How long can a permanent resident stay out side the country

[canadianwoman]

Hi. I am a PR of canada for a year now, but I am planning to stay outside the country for at least 3 years. Am I going to lose my PR status if I do that?

Sorry I don't really understand their rule " 2 years within 5 years time"...

You can stay out for three years, but then you have to come back for one year. That will give you two years out of five.
But then you have to stay for the next year, because the 'rolling 5-year period' will then start with the three years you stayed out of Canada. You will have to stay in Canada for the next two years.

 

[Leon]

Your first 5 years as a PR counting from the day you landed in Canada, you may not exceed 1094 days (3 years less than a day) outside Canada. You may be spend this whole period outside Canada in one stretch but if you do that, you must stay at least 2 years upon returning in order to make up for it again.

After having been a PR for more than 5 years, it is always the period of the past 5 years that counts. You have to make sure that in the past 5 years you have not spent more than 1094 days outside Canada. For example, if you stay for 1 year after landing, then leave for 3, then come back for one, you have met the RO for your first 5 years as a PR. However, after that what happens is that you need to continue staying because the first year you spent in Canada starts moving outside the window of the past 5 years and does not count any more. Those days moving outside the window of the past 5 need to be replaced by new days spent in Canada.

 

[benitaagogo]

Hi all I'm just wondering will the days I've lived in Canada prior to my PR counts? We applied outland this March and just got SA, still have a long way to go, and my husband and I are planning maybe to go to Australia (We live together in Canada now).

Is it ok for us to leave for Australia before I get the PR? And if my husband comes with me, do the days we spend out side of Canada counts? Or at least two years we have to be living IN Canada, (don't think we will leave that long but just wondering)

 

[Leon]

Hi all I'm just wondering will the days I've lived in Canada prior to my PR counts? We applied outland this March and just got SA, still have a long way to go, and my husband and I are planning maybe to go to Australia (We live together in Canada now).

Is it ok for us to leave for Australia before I get the PR? And if my husband comes with me, do the days we spend out side of Canada counts? Or at least two years we have to be living IN Canada, (don't think we will leave that long but just wondering)

If you are being sponsored outland, you don't have an obligation to stay in Canada during the processing. You can leave if you want to but when you get your PR visa, you must land in Canada as a PR before it expires.

Days spent in Canada before getting PR do not count towards the PR residency obligation.

If your husband is a Canadian citizen, time you spend living with him outside Canada counts towards your PR residency obligation.

 

[benitaagogo]

If you are being sponsored outland, you don't have an obligation to stay in Canada during the processing. You can leave if you want to but when you get your PR visa, you must land in Canada as a PR before it expires.

Days spent in Canada before getting PR do not count towards the PR residency obligation.

If your husband is a Canadian citizen, time you spend living with him outside Canada counts towards your PR residency obligation.

Thank you so much Leon!!! My husband is a Canadian citizen, I'm glad to know the days we spend living outside Canada together counts towards the PR residency obligation! Something happened in our lives that we are seeking for a change like traveling abroad, we'll still be back and settle down in Canada but the residency obligation worries me. Thank you a lot for answering me ) I can't wait to travel with hubby soon!

 

[forja]

Thank you so much Leon!!! My husband is a Canadian citizen, I'm glad to know the days we spend living outside Canada together counts towards the PR residency obligation! Something happened in our lives that we are seeking for a change like traveling abroad, we'll still be back and settle down in Canada but the residency obligation worries me. Thank you a lot for answering me ) I can't wait to travel with hubby soon!

days spent together outside canada count towards PR residency obligation , after you been approved as PR
and not before .

 

[28january]

Days spent in Canada before getting PR do not count towards the PR residency obligation.

What about citizenship? I heard that this rule is about to change (or has changed already, I'm not sure) but you get half of those years counted? Ie, I was here for school for 5 years, do I get to count that as 2.5 years towards my citizenship requirement?

 

[benitaagogo]

What about citizenship? I heard that this rule is about to change (or has changed already, I'm not sure) but you get half of those years counted? Ie, I was here for school for 5 years, do I get to count that as 2.5 years towards my citizenship requirement?

Honestly that was why I asked before, I've heard rumor says you get half of the days counted but two years max, haven't confirmed if the rumor is true or not :/ ?

 

[benitaagogo]

ok I found it from CIC, https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do

To be eligible for Canadian citizenship, you must have lived in Canada for at least three years (1,095 days) out of the four years (1,460 days) preceding your application. Please note that you cannot meet the residence requirements for citizenship without a minimum of two (2) years as a permanent resident.

When calculating your time in Canada:

only the four (4) years preceding the date of your application are taken into account;
each day you lived in Canada before you became a permanent resident counts as half a day;
each day you lived in Canada after you became a permanent resident counts as one day;
time spent serving a sentence for an offence in Canada (e.g. prison, penitentiary, jail, reformatory, conditional sentence, probation and/or parole) cannot be counted toward residence - there are some exceptions to this rule;
absences from Canada may have an impact on your residence. Only a citizenship judge can determine if you meet the residence requirements with fewer than 1,095 days of physical presence.

 

[Rob_TO]

ok I found it from CIC, https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do

Note the rules are changing for citizenship sometime very soon (Bill C-24). It will no longer accept pre-PR time at all, and will require 4 full years (out of 6) of residency in Canada only AFTER becoming PR.

So by the time you are ready to apply for citizenship, the new rules will most likely need to be followed.

 

[benitaagogo]

Note the rules are changing for citizenship sometime very soon (Bill C-24). It will no longer accept pre-PR time at all, and will require 4 full years (out of 6) of residency in Canada only AFTER becoming PR.

So by the time you are ready to apply for citizenship, the new rules will most likely need to be followed.

I see, didn't note there will be new rules apply, do days living with spouse outland count for applying citizenship? We might just take an year traveling the southern hemisphere.

 

[scylla]

do days living with spouse outland count for applying citizenship?

No - they do not.

 

[benitaagogo]

No - they do not.

Thank you! As long as that still meets PR criteria I'm ok )

 

[sayantan]

Hello Friends,
I received my PR on 3rd August 2016 and i left the country on 3rd oct 2016. I will be returning on July 31st 2017.I have my PR card. I wanted to know is ts okay if i am returning within July. Or will there be an issue. I just saw on my CIC profile that my COPR and counterfoil has expired.

 

[Hot2Cold]

Hello Friends,
I received my PR on 3rd August 2016 and i left the country on 3rd oct 2016. I will be returning on July 31st 2017.I have my PR card. I wanted to know is ts okay if i am returning within July. Or will there be an issue. I just saw on my CIC profile that my COPR and counterfoil has expired.

You will have no issues at all. Since this is your 1st 5 year period, you will have to make up the 730 days Residency Obligation by 2nd August 2021. You are clearly within that time frame.

The COPR validity has no effect as that is the date within which you had to make the first landing, which you already have done on 3rd AAugust 2016.