Permanent Resident Status

[labse2004]

Hi good day; This is concern with my husband about his Permanent Resident Status. My husband and my daughter came here June,2019.
My husband will finish his job in the Philippines March 2024 and his PR card expire on June 2024.. He will come back here in Canada once a year for 3 to 4 weeks for vacation leave. Based on CIC law in order to maintain PR Status He must be present in Canada for 24months (2years). He cannot meet the 24 months stay in canada if he continues his job in the Philippines.Is there any problem if he will renew his PR card? Can his PR status revoke, void or lost? We need an advice if he will resign early to come here or can he continue his work without problem about coming back here and maintaining his permanent resident status. He is presently working in the Airforce for 17 years. What is the best thing to do? resigns now to avoid complication on his PR Status or take a finish his job in order to have his pension and come back here in Canada by 2024 for good.Thank u and have a nice day.

 

[expatgoingback]

"To maintain your status as a permanent resident, you must live in Canada for at least 2 years - 730 days - within a 5 year period. During this time you must be physically in Canada.

The two years do not need to be continuous. An officer can confirm if your time in Canada counts when you re-enter Canada, or apply for a permanent resident card."

 

[YVR123]

Another option is to renouce his PR eventually and assuming you are a PR/Canadian citizen and is living in Canada, you can sponsor him when he's ready to move to Canada.
Spending only a few weeks every year will not be able to maintain his RO and keep his PR status. He likely won't be able to renew PR card and btw... the 5 years counts from his landing date, not his PR card expiry date.

 

[labse2004]

addition question? if he take risk and finish his work and go back here and return to Canada 6 months prior of PR card and he only accumulated 5months stay in Canada.Is he going to allowed to enter in Canada? Is he going to be questioned?thank u

"To maintain your status as a permanent resident, you must live in Canada for at least 2 years - 730 days - within a 5 year period. During this time you must be physically in Canada.

The two years do not need to be continuous. An officer can confirm if your time in Canada counts when you re-enter Canada, or apply for a permanent resident card."

 

[armoured]

addition question? if he take risk and finish his work and go back here and return to Canada 6 months prior of PR card and he only accumulated 5months stay in Canada.Is he going to allowed to enter in Canada? Is he going to be questioned?thank u

You will find more detail and much discussion of this in the forum here "Permanent Residency Obligations".

https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

The short version of answer to your question above is that if he returns before expiry of PR card, he may get lucky and be let in with no issues or only a warning that he is out of compliance.

BUT: he may be issued a notice that he is not in compliance with residency obligation, and then the whole process of "reviewing" his compliance and possibly revoking his PR status (with the possibility of appeal, etc). He can remain in Canada during the period of review, appeal, etc. - but it can end with the PR status being revoked.

So he will be let in if he is a PR, and with a valid PR card he should be allowed on the plane. Whether he is just let in without any problems or a mild warning or the formal process is started, no-one can say in advance. (For someone much out of compliance instead of just a few days out, chances are higher the officer will decide to start the formal review process).

Of course as a spouse he could apply again after losing PR status (either due to process above or renouncing).

Note: because of the above there may be lots of additional complications, like it may not be feasible for him to travel back and forth to Canada easily while under review. Also even if he gets in "without problems", he will be at risk every time he crosses the border until he has the 730 days in Canada to be back in compliance, and he should not apply for a new PR card until he is in compliance (that would also likely trigger a review of his compliance). A lot of PRs seem to underestimate how much of a constraint this is. So other options may be preferable, you'll have to look into it.