PR Status - out of country and worried to lose status

[MeliB]

I am currently in the US. I am a Canadian Permanent resident. I landed a long time ago and just recently applied for Canadian Citizenship. I moved to US for my work and now I am here applying for a marriage license because I met my partner here. I have been in the US since July 2011 (in and out). I know I have 3 years to be out of the country out of every 5 years. I am worried that I might lose my PR status if I am here longer than 1 more year.


If I have recently applied for citizenship - will that stop time ticking (as in the three years) once the application begins to be processed? or does my time away continue to count until I am sworn in?


M

 

[MeliB]

Can folks see this post? I haven't heard from anyone yet. Thanks!

 

[Leon]

It will not stop time ticking that you have applied for citizenship. If you end up losing your PR due to not meeting the residency obligation, you will not be able to get citizenship.

 

[MeliB]

So what is the best course of action in your opinion? My family lives in Canada (sister, brother, mother). If for whatever reason I need to move back, this seems terrible. But I love my partner and it will take 1 year if I wait for our marriage certificate from out of the country.

 

[OKK]

as Leon said in a earlier post the time will not stop ticking and you will not qualify for citizenship unless you meet the minimum residence requirement.

So the choice is either Canada or USA. Take your pick and stick to that option. Your case is screaming for a RQ anyhow. Good Luck

 

[Leon]

That's right. Immigration is likely to ask for an RQ if you have been in the US a lot before applying and surely that can add a couple of years to your processing time.

If you want to keep your PR and at some point hope to get citizenship, you need to move back to Canada while you still meet the PR residency obligation. You can sponsor your husband to Canada but you must be residing in Canada already in order to do that. If you want to do this, you should think of moving back now and sponsoring him outland. That way, because you still haven't spent 3 years outside, you could still sneak a visit here and there to go see him and surely he can also visit you. If you do this, you will at some point get your Canadian citizenship and your husband can keep his PR forever as long as he is living with you even if you both later move back to the US.

If you would rather live in the US, you should concentrate on that, forget the PR and have your husband sponsor you for a green card.