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PR Status Obligations

tanigawa

Full Member
Jul 2, 2015
20
0
I have a similar question. I am a native-born Canadian citizen sponsoring my spouse. The Canadian economy is not looking too hot these days and we may end up living in her country over the long term since the economic prospects are much better. Of course I would still like her to have Canadian PR as we come back at some point. We have heard from an immigration consultant that after landing, she must spend the first two years in Canada, with me. After that we are free to live anywhere and time spent outside Canada will still count towards her residency obligation. Can anyone confirm or deny the 2-year requirement for spouses of a Canadian citizen?

Edit: to clarify, we will have been married less than 2 years at the time of application for PR, so it will initially be a conditional PR. What I am not clear about is whether we have to be living in Canada during the conditional period.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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tanigawa said:
We have heard from an immigration consultant that after landing, she must spend the first two years in Canada, with me. After that we are free to live anywhere and time spent outside Canada will still count towards her residency obligation. Can anyone confirm or deny the 2-year requirement for spouses of a Canadian citizen?
Don't ever go back to that immigration consultant. There is no requirement to live in Canada for two years after becoming a PR. Conditional PR requires a couple to cohabit for 2 years but there is no requirement that the cohabitation be in Canada.
 

tanigawa

Full Member
Jul 2, 2015
20
0
Thanks canuck,

That is some very valuable information. Knowing that we can go back to her country at any time without risking her PR status will make this a lot easier for us. And it also confirms my suspicion about the immigration consultant.
 

Vats

Champion Member
Feb 3, 2012
2,789
115
dpenabill said:
If you spend more than 1095 days abroad during the first five years following the day you landed, you will be in breach of the PR Residency Obligation and at risk for being adjudicated to be inadmissible, resulting in loss of PR status.

In your scenario you would be cutting it so close as to be putting yourselves at significant risk. Moreover, if you actually wait to return to Canada after being abroad exactly 1094 days (say), you could not leave Canada for more than two days in the next two years without breaching the PR RO. That is, even if you stayed in Canada for a full year, upon your return, if you left Canada for more than two days your presence in Canada will be less than 730 days within the preceding five years (as of that time, which is what counts). In particular, even if you apply for and are issued a new PR card within the first year after you return, if you leave again before spending a full two years in Canada you will be in breach of the PR RO.


Some (longer) explanation for the above:

Technically, you will be in compliance with the PR RO if you return to Canada at least the day before you have been abroad 1096 days. But if you cut it close to 1095 days remember that the burden of proving compliance is on YOU, so if CIC has any reason to question, to doubt, you were actually present in Canada some of the time you declare you have been present in Canada, that can be a problem.

Thus, applying for a PR card with less than 800 days of presence within the preceding five years risks CIC having questions, which should be for obvious reasons (such a person obviously has been spending more time outside Canada than in Canada, so for any time there is less than a clear showing of presence, it is readily inferred that the PR was outside Canada, since, after all, that has been where the PR usually has been). Thus, there is a risk CIC will refer the PR to Secondary Review, with a potential for a full-blown Residency Determination which would not only result in a long delay in processing the PR card application but will require the PR to document (including evidence of activity in Canada such as employment, filing taxes in Canada, and so on) the time present in Canada, again the burden of proving presence on the PR.

Moreover, as suggested above, there is a significant pitfall lurking in your scenario. Again technically, yes, if you have been in Canada 485 days following the date of landing, and you return to Canada in time to avoid being outside Canada more than 1095 days, you will be in compliance and eligible for a new PR card. (To apply for the new card you would not have to wait, until being present 245 days, since the days remaining until the fifth anniversary of landing still count as days toward compliance . . . right up to the day of the fifth year anniversary of the day you landed . . . not the date the PR card expires but the date that is exactly five years from the day you landed.)

But in this scenario you will not have more than 730 days presence counting toward compliance with the PR Residency Obligation until you have been in Canada, after your return, for at least two years. Remember, days more than five years previous drop out of the residency calculation.

So, if for example you are abroad exactly 1095 days before returning to Canada, once you reach the fifth year anniversary, for every day you remain in Canada after that you lose a day from that initial 485 days spent in Canada. That is, if you go abroad for 1095 days, the presence that counts toward compliance will remain at 730 for a full two years following the date you return. Possession of a newly issued PR card will not allow you travel abroad without slipping into a breach of the PR RO during those two years.



Note, to be clear, zardoz has it right about credit toward presence: PR child accompanying a Canadian citizen parent gets credit toward the PR RO while abroad . . . NOT the other way around . . . that is, there is NO credit for the PR parent who is living with a Canadian citizen child abroad.
Hi
Sorry I am try to interpret this and i feel

1) if you stay 730 days in 5 year and you are in Canada at end of 5th year you can renew your PR status
2) if you stay less but you come in Canada before 5th year end and stay for 730 days than you can renew PR status

am I right?

As I am in same situation I live here for 1 year still I am here for 6 months. than will return and don't know when can I come back. but I want to continue my status so I will plan accordingly to extend it by finishing total 730 days in Canada in 5 year and get my status renewed and than go back.

but again I found for second time renewal you need to stay 183 days each year for 5 year. pl clarify if I am wrong.
 

zardoz

VIP Member
Feb 2, 2013
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Vats said:
Hi
Sorry I am try to interpret this and i feel

1) if you stay 730 days in 5 year and you are in Canada at end of 5th year you can renew your PR status
2) if you stay less but you come in Canada before 5th year end and stay for 730 days than you can renew PR status

am I right?

As I am in same situation I live here for 1 year still I am here for 6 months. than will return and don't know when can I come back. but I want to continue my status so I will plan accordingly to extend it by finishing total 730 days in Canada in 5 year and get my status renewed and than go back.

but again I found for second time renewal you need to stay 183 days each year for 5 year. pl clarify if I am wrong.
There is no rule about 183 days for permanent residency obligation requirements.
 

Leon

VIP Member
Jun 13, 2008
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Vats said:
Hi
Sorry I am try to interpret this and i feel

1) if you stay 730 days in 5 year and you are in Canada at end of 5th year you can renew your PR status
2) if you stay less but you come in Canada before 5th year end and stay for 730 days than you can renew PR status

am I right?

As I am in same situation I live here for 1 year still I am here for 6 months. than will return and don't know when can I come back. but I want to continue my status so I will plan accordingly to extend it by finishing total 730 days in Canada in 5 year and get my status renewed and than go back.

but again I found for second time renewal you need to stay 183 days each year for 5 year. pl clarify if I am wrong.
1) is correct, if you meet the RO of 730 days in the past 5 years, you can renew your PR card.

2) depends on not getting caught when you enter and the rules not changing towards this loophole, that is, the rules say that if you manage to enter Canada even if you don't meet the RO and after that you manage to spend 730 days, your PR is again in good standing and you can renew. If you do get caught on entry though and reported for not meeting the RO, you could lose your PR because of that.

There is no 183 day rule for PR. There is for citizenship where for citizenship, you must have spent 4 out of the past 6 years or equivalent in days and you must have stayed 183 days or more in 4 calendar years.
 

New_PR_Holder

Newbie
Sep 3, 2015
2
0
zardoz said:
There is no rule about 183 days for permanent residency obligation requirements.
I just got my PR card in October 2014, I wanted to know how long can I stay outside Canada continuously without loosing my PR status? I heard that I can't be outside Canada for more than 6 month consecutively, is that true?
 

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
New_PR_Holder said:
I just got my PR card in October 2014, I wanted to know how long can I stay outside Canada continuously without loosing my PR status? I heard that I can't be outside Canada for more than 6 month consecutively, is that true?
No, it is not true. The maximum permitted time outside Canada is 1095 days within the first 5 years from the date of landing and from then on for 1095 days in the preceding 1825 days.