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need to maintain my PR 2 year obligation

funloving

Hero Member
Jun 19, 2010
514
185
Category........
PNP
Passport Req..
08-10-2013
VISA ISSUED...
12-11-2013
LANDED..........
06-03-2014
Hello All,

I am an Indian citizen having a PR for Alberta but never lived in Canada, was there for my landing for 3 days total. I got my card in March 2014. Now as I came to know that we need atleast 2 years out of 5 to have our PR maintained. My PR card expires in March 2019.

So here is the issue:
I was in the US for 10 years (on H1B) and moved to India last year August 2015 to join my family business. Now, I am getting into setting up a manufacturing unit in India. This unit will take a lot of effort from my side and I need to be present here. I also do not want to let go my PR of Canada.

Is there anyway I can do both things, maintain my PR and also be able to spend time in India on my factory?

Thanks in advance.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
funloving said:
Hello All,

I am an Indian citizen having a PR for Alberta but never lived in Canada, was there for my landing for 3 days total. I got my card in March 2014. Now as I came to know that we need atleast 2 years out of 5 to have our PR maintained. My PR card expires in March 2019.

So here is the issue:
I was in the US for 10 years (on H1B) and moved to India last year August 2015 to join my family business. Now, I am getting into setting up a manufacturing unit in India. This unit will take a lot of effort from my side and I need to be present here. I also do not want to let go my PR of Canada.

Is there anyway I can do both things, maintain my PR and also be able to spend time in India on my factory?

Thanks in advance.
In a word, no. You don't officially lose your PR status until you have it revoked, but this is likely to be initiated as soon as your residency obligation noncompliance is revealed. You should ensure that you spend at least 727 days in Canada before the 5th anniversary of the day that you landed as a PR. Ignore the date on the PR Card. It's irrelevant.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
funloving said:
Hello All,

I am an Indian citizen having a PR for Alberta but never lived in Canada, was there for my landing for 3 days total. I got my card in March 2014. Now as I came to know that we need atleast 2 years out of 5 to have our PR maintained. My PR card expires in March 2019.

So here is the issue:
I was in the US for 10 years (on H1B) and moved to India last year August 2015 to join my family business. Now, I am getting into setting up a manufacturing unit in India. This unit will take a lot of effort from my side and I need to be present here. I also do not want to let go my PR of Canada.

Is there anyway I can do both things, maintain my PR and also be able to spend time in India on my factory?

Thanks in advance.
Assuming you don't return to live in Canada anytime soon, you'll be in violation of the residency obligation starting March 2017. Anytime after this date, any entry into Canada could cause a report of your RO violation and subsequent revoking of PR status. As mentioned, the date on your PR card is not relevant to meeting the RO.

You need to choose what is more important to you, keeping PR status or running a business in India. Doesn't sound like you can do both.
 

funloving

Hero Member
Jun 19, 2010
514
185
Category........
PNP
Passport Req..
08-10-2013
VISA ISSUED...
12-11-2013
LANDED..........
06-03-2014
Thank you all for your valuable inputs. I read this on cic website:

"Time spent outside Canada may also count towards the two years if you are:

travelling with your spouse or partner who is a Canadian citizen,
a childFootnote 1 travelling with his or her father or mother who is a Canadian citizen,
an employee of (or under contract to) a Canadian business. "


I plan to start a firm and do trading activities from India and then move to India to take care of business. It will be a Canadian business having operations in India. Will this work?

Let me know,

Thanks .
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
funloving said:
I plan to start a firm and do trading activities from India and then move to India to take care of business. It will be a Canadian business having operations in India. Will this work?
No that will not work. This rule is meant for people that were hired by a Canadian company, and then sent to a temporary position outside of Canada.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
foodie69 said:
બે હાથમાં લાડુ હોવા
Exactly... The OP must make a choice.