PR and time outside Canada questions

[HarkiranKaur]

I understand that in any 5 year period the PR holder has to be in Canada for 2 of the 5 years (cumulative) and can be outside Canada for up to 3 years of that 5 (cumulative). Meaning 720 days of the 5 years must be inside Canada and no more than 1095 outside Canada to eligible to renew the PR card. That's how it reads.

However my husband and I plan to go back and forth between India and Canada. I am a full Canadian Citizen by birth. We'd go 6 months / 6 months continuously. I have read that as long as the PR holder is outside Canada WITH the Canadian Citizen (i.e. a child PR with a Canadian Citizen Parent, or PR holder with their Canadian Citizen spouse.) then that time spent outside Canada is still considered as part of the 720 days?? Just because on the off occasion that he has to stay longer than the 6 months to finish up some business. Its only the time outside Canada WITHOUT me being with him that counts towards time against his PR. Is this correct?? I am sure I read that vacations etc along WITH the full Canadian citizen spouse / sponsor, does not count against time in Canada when it comes to the PR 'time in Canada' requirements.

Our plans were always to go back and forth because we have family on both sides, and I am retiring soon from the military, and he does NGO stuff where he can work from either side over the net. Just don't want it to affect his PR after working so hard to get it.

 

[Mapleson]

There are two sets of criteria to be aware of: maintaining PR status and eligibility for citizen status.

The second is more restrictive:
"To be eligible for Canadian citizenship, you must have been physically present in Canada as a permanent resident for at least 1,460 days in the six years immediately before the date of your application. You must also have been physically present in Canada as a permanent resident for 183 days in each of four calendar years that are fully or partially within the six years immediately before the date of your application."

https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do


If you just want to preserve his PR status then it's 730 days total over 5 years.

"To preserve permanent residence the Immigration & Refugee Protection Regulations require a Canadian permanent resident to demonstrate physical residence inside Canada totalling 730 days (approximately two-years) over any five-year period."

"There are two instances however where a permanent resident card holder, providing prescribed linkages to Canada, can count days spent outside Canada towards the 730 day physical presence rule. First, it can occur where a permanent resident accompanies a Canadian citizen, seconded outside Canada who is their spouse, common-law partner or child and ordinarily resides with such individual and who is employed, on a full-time basis, by an approved Canadian business or with the public service of Canada or of a province."

"It can also occur where a permanent resident spends time outside Canada while employed on a full-time basis with a Canadian company, the federal government of Canada, or in public service on behalf of a province. In both of the above scenarios, the cumulative number of days spent by a permanent resident outside Canada can count towards the 730 day inside Canada physical residence requirement."

 

[canadianwoman]

So yes, time spent with you, a Canadian citizen, outside of Canada counts as part of his residency requirement to keep his PR status. It does not count as part of the requirement for citizenship.

 

[HarkiranKaur]

So yes, time spent with you, a Canadian citizen, outside of Canada counts as part of his residency requirement to keep his PR status. It does not count as part of the requirement for citizenship.

He wont give up Indian citizenship ever because that would mean losing his PR status in Kashmir. Kashmir is very restrictive on who can have status there to own land etc. So I will have hopefully OCI card for India (equivalent of PR) and he will have PR here but we plan to keep our original citizenships.

So when I go to India with him 6 months of each year, then it still counts because I am with him. So thats good news

 

[HarkiranKaur]

"To preserve permanent residence the Immigration & Refugee Protection Regulations require a Canadian permanent resident to demonstrate physical residence inside Canada totalling 730 days (approximately two-years) over any five-year period."

"There are two instances however where a permanent resident card holder, providing prescribed linkages to Canada, can count days spent outside Canada towards the 730 day physical presence rule. First, it can occur where a permanent resident accompanies a Canadian citizen, seconded outside Canada who is their spouse, common-law partner or child and ordinarily resides with such individual and who is employed, on a full-time basis, by an approved Canadian business or with the public service of Canada or of a province."

Thanks I remembered seeing it but couldn't find it on CIC website. That's what I was looking for! As long as I am with him in India, then it still counts as part of the time required in Canada for keeping his PR. We don't plan to get him citizenship as we want links in both countries to be able to go back and forth easily. If he loses Indian citizenship we both will need Visas every time to go there. It makes sense for us to each keep our respective citizenships for that reason. As long as we can have residence in both countries its fine.

I +1'd you thanks again!

 

[sarmi]

I was sponsored by my husband in 2015 and landed in Canada in 2015 May. I am married with him for last 20 years and we have two children, both are Canadian citizens. I was told that I have to live with my sponsor continuously for 2 years. However, I had to come back for some family reason after 11 months. My PR card is valid till 2020. My question is, can I go back to Canada anytime next year? Will they stop me at the port of entry? Or they may let me in?

 

[canadianwoman]

They should let you in.
Who told you you have to live with your husband for two years after becoming a PR? This is referring to a conditional PR, and if you have it, it should say 'Condition 51' on your card.
You should not have a conditional PR, because they are for PRs who were married for less than two years at the time the application was received, and who did not have any children together at that time.

 

[sarmi]

Thanks for your reply. I am at work now and dont have the PR card to check whether Conditional %! is written on it or not. However, when I entered, they told me uits conditional. And the pdocument they gave me for leeting me in was having the same lines that I ahve tol liove continuous;ly for two years. I was surprised as am married since 1996 and have two sons with my husband, who are Canadian citizens. I will go back todaty and check my card. In case %! is written, then should I send a mail to cic.gc.ca?

 

[canadianwoman]

The visa officer maybe made a mistake. You should not have received a conditional PR, from the sounds of it. I would just try entering Canada with it. It could be the border agent won't question you. I would bring proof of how long you have been married, and that you have children.
Your spouse could also try contacting his MP and asking for advice.

 

[sarmi]

Thanks Canadianwoman. I have checked my card, nothing like Condition 51 is written on the card itself. However, I distinctly remember the officer at airport told me to sign something and told me that I have to live continuously for two years with my husband. In case of conditional PR, is the words Condition 51 written ON the card?