Minimum amount of time in Canada to renew my PR Card

[jhaprade]

Hello,

I got my PR card in September 2010 which is Valid till September 2015. However since October 2011 I have been living outside Canada for work related issues. Can anyone please tell me what is the minimum amount of time I need to have spent in Canada before September 2015 for me to be able to renew my PR in Canada in 2015?

Thanks

 

[Leon]

If you look at the PR renewal application forms at http://www.cic.gc.ca/english/information/applications/prcard.asp it asks if you have been outside Canada for 1095 days or more in your first 5 years as a PR or since you landed if you have not been a PR for 5 years yet.

If you have, they may consider other factors like having been posted to a job outside Canada full time by a Canadian employer or if you are married to a PR who has been posted to an overseas job or if you are married to a citizen. Outside of that, you may have a humane and compassionate component.

However, work related issues if you were not posted to a job outside Canada by a Canadian employer would not be considered.

The maximum time you can therefore be outside Canada in your first 5 years as a PR and any rolling 5 year period after that is 1094 days.

If you use up your 1094 days in one stretch, you must stay in Canada for the next 2 years to make up for it to continue to meet the residency obligation for the next rolling period of 5 years. After that, you could leave again for up to 3 years, stay in Canada for 2 again etc.

 

[jhaprade]

Thanks for the detailed reply. That helps a lot. I have one more question.

What does it mean to be living in Canada? Is it the immigration day on my passport that which day I left Canada and when did I enter back again? Or is it having a residence address in Canada? If I rent a house, while living in another country, and start paying rent legally and everything, will I considered to be living in Canada even though physically I am living outside?

Thanks again!!

 

[Leon]

It is not a question of living in Canada. It is a simple question of inside or outside.

It would be possible for you to meet the residency requirements by making many short trips to Canada without living in Canada as long as you can prove your stays. You can however not meet them by simply buying or renting a house and then staying outside.

 

[scylla]

Or is it having a residence address in Canada? If I rent a house, while living in another country, and start paying rent legally and everything, will I considered to be living in Canada even though physically I am living outside?

You must be physically living in Canada. No - having a residence in Canada doesn't count. You need to be physically present for it to count.

 

[Msafiri]

....What does it mean to be living in Canada? Is it the immigration day on my passport that which day I left Canada and when did I enter back again? .....

It means you are physically present in Canada for a complete day or part of a day for the PR Residence Obligation.

.....Or is it having a residence address in Canada? If I rent a house, while living in another country, and start paying rent legally and everything, will I considered to be living in Canada even though physically I am living outside?....

Sorry no dice - Canada doesn't have a rent a residence immigration class you need to be physically present and be able to prove it if required by CIC...but Canadian Revenue would deem your plans as having ties for tax purposes...the Feds have it covered!

 

[jhaprade]

I have a question. To summarize,

1) I came to Canada on a student permit on 11th September, 2005.
2) I became a PR on 22nd September, 2010 (my PRship is valid until 21st September, 2015)
3) I left Canada for 2 years and 9 months in October 2011.
4) I came back and live in Canada presently. According to my calculations, I can only leave Canada for 30 days till 21st September, 2015, so that my number of days outside Canada don't exceed 1094 during the 5 year of my PRship and I can reapply again for a PR.

In my calculations, I completely disregarded the days in Canada that I have spent before I became a PR. Do those days also count in calculating if I am eligible for a PR renewal?

(I am asking this to find out if I can leave Canada for more than 30 days from now to September 21st, 2015)

 

[steaky]

I can reapply again for a PR.

You don't reapply again until you officially lose or give up your PR status.

 

[jhaprade]

Sorry, wrong selection of words I guess. I meant, renew my PRship.

 

[Leon]

I have a question. To summarize,

1) I came to Canada on a student permit on 11th September, 2005.
2) I became a PR on 22nd September, 2010 (my PRship is valid until 21st September, 2015)
3) I left Canada for 2 years and 9 months in October 2011.
4) I came back and live in Canada presently. According to my calculations, I can only leave Canada for 30 days till 21st September, 2015, so that my number of days outside Canada don't exceed 1094 during the 5 year of my PRship and I can reapply again for a PR.

In my calculations, I completely disregarded the days in Canada that I have spent before I became a PR. Do those days also count in calculating if I am eligible for a PR renewal?

(I am asking this to find out if I can leave Canada for more than 30 days from now to September 21st, 2015)

I suppose you mean PR card? Your PR status is not directly linked to the expiry dates of the card. You do however need to meet the RO (residency obligation) of not being outside Canada for more than 1094 days in any rolling 5 year period after landing as a PR.

As you are allowed to be outside Canada for up to 3 years and still keep your PR, if you were only outside for 2 years and 9 months so far, you still have 3 months left. However, if your 2 yr. and 9 months absence was not your only one and you also had shorter trips of 2 months combined, your calculations would be correct and you would not be safe leaving for more than 30 days. If you do, it is possible that you are able to enter Canada without getting reported and in that case, you could wait until you meet the RO again and then apply, even if it means that your card will expire in the meantime. However, nobody can guarantee that you will not get reported so that is the risk you take. I would recommend that you meet the RO rather than risk your PR status.

Time spent in Canada before getting PR does not count towards the RO. Besides, as the first 5 year period in which you have to meet the RO is from your landing date until 5 years later, you would not be able to count that time anyway because it would at that point be more than 5 years ago and therefore outside the window of the past 5 years.