preserving PR status

[azul]

Hi , I did landing Feb 5th , 2010 in Calgary Airport, got PR card valid until Mars 2015. At point of entry the Immigration officer gave me a paper with my rights and obligations . Among other things it said : " to preserve your PR status you must be physically present in Canada for 730 days and YOU MAY LOSE YOUR PR STATUS IF YOU GONE OUT OF CANADA FOR MORE THAN 730 DAYS IN THE 5 YEAR PERIOD. I understand that I will be allowed to saty out of Canada up to three years providing I still have days to comply the 730 days in requirement.
Now I am afraid of losing my PR status since I plan to stay out of Canada for about 950 days. Has anyone got similar information at point of entry ?? To make things worst from Argentinian Embassy (where I aplied) sent me a mail stating the same thing ( not more than 730 days out to preserve the status ) Help !

 

[SATDXB]

Hi , I did landing Feb 5th , 2010 in Calgary Airport, got PR card valid until Mars 2015. At point of entry the Immigration officer gave me a paper with my rights and obligations . Among other things it said : " to preserve your PR status you must be physically present in Canada for 730 days and YOU MAY LOSE YOUR PR STATUS IF YOU GONE OUT OF CANADA FOR MORE THAN 730 DAYS IN THE 5 YEAR PERIOD. I understand that I will be allowed to saty out of Canada up to three years providing I still have days to comply the 730 days in requirement.
Now I am afraid of losing my PR status since I plan to stay out of Canada for about 950 days. Has anyone got similar information at point of entry ?? To make things worst from Argentinian Embassy (where I aplied) sent me a mail stating the same thing ( not more than 730 days out to preserve the status ) Help !

Hi, thats TRUE ..!!

So please try to be in Canada for 730 Days, else you will loose your PR status and will have to apply a new application.


Cheers..

 

[Leon]

If you look at the application to renew your PR card, you will see that if you spend 1095 days or more outside Canada, they ask you to explain your absences. If you spend less time outside Canada, there is no problem.

 

[Dstorm]

Hi,

i just read this post and wanted to seek clarification about similar matters

I got became PR on 11 March 2010 stayed till 21 April 2010, and received a PR card that is valid till 15 april 2015. I have been out of canada till date and plan to return permanently to canada by 31 August 2012.

1) Re-Entry to Canada - Will i be allowed to enter canada without any problem since i will still have time to accumulate 730 days till expiry of PR?

2) Citizenship - After accumulating 2 years (730 days) of stay in Canada, when i Renew my PR card, do i again have to stay 3 more years (1095 days) on the new PR to apply for citizenship or will the 730 days in canada on my first PR also be counted?

Really Really Appreciate your help in clarifying this in i have got vague / unclear information from other posts.

 

[Leon]

1) Re-Entry to Canada - Will i be allowed to enter canada without any problem since i will still have time to accumulate 730 days till expiry of PR?

2) Citizenship - After accumulating 2 years (730 days) of stay in Canada, when i Renew my PR card, do i again have to stay 3 more years (1095 days) on the new PR to apply for citizenship or will the 730 days in canada on my first PR also be counted?

1) Yes, no problem.

2) It is not tied to the PR card period so as soon as you have 1095 days within 4 years, you can apply.

 

[lhene]

Hello,

I just read the inquiries and responses regarding preserving PR status in Canada. I am in a similar situation. I landed in Winnipeg, Manitoba on 10/20/10 as Provincial Nominee - Prinicipal Applicant from the US & my son who is my dependent landed from Manila on the same day. I went back to the US after 7 days because of my job & left my 26 year old son with my sister (Canadian citizen). I returned to Winnipeg on 12/22/10, received my PR card in January 2011 & stayed until 04/09/11. I flew back to the US on 04/10/11 to continue working in my current job. Again, I went back to Winnipeg on 07/26/11 & stayed until 08/30/11 then flew back to the US on 08/31/11. I use my US Advance Parole visa to go back & forth US & Canada. On 08/31/11, the US officer at the border saw the stamped Canadian visa & landed date 10/20/10 on my passport & advised that I cannot live in 2 places so the lady officer told me that she may report my situation to Canada Immigration. If the officer reported my status, I'm afraid when I go back to Winnipeg in January 2012 that my PR card will be revoked. I am waiting for my US green card which I will obtain within 6-12 months. I cannot afford to give up my US job right now because my husband & I are still supporting our other 2 sons in Manila until they get to Canada in 2-3 years through the Provincial Nominee Program. My son stayed in Winnipeg (currently working at Fort Garry Hotel) & never left the country so it will be his 1 year anniversary on 10/20/11 as permanent resident. If my PR gets revoked or asked to give up my Canadian residency, will my son's residency be affected since I am the Principal Applicant & I became a resident thru the Provincial Nominee Program? Also my Canadian citizen sister nominated me, will she be black-listed to nominate future relatives to come to Canada? Please help!!!

 

[scylla]

1) Your son's status is not in jeopardy.

2) The US immigration official doesn't know what she's talking about when it comes to retaining Canadian PR status. You landed less than a year ago and your PR status is not in jeopardy. And as long as you live in Canada for 730 days out of every rolling five years - you'll be fine. The US rules are different and you can put your Green Card at risk if you're out of the country for more than six month. These rules do not apply to Canadian PR status. Having said that, your situations will likely become more complicated once you have a Green Card (i.e. it will be difficult to meet the residency requirements for both PR and Green Card at the same time).

 

[lhene]

Thanks Scylla for replying. To complete my 730 days residency requirement, I plan to stay in Canada 5 months each year which will total 25 months or about 750 days. I can take two trips of 3 months then 2 months or 3 trips of 2 months, 1 month, 2 months in each year so I will not be out of the US for 5 months straight when I get my green card. It will be very expensive but it is the best set up I know that will not affect my Canadian PR & US Green card. My husband & I are both working here in the US & are weighing our situation since he already got his US green card. We have completed our first 5 months so we are down to 20 months.

If the Canadian Immigration finds out that I am working in the US & I am a permanent resident living outside Canada, will I be obligated to pay taxes in Canada for working in the US?

 

[Leon]

If you spend less than 6 months a year in Canada, do not own a home in Canada and do not work in Canada, you don't have to pay tax.

 

[azul]

Leon , thanks for your reply. I have read carefully the act and I was pretty sure that the information they gave me at point of entry was incorrect. I can´t believe it , I thought Canada authorities had more control on the immigration officers. I am relief now.