How many days, PR holder can live outside Canada ?

[chiri9]

Hi all,
i got PR status in family class on april, 2009 after finishing all require formalities we came togather to india.
we cant go again before april, 2010 so my few friends told me that you cant live outside canada more than 6 month, after getting PR you can stay not more than 6 month outside canada, is this true ? but really i also dont find this from anywhere, i visited somany websites and talk to somany people regarding this, i am getting that, once you get PR, you can live outside canada any time but for maintaining PR status you have to stay there 2 year in each 5 year and to get citizonship you have to stay 3 year.
this is what i am getting answer from most of the people, websites but nowhere found this about, 'pr can not stay more than 6 month outside canada', if anybody has concrit ans. pls let me know, s early s possible.

 

[Leon]

The old rules from before 2002 or 2003 said you had to stay in Canada 6 months out of every 12. The rules they have now say 1095 days (3 years) maximum outside Canada in any 5 year period.

 

[BS 6353]

Dearv Leon

What happens if someone remain out side Canada for more than 3 years in a period of 5 years.Will he loose his PR status?

 

[Leon]

He will lose his PR status if immigration catches him. When he comes back to Canada after 3+ years away, immigration can ask him to prove that he has not been gone more than 1095 days in his first 5 years as a PR. If he can't prove it, they can take his PR. The second chance to catch him is when he applies to renew his PR card. If he signs a PR card application stating that he was outside Canada more than 3 years, they can take his PR. If he lies and they catch him, he might be in even more trouble. There is a possibility that somebody who doesn't meet the residency requirements will be allowed to keep it for humane and compassionate reasons, for example if all their family is in Canada.

If he gets into Canada without immigration taking notice of him or asking him to prove his status, he should stay in Canada for 2 full years without leaving, let his PR card expire and only apply for a new one after the 2 years because then he will meet the residency requirements again.

 

[AlbertaGovernor]

Leon,

Can you please provide some examples of humane and compasionate grounds where a person will be allowed to maintain PR even if he does not live in canada for 3 years during the PR.

 

[Leon]

There was a member on this board who was under the impression that his PR was protected because he was working for a Canadian company overseas. It turned out that the company did not meet the requirements to count as a Canadian company overseas and his PR was not protected. After he came back to Canada and tried to renew his PR card, he was called in for an interview and given a serious talk about it but in the end they let him keep his PR because of his wife and kids having PR and living in Canada. Otherwise, his wife would just have sponsored him again anyway. This is the only specific case I know of but at http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf you can read the operational manual for PR residency requirements. It goes into H&C reasons in section 5.4, page 9. If they give the option of applying with H&C reasons, I am sure there are some cases where they approve them.