Permanent Resident Residency Requirement

[xyz_123_abc]

Hi guys!

I am considering applying for permanent residency through express entry offshore, but I have some queries.

To retain permanent residency, I have required to stay in Canada for at least 2 years in every 5 years. Does this mean after I have become a Canadian permanent resident, if I leave Canada immediately to settle some unfinished businesses in my original place of abode and then move back to Canada 3 years later, by the time I re-enter Canada, will I violate the "2 years in every 5 years" requirement? However, at that time, I will have only become a Canadian permanent resident for 3 years and I can fulfill the residency requirement in the remaining 2 years.

Thanks in advance.

 

[Wolfpmd3]

Hi guys!

I am considering applying for permanent residency through express entry offshore, but I have some queries.

To retain permanent residency, I have required to stay in Canada for at least 2 years in every 5 years. Does this mean after I have become a Canadian permanent resident, if I leave Canada immediately to settle some unfinished businesses in my original place of abode and then move back to Canada 3 years later, by the time I re-enter Canada, will I violate the "2 years in every 5 years" requirement? However, at that time, I will have only become a Canadian permanent resident for 3 years and I can fulfill the residency requirement in the remaining 2 years.

Thanks in advance.

It means that in order to renew your PR after 5 years, you need to had been in Canada for 2 of those 5 years, or 730 days. That's the sole condition.

 

[Sydneyaccountant]

I don’t think there is any other requirement as long as you’re in the country for 2 years time period. It doesn’t have to be continuous.

 

[Islander216]

Hi guys!

I am considering applying for permanent residency through express entry offshore, but I have some queries.

To retain permanent residency, I have required to stay in Canada for at least 2 years in every 5 years. Does this mean after I have become a Canadian permanent resident, if I leave Canada immediately to settle some unfinished businesses in my original place of abode and then move back to Canada 3 years later, by the time I re-enter Canada, will I violate the "2 years in every 5 years" requirement? However, at that time, I will have only become a Canadian permanent resident for 3 years and I can fulfill the residency requirement in the remaining 2 years.

Thanks in advance.

Yes, you're correct, you can fulfill the requirement in the remaining 2 years.

However, i will caution you that many people get caught out in such situations because you should account for unexpected events and circumstances. If you're aiming to make it back on a knife edge of your residency obligations, if something delays your return you'll be in non-compliance.


Give yourself some leeway, i would say at least a year of buffer, so aim to be back in 2 years instead of exactly 3 years.

 

[xyz_123_abc]

Yes, you're correct, you can fulfill the requirement in the remaining 2 years.

However, i will caution you that many people get caught out in such situations because you should account for unexpected events and circumstances. If you're aiming to make it back on a knife edge of your residency obligations, if something delays your return you'll be in non-compliance.


Give yourself some leeway, i would say at least a year of buffer, so aim to be back in 2 years instead of exactly 3 years.

Thanks Islander216! I feel more assured now.

I was asking the question because I recently read from a website that the immigration officer in Canada will check how long a permanent resident has lived in Canada in the last 5 years whenever they arrive at a Canadian border checkpoint. It also mentioned that if the officer finds out a permanent resident has not lived in Canada for more than 2 years in the last 5 years (counting back from the day the officer checks the record), the resident will be in trouble. But I guess this case only applies to those who have become permanent residents for more than 5 years, but not in my case where I will only have become a permanent resident for 3 years. Am I right?

Thanks again.

 

[Wolfpmd3]

Thanks Islander216! I feel more assured now.

I was asking the question because I recently read from a website that the immigration officer in Canada will check how long a permanent resident has lived in Canada in the last 5 years whenever they arrive at a Canadian border checkpoint. It also mentioned that if the officer finds out a permanent resident has not lived in Canada for more than 2 years in the last 5 years (counting back from the day the officer checks the record), the resident will be in trouble. But I guess this case only applies to those who have become permanent residents for more than 5 years, but not in my case where I will only have become a permanent resident for 3 years. Am I right?

Thanks again.

If you won't have enough time to meet your obligations a removal order can be issued eventually. However, being a PR if you make it to the Port of Entry they must let you in the country.

 

[Islander216]

Thanks Islander216! I feel more assured now.

I was asking the question because I recently read from a website that the immigration officer in Canada will check how long a permanent resident has lived in Canada in the last 5 years whenever they arrive at a Canadian border checkpoint. It also mentioned that if the officer finds out a permanent resident has not lived in Canada for more than 2 years in the last 5 years (counting back from the day the officer checks the record), the resident will be in trouble. But I guess this case only applies to those who have become permanent residents for more than 5 years, but not in my case where I will only have become a permanent resident for 3 years. Am I right?

Thanks again.

Well, you should look at it this way, the officer doesn't necessarily need to wait for 5 years to assess your residency obligations. So if you enter Canada, and you have been outside of the country for more than 3 years immediately after landing, the officer knows you cannot fulfill your residency obligations in the time remaining in this 5 year period since you landed. So they can report you for non-compliance.

If you are outside for exactly 3 years or just less than 3 years, and you still have 2 years to complete your residency obligations you will be okay, and be able to renew your permanent residency for the next 5 year period.

But like i said, if you leave it too on the borderline you run the risk of something unexpected happening and you not being able to fulfill your RO by a measure of time. Then it's out of your hands.