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Ramacc

Newbie
Apr 23, 2014
3
0
Hi Group,

I have applied for my PR under CEC class in 2011 and became a PR holder in March 2012. Landed in Montreal from India in March 2012 and became a PR holder. I have stayed for a few days in canada once I became a PR holder and then came back to India. Now since 2012 April I am in India.

My PR card is valid for 5 years. I am now planning to come back to Canada, but there are a few things That i will have to complete before I leave India. I would like to know before when I can step back into the country. Please can any one let me know about this.

Thank you.
 
Ramacc said:
Hi Group,

I have applied for my PR under CEC class in 2011 and became a PR holder in March 2012. Landed in Montreal from India in March 2012 and became a PR holder. I have stayed for a few days in canada once I became a PR holder and then came back to India. Now since 2012 April I am in India.

My PR card is valid for 5 years. I am now planning to come back to Canada, but there are a few things That i will have to complete before I leave India. I would like to know before when I can step back into the country. Please can any one let me know about this.

Thank you.
You must not spend more than 1095 days outside Canada from the date that you LANDED. Ignore the PR card expiry date, as this is not used for checking if you have met the residency obligation. Based on this, you can easily calculate the date that you must return by, and how long you must remain in Canada to meet the RO.
 
Thank You Zardoz for the reply. That was helpful. Correction : Became PR holder in march 2013.
 
See it this way: March 2013, 2014, 2015, 2016, 2017, 2018

So now you have lived out of Canada for almost 1 year. The obligation is - you must live a total of 3 years (1095 days) inside Canada between March 2013 to March 2018. You have already spent 1 year out of Canada.

Now from March 2014 - 2018. You have 4 more years left on your Card (Approx). Out of this 4 years you must be inside Canada for 3 years.

So the answer to your question is: You can enter Canada around March 2015 and still be eligible. But my strong advice is, do not wait till 2015. Come to Canada as soon as you can and start fulfilling your residency obligation.
 
iamroth said:
The obligation is - you must live a total of 3 years (1095 days) inside Canada

This is wrong. Residency Obligation for PRs is 730 days inside Canada within the past 5 years. A person can spend 3 years outside of Canada before they must return in order to meet the RO.
 
canuck_in_uk said:
This is wrong. Residency Obligation for PRs is 730 days inside Canada within the past 5 years. A person can spend 3 years outside of Canada before they must return in order to meet the RO.

I guess you are right, I was thinking about citizenship requirements.
 
iamroth said:
I guess you are right, I was thinking about citizenship requirements.

FYI - citizenship requirement is 1095 days in four years (not five years). Of course that may be changing to 4 out of 6 years soon.
 
The 730 days rule is true, but as per CIC for new residents (< 5 years of PR) you should be able to prove that you can meet 730 days obligation. My understanding is, if you are able to show some kind of job/security that you can stay in Canada for the next 730 days, you should be fine. Please check this, I took it from CIC website.

Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card.

If you have been a permanent resident for five (5) years or more
you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.

If you have been a permanent resident for less than five (5) years
you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.
 
Thank You everyone for the replies guys..

90% I will be enterning Canada by end of this year. Will have to check for job with my old employer in Canada. Just incase Iam not able to leave India by end of this year, Entering into Canada sometime next year before March should not be an issue Correct?

Again I have become PR holder in March 2013.
 
cecstatchk said:
The 730 days rule is true, but as per CIC for new residents (< 5 years of PR) you should be able to prove that you can meet 730 days obligation. My understanding is, if you are able to show some kind of job/security that you can stay in Canada for the next 730 days, you should be fine. Please check this, I took it from CIC website.
-----8< snip >8-----
You don't have to prove that you WILL stay in Canada. You only have to have enough remaining days in the first five years (1825 days) that you COULD stay in Canada for the 730 days of physical residency. In other words, if you are outside Canada for 1090 days after the day you landed, you will still 735 days "in the bank". On this basis, you simply cannot fail the RO test. However, if you turn up at the border having been out for 1096 days, you only have 729 days "in the bank" and are therefor at risk of being reported. NB. This ONLY applies for the first 1825 days from your landing date. After that, there is no more "in the bank", ever... Think of it like a credit card, with 1825 days preloaded on it. Once your credit falls below 730 days, you are at risk.