+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Confuse about 2 years in 5 years

SkilledPro

Hero Member
Mar 13, 2009
277
3
Hello everyone,

Is my understanding correct that someone who got their PR approved may just formalize their landing to Canada and go back to the US?

And to maintain PR, one must stay in Canada for 2 years in 5 years but not necessarily 2 consecutive years, for as long as the total number of days that person must stay in 5 years is equivalent to 2 years?

please shed some light

thank you,
 

candid

Full Member
Mar 22, 2006
32
0
you have to apply to immigrate,if granted you must live in canada as a permanent resident for 3 years then you can apply to become a citizen


To become Canadian citizens, adults must have lived in Canada for at least three years (1,095 days) in the past five years before applying. Children do not need to meet this requirement.

You may be able to count time you spent in Canada before you became a permanent resident if that time falls within the five-year period.

I thinks its clear..
 

candid

Full Member
Mar 22, 2006
32
0
Sorry for my previous post, you have to lived (1,095 days) in the past four years not five.
 

rupeshhari

VIP Member
Sep 15, 2008
3,686
255
Category........
Visa Office......
Buffalo
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
Dec 2008 to CIO
Doc's Request.
Jan 2009
AOR Received.
Feb 2009 from VO
IELTS Request
Didn't do IELTS.
File Transfer...
Not transfered to regional office.
Med's Request
July 2010 with RPRF and another PCC.
Med's Done....
Meds - September 2010. PCC - Late Oct 2010
Interview........
Waived
Passport Req..
Early November 2010
VISA ISSUED...
December 2010 - Exactly days shy of 2 years since I sent in my application to CIO.
LANDED..........
2011
I think this is the way it is calculated and maybe someone can confirm it.

If your PR status is less than 5 years old, then they look to see if you can make 2 years by the time that your PR is 5 years old. If you cannot make PR then they won't let you enter. The 2 years includes any previous stay as a PR (i.e. total 2 years).

Eg, get PR, stay for 1 year in Canada, go to US for 3 years, then they will let you enter, because you could make 2 years of total stay with one more year (i.e. by the time the PR is 5 years old). If you go back and stay for one year then you can renew the PR.

If your PR status is more than 5 years old, then they look to see if you have 2 years of stay in Canada in the past 5 years. If not, then they won't let you enter.

eg, if you stay for 2 years in canada and then go overseas for 3 years exactly, then you can return to canada and renew your PR. However, if you stay for 2 years in Canada and then go overseas for 3 years and 1 day, then no PR.

Can someone confirm that?
 

BobbyB

Champion Member
Feb 10, 2009
1,769
98
Job Offer........
Pre-Assessed..
rupeshhari said:
I think this is the way it is calculated and maybe someone can confirm it.

If your PR status is less than 5 years old, then they look to see if you can make 2 years by the time that your PR is 5 years old. If you cannot make PR then they won't let you enter. The 2 years includes any previous stay as a PR (i.e. total 2 years).

Eg, get PR, stay for 1 year in Canada, go to US for 3 years, then they will let you enter, because you could make 2 years of total stay with one more year (i.e. by the time the PR is 5 years old). If you go back and stay for one year then you can renew the PR.

If your PR status is more than 5 years old, then they look to see if you have 2 years of stay in Canada in the past 5 years. If not, then they won't let you enter.

eg, if you stay for 2 years in canada and then go overseas for 3 years exactly, then you can return to canada and renew your PR. However, if you stay for 2 years in Canada and then go overseas for 3 years and 1 day, then no PR.

Can someone confirm that?

Makes sense. That's my understanding too. However, let's see if someone else has a different explanation.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Yes, that is the way it is although they do not have complete data over who has been in Canada how long exactly at the border so it's quite common that people get in to Canada who have already lost their PR status for staying away too long.

When these people's PR cards expire and they apply to renew them stating how long they were actually gone, they will lose their PR status unless they apply on H&C grounds stating compelling reasons why they had to be gone or that all of their family already has PR and live in Canada. In that case, they might be allowed to keep their PR status.

They could also lie and say that they actually were in Canada 2 out of the previous 5 years but then they risk at the officer doing their renewal will pull some records available to them like the US border records because as I hear it, they work together and maybe they will then find out that they lied and lying to immigration doesn't usually go over very well.

They could also wait to renew the PR card until they really have been in Canada 2 years because then they are not lying but that means they can't travel while they wait.