How long will I be granted permanent residence for after staying in Canada for 2 years?

[punyinindia]

Hi all,

If I stay in Canada for 2 years (730 days) and then move outside to my home country, and come back after 3 years (completing the full 5 years for my PR card), is my permanent residence renewed for another 5 years in which I have to stay 2 years to maintain the new PR term? or is there any difference in my understanding? Can somebody please help me understand this?

 

[evdm]

Once you become a PR by landing you are a PR. This isn't affected by the expiry date on the card. The PR card is a travel document.

Think of it like a passport. I assume you are an Indian national? Just because your passport expired, it doesn't mean that you aren't Indian anymore. Being a Canadian PR is similar. Once you become a PR you remain a PR until such time that one of three things happens:

1. You become a Canadian Citizen
2. You voluntarily renounce (give up) your PR status
3. Your status is revoked

Official actions are required for each of these three steps. None is automatic.

In the situation you describe above, following the letter of the law you would not lose your PR status, however it would be wise to keep well-documented evidence of your time in Canada. You do run the risk of being reported once you enter Canada after being absent for so long, which would trigger a review of your time spent in Canada. You'll be let in to the country, but if you apply for a new PR card it may only be valid for 1 year while IRCC review your travel history and time-spent in Canada.

Once your initial 5 year period is done, a rolling window starts; meaning that you will have to satisfy the residency obligation going back 5 years from that date. So if you return to Canada after being absent for 3 years, it would be highly advisable to not leave Canada at all for the next 2 years again. This means no day trips to the US, no family visits abroad for weddings, funerals, etc. But this really only becomes an issue if you interact with IRCC. They won't really look at your file unless you ask something of them, for example apply for a new PR card, or ask to become a sponsor for someone else.

 

[punyinindia]

Thank you evdm... that was very helpful explaination. If you don't mind, may I ask how do you know this scenario so well

 

[evdm]

Thank you evdm... that was very helpful explaination. If you don't mind, may I ask how do you know this scenario so well

I have no personal experience with the scenario. I've read accounts here, and I also have an affinity with immigration law through my studies. That being said, I am not a lawyer so take anything I say with a grain of salt and seek proper counsel if you have questions.

 

[Bs65]

Plus of course all the information is available on the CIC website just have to do a lot of reading.

 

[Bondo2]

Sorry for piggy backing the thread but I have a somewhat similar/close situation. I landed in Canada in July 2015 and stayed only for 10 days (completed my PR card, SIN, bank account, driving license) and then left and never came back to the day. I plan to go back and stay next July (2018). My questions:
1. Would that be an issue ?
2. I understand if I stay from July 2018 for at least 730 days, I should be able to renew my PR card for another 5 years; correct ?
3. Would I be able to leave the country for home visits during the 2 years (2018-2020) as long as my PR card is still valid (without yet renewing the first time, which should be in 2020 or later)

 

[evdm]

1. Technically, no issue.
2. Technically, yes but probably not without scrutiny.
3. Probably not, any day not in Canada counts against you.

You must have 730 days in the first 5 year period from the date you landed. So to do the math, let's say you landed on July 1, 2015. Between July 1, 2015 and July 1, 2020 you will have to have been in Canada for 730 days. To date, you say you have only spent 10 days in Canada. Now in this hypothetical scenario let's say that you plan to return to Canada on July 10, 2018. There are 722 days between July 10, 2018 and July 1, 2020. Considering you still need 720 more (730-10) days to satisfy the residency obligation nothing can delay you for more than 2 days, nor should you leave Canada if you don't want to risk your PR.

Every time you cross the border there is a chance that the CBSA officer will check as to whether you are still able to meet the residency requirements for a 5-year period. What they will do is look at the date you became a PR and if it is less than 5 years ago, they will tally up all the days you've been in Canada till then and add the remaining days till July 2020 and if that total is less than 730 you run the risk of being reported. Once a report is issued you run the risk of having your status revoked.

With that being said, when you go to renew your PR card it is still very likely that there will be scrutiny of your time in Canada so be prepared to show plenty of proof that you have met the residency requirements. You don't need a valid PR card to be a PR, but without it you cannot easily travel to Canada by air.

The residency obligation is a condition of your PR. As soon as you pass the first 5 years the obligation still exists and all the days are counted going back 5 years from that date.

 

[Bondo2]

I am wondering how CBSA tracks the days in Canada when I have seen in other threads that people renewing their PR had been doubted when they used the entry/exit stamps as proof of being in Canada (which is the same record CBSA would have)

 

[Buletruck]

Remember, the onus is on you to prove you were in Canada. If IRCC has any doubt about time spent in Canada, it’s up to the applicant to provide the proof they were. It’s not simply a matter of saying you were and IRCC accepting that.

 

[Bondo2]

What type of proofs is good ?
Utility bills
Rent/lease
Credit card statements (with transactions)
Medication receipts
Car insurance receipts
Groceries receipts
...

 

[evdm]

I am wondering how CBSA tracks the days in Canada when I have seen in other threads that people renewing their PR had been doubted when they used the entry/exit stamps as proof of being in Canada (which is the same record CBSA would have)

I commented on another post of yours regarding the entry date. But as @Buletruck points out the onus is on you. IRCC and CBSA will not track it, but if they ask you to prove it, be prepared to show as much as possible to take away any doubt they may have.

All of the things you mention will be taken into consideration and can be used to show your presence in Canada. You have to make the case, and the more you can show the better. Income Tax filings can probably be added to that list as well. You have been granted PR to allow you to make Canada your home and contribute to Canadian society; it is a privilege. Do not take that for granted. Only meeting the "minimum" requirements will mean that you will have to show IRCC without a reasonable doubt that you are settling in Canada and have every intention to remain.

 

[Bondo2]

You have been granted PR to allow you to make Canada your home and contribute to Canadian society; it is a privilege. Do not take that for granted. Only meeting the "minimum" requirements will mean that you will have to show IRCC without a reasonable doubt that you are settling in Canada and have every intention to remain.

Really appreciate all the thoughts and help here. I am quoting new rules

Applicants were required to intend to continue to live in Canada if granted citizenship.
This provision is repealed. Applicants are no longer required to intend to continue to live in Canada once granted citizenship. This removes concerns from new Canadians who may need to live outside of Canada for work or personal reasons.

 

[evdm]

Really appreciate all the thoughts and help here. I am quoting new rules

That has to do with Citizenship, not Permanent Residence. Inapplicable for you at the moment.

You are still far from the stage of citizenship.

To be a PR you must be in Canada a bare minimum of 730 days out of every 5 year period. You are going to have to prove to IRCC that you meet this requirement and you will have to show them whatever proof you have to do this.

Given everything you have described about your case (thus far only 10 days in Canada since 2015) and your only intent to return close to the date required to satisfy the minimum requirements, I would say that it is highly likely that your application for a new PR card will include intense scrutiny. The process for you to renew your travel document will probably not be straightforward.

You can likely expect to receive the residency questionnaire, interviews with CIC, and you may even be rejected with steps taken to revoke your PR application which you will then have to appeal. Overall a lengthy process. Though you may be lucky and your application renewed without question. Who knows?!

That is why I am suggesting you do everything you can to show IRCC that you actually intend on living in Canada and that you're not just satisfying the minimum residency requirements to keep the benefits of PR; but actually have set up your life in Canada.

The burden of proof is on you. As a PR you have a right to be in Canada; but you don't have an absolute right to be a PR.

 

[Bondo2]

Thank you all again. I am in that situation anyway so I have to be very diligent during the 2+ years period after I return to Canada and before I apply for PR renewal.
I intend to work in Canada (as soon as I can) and send my children to schools and I hope this would be enough proof.

 

[Live life]

Can I check if the 730 days residency requirement applies to children under 18 years of age