~~HOW LONG CAN I BE ABSENT FROM CANADA AFTER LANDING~~

[Donx]

Hi folks, I landed in feb, stayed for a month and completed all my landing processes. I returned to the UK to work and got all my documents and cards sent to me. I am contemplating how long I can stay in the UK for before I loose my status as I don't have a job in Canada but a very good job in the UK. Any advise is welcome. Cheers!!

 

[flashasif]

For the PR card to be valid you have to live three year in its 5 years validity...

It can be continuous or can be in parts but must be 3 year from 5 year which is the validity of ur PR card.

Tnx

AM

 

[Donx]

For the PR card to be valid you have to live three year in its 5 years validity...

It can be continuous or can be in parts but must be 3 year from 5 year which is the validity of ur PR card.

Tnx

AM

Flashasif, there is a 183 day rule.

The 183 Day Rule

Section 24(2) of the Immigration Act, states that:
Where a permanent resident is outside of Canada for more than one hundred and eighty-three days, in any twelve month period, that person shall be deemed to have abandoned Canada as his place of permanent residence unless the person satisfies an immigration officer or an adjudicator, as the case may be, that he did not intend to abandon Canada as his place of permanent residence.
Each time an immigrant returns to Canada, an immigration officer may examine the person to determine whether in the preceding 12 month period the immigrant was absent from Canada for a total of more than 183 days.


SO IT IS NOT THAT STRAIGHT FORWARD!

 

[scylla]

Flashasif, there is a 183 day rule.

The 183 Day Rule

Section 24(2) of the Immigration Act, states that:
Where a permanent resident is outside of Canada for more than one hundred and eighty-three days, in any twelve month period, that person shall be deemed to have abandoned Canada as his place of permanent residence unless the person satisfies an immigration officer or an adjudicator, as the case may be, that he did not intend to abandon Canada as his place of permanent residence.
Each time an immigrant returns to Canada, an immigration officer may examine the person to determine whether in the preceding 12 month period the immigrant was absent from Canada for a total of more than 183 days.


SO IT IS NOT THAT STRAIGHT FORWARD!

This is an old rule. It no longer exists.

 

[scylla]

For the PR card to be valid you have to live three year in its 5 years validity...

It can be continuous or can be in parts but must be 3 year from 5 year which is the validity of ur PR card.

Tnx

AM

Incorrect. To maintain your PR status, you must live in Canada for 2 years (730 days) out of every five rolling years. The five years have nothing to do with the validity of your PR card.

 

[explorer101]

Although the law says that 2 years stay out of 5 years is good enough to maintain PR status but the fact is that the immigration officer also considers the intention to maintain ties in Canada. I have seen people completing 2 years out of 5 years and still given the marching orders to leave Canada on the ground that the person do not intention to maintain ties in Canada.

 

[Donx]

This is an old rule. It no longer exists.

Can I please get a secondment that this is definitely an old rule. Thanks for bringing this up Scylla.

 

[Donx]

This is an old rule. It no longer exists.

Does anyone know about this rule? And does it still exist?

 

[RockinCanada]

Refer to the following:

http://www.cic.gc.ca/english/newcomers/about-pr.asp#keep_status

 

[ItsBeenLongNow]

http://www.cic.gc.ca/english/newcomers/about-pr.asp#keep_status


Keeping your permanent resident status

Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period.

For further information on residency obligations, please see Appendix A of Applying for a Permanent Resident Card.



http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Appendix A: Residency obligation
Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card.

If you have been a permanent resident for five (5) years or more

you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.

If you have been a permanent resident for less than five (5) years

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.

 

[emamabd]

I have seen people completing 2 years out of 5 years and still given the marching orders to leave Canada on the ground that the person do not intention to maintain ties in Canada.

this is interesting, can you give more details on the people that were ordered to leave even after fulfilling 2 years within a 5 year period?

 

[explorer101]

this is interesting, can you give more details on the people that were ordered to leave even after fulfilling 2 years within a 5 year period?

This happened with my friend's relative and relatives of some of my colleagues. This friend is on canadavisa.com but is not a active member. His relatives met the 2 years condition, then they applied for renewal of PR card and when they went to collect that PR card the officer refused to handover the new PR card. They were told that on scruitny CIC found out that they do not have any intention to maintain ties in Canada and were told to leave Canada giving them 30 days. The new PR card was in ready condition but was not handed over to them. Same thing happened with relatives of my colleagues.

 

[emamabd]

This happened with my friend's relative and relatives of some of my colleagues. This friend is on canadavisa.com but is not a active member. His relatives met the 2 years condition, then they applied for renewal of PR card and when they went to collect that PR card the officer refused to handover the new PR card. They were told that on scruitny CIC found out that they do not have any intention to maintain ties in Canada and were told to leave Canada giving them 30 days. The new PR card was in ready condition but was not handed over to them. Same thing happened with relatives of my colleagues.

thanks for sharing the case, i wonder how CIC concluded that they don't have the intention to remain in Canada, what were they doing during their 2 year stay? were they employed or studying?

I was actually planning to leave my family in my home country until i find a proper job in my professional field ..but after reading that story I'm having second thoughts

 

[explorer101]

thanks for sharing the case, i wonder how CIC concluded that they don't have the intention to remain in Canada, what were they doing during their 2 year stay? were they employed or studying?

They made several visits to Canada having short term stays and worked for some time. They met the 2 year old requirement in 5 years but it was seen by immigration officer that the visits were only to main PR status not to have permanent ties in Canada.
My spouse was warned 2 times at Pearson Airport as she was not mostly residing in Canada. She was made to give 2 reasons as to why she was not living in Canada, these reasons were documented. Each time she was held by immigration officer for almost 2 hours. These absences were in the 1st 2 years of her PR status. So, I would say 2 years out of 5 years stay in Canada is not the only consideration to maintain PR status.

 

[Donx]

They made several visits to Canada having short term stays and worked for some time. They met the 2 year old requirement in 5 years but it was seen by immigration officer that the visits were only to main PR status not to have permanent ties in Canada.
My spouse was warned 2 times at Pearson Airport as she was not mostly residing in Canada. She was made to give 2 reasons as to why she was not living in Canada, these reasons were documented. Each time she was held by immigration officer for almost 2 hours. These absences were in the 1st 2 years of her PR status. So, I would say 2 years out of 5 years stay in Canada is not the only consideration to maintain PR status.

Exactly my point, looks like2 yrs outa 5yrs is not that straightforward & as simply as that. Any other opposing or clarification on this?