Maximum time allowed outside Canada as PR

[nawahdah]

Dear All,

I got my PR in March 1st, 2010 (The landing time)...
I stayed in Canada for 1 month and during that month I received a PhD scholarship to Japan for 3 years...
So at that time I did the calculation and I found that I can accept the scholarship and keep my PR status valid... ;D

I will complete my PhD in March 1st, 2013... this gives me a 1 month time to stay outside Canada (which I am plan to go and visit my parents in Palestine)...

Any way, one of my friends told me that there is/was a law says that if you go outside Canada for higher education purposes, this time will be calculated as if you were in Canada .... any one has any information about this matter????


Thanks a lot in advance,

 

[PMM]

Hi

Dear All,

I got my PR in March 1st, 2010 (The landing time)...
I stayed in Canada for 1 month and during that month I received a PhD scholarship to Japan for 3 years...
So at that time I did the calculation and I found that I can accept the scholarship and keep my PR status valid... ;D

I will complete my PhD in March 1st, 2013... this gives me a 1 month time to stay outside Canada (which I am plan to go and visit my parents in Palestine)...

Any way, one of my friends told me that there is/was a law says that if you go outside Canada for higher education purposes, this time will be calculated as if you were in Canada .... any one has any information about this matter????


Thanks a lot in advance,

Your friend doesn't know what s/he is talking about. You know that you will have to remain in Canada for 2 years without a break to maintain your PR.

 

[Msafiri]

Dear All,

I got my PR in March 1st, 2010 (The landing time)...
I stayed in Canada for 1 month and during that month I received a PhD scholarship to Japan for 3 years...
So at that time I did the calculation and I found that I can accept the scholarship and keep my PR status valid... ;D

I will complete my PhD in March 1st, 2013... this gives me a 1 month time to stay outside Canada (which I am plan to go and visit my parents in Palestine)...

Any way, one of my friends told me that there is/was a law says that if you go outside Canada for higher education purposes, this time will be calculated as if you were in Canada .... any one has any information about this matter????


Thanks a lot in advance,

Congrats on the scolarship.

It seems you friend is talking about citizenship applications which require 3 years (1095 days) residence in the 4 year prior to the application date.

As the Citizenship Act doesn't define residence as physical presence some applicants apply on the basis that absences from Canada will in some cases not impact on residence for Citizenship applications. The leading case law on this is from the 70's when an applicant was approved despite studying in the US for almost the entire qualifying residence period. This type of case is one where an applicant centralizes their mode of living in Canada. It usually applies to those who due to the nature of say their employment e.g. a truck driver will have real challenges attaining 1095 physical days.

CIC is increasingly deeming residence to be physical presence (as they really should) and are appealing many centralized mode of living citizenship grants. In any case you never established residence in Canada in the first place as per case law leaving after 1 month so the centralized mode aspect doesn't apply.

Applicants without the 1095 days physical presence get placed in the Residence Questionnaire/ see a Citizenship Judge list...this will add 12-18 months to the current 21 month processing timeline for 80% of routine (read 1095 physical days) applications.

In summary ignore what your friend said - ensure you have 730 days of physical presence for PR renewal and 1095 physical days for citizenship application. You don't need a valid PR Card to remain in Canada so don't apply early if you don't have the 730 days on the date the PR Card expires.

 

[nawahdah]

I found that this was correct for higher education (PhD)... but in 1996 this was canceled...