate or humanitarian grounds?

They do have H&C discretion but as pointed out above, if it's granted it will be after the fact and -in general- education is not considered an H&C cause (rationale: Canada has very good schools and especially with medical school, there won't be any advantage to the daughter continuing her studies in Pakistan and then moving to Canada, since she'd then have to spend many years trying to get certified in Canada).
And again, as others mentioned, it is OK for them to spend a couple of years outside Canada and return in time to fulfill the 2/5 requirement, so it is still doable if that's the intention.

 

[kateg]

Doesn't the CIC allow any exemption from the permanent residency requirements on compassionate or humanitarian grounds?

H&C is one of the factors that they are required to consider if there is a hearing regarding loss of status. It may be considered by an officer at the border, when using his personal discretion to decide whether to write up a report.

It is like getting pulled over for speeding in Canada. If you broke the law, the officer may write you a ticket. He can choose not to do so, as the law does not require him to do anything.

 

[Sandhu21]

in CIC website its mention that


"Residency obligation

you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.''

i wanted to ask is that ---date you became permanent resident is the date of landing?

 

[ttrajan]

Yes from the date of landing.

 

[Sandhu21]

Yes from the date of landing.

thnx bro +1