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Question - Travel while waiting for PR card

katia23

Full Member
Mar 20, 2014
35
0
USA
Category........
Visa Office......
Colombia
Job Offer........
Pre-Assessed..
App. Filed.......
22-04-15
Doc's Request.
08-10 -15
AOR Received.
22-06-15
File Transfer...
10-06-15
Med's Done....
31-01-15
Passport Req..
13-01-16
VISA ISSUED...
20-01-16
LANDED..........
29-01-16
I have been reading about this situation and I found this information in the government websites.

1st. http://www.cic.gc.ca/english/newcomers/about-pr.asp

Time spent living in Canada
When you are a permanent resident, you can live outside of Canada, but must live in Canada for at least two years in a five-year period. If you live outside of Canada for longer, you may lose your permanent resident status.

For more information on how long you have to live in Canada, see Appendix A: Residency obligation of the PR card application package.

Later in that Appendix A , it talks about different situations

2nd website for the Appendix A. http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA


Situation 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Evidence required

You must provide supporting documents to prove that:

The person you are accompanying is a Canadian citizen; and
You are the spouse, common-law partner or child of that person.


I "live" with my husband on weekends, every single weekend so we should be fine , I think. right?
 

Ponga

VIP Member
Oct 22, 2013
10,419
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Job Offer........
Pre-Assessed..
katia23 said:
I have been reading about this situation and I found this information in the government websites.

1st. http://www.cic.gc.ca/english/newcomers/about-pr.asp

Time spent living in Canada
When you are a permanent resident, you can live outside of Canada, but must live in Canada for at least two years in a five-year period. If you live outside of Canada for longer, you may lose your permanent resident status.

For more information on how long you have to live in Canada, see Appendix A: Residency obligation of the PR card application package.

Later in that Appendix A , it talks about different situations

2nd website for the Appendix A. http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA


Situation 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Evidence required

You must provide supporting documents to prove that:

The person you are accompanying is a Canadian citizen; and
You are the spouse, common-law partner or child of that person.


I "live" with my husband on weekends, every single weekend so we should be fine , I think. right?
Not sure why you posted this in this thread, but...

If what you're saying is that you only live with your husband on weekends, outside of Canada (U.S. I assume)...that wouldn't equal 730 days (2 years) in five years, would it.
 

katia23

Full Member
Mar 20, 2014
35
0
USA
Category........
Visa Office......
Colombia
Job Offer........
Pre-Assessed..
App. Filed.......
22-04-15
Doc's Request.
08-10 -15
AOR Received.
22-06-15
File Transfer...
10-06-15
Med's Done....
31-01-15
Passport Req..
13-01-16
VISA ISSUED...
20-01-16
LANDED..........
29-01-16
Ponga said:
Not sure why you posted this in this thread, but...

If what you're saying is that you only live with your husband on weekends, outside of Canada (U.S. I assume)...that wouldn't equal 730 days (2 years) in five years, would it.
I posted here because of a question I did before here if you look early in previous posts under this topic.
I won't be doing that for 2 years. I just got my passport requested for PR visa and I would be doing the official landing in Canada in January 31st. The thing is that I can not live in Canada immediately, I study in US and I have 1 semester left. I will be moving to Canada in August permanently. So during this semester, I will land in 01/31/15 and come back to US. I was worried that because I don't move immediately I could lose the PR status and process. Rob_T suggested that I was at risk if I try to do this, but after reading online in the canadian websites, I think it is possible what I plan to do.
 

Ponga

VIP Member
Oct 22, 2013
10,419
1,469
Job Offer........
Pre-Assessed..
katia23 said:
I posted here because of a question I did before here if you look early in previous posts under this topic.
I won't be doing that for 2 years. I just got my passport requested for PR visa and I would be doing the official landing in Canada in January 31st. The thing is that I can not live in Canada immediately, I study in US and I have 1 semester left. I will be moving to Canada in August permanently. So during this semester, I will land in 01/31/15 and come back to US. I was worried that because I don't move immediately I could lose the PR status and process. Rob_T suggested that I was at risk if I try to do this, but after reading online in the canadian websites, I think it is possible what I plan to do.
Rob_TO initially warned you of the possible problems, but then told you that you should be fine.

Why are you still looking for an answer?


If you do not have Condition:51 on your CoPR, you do NOT have to actually live with your spouse. If you only plan to remain in the U.S. until August, you will have plenty of time to fulfill the 730 day residency obligation to maintain your PR, so...I don't see where the problem would be.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
katia23 said:
Rob_T suggested that I was at risk if I try to do this, but after reading online in the canadian websites, I think it is possible what I plan to do.
I said it was only a risk when you actually do your landing, if the CBSA officer is really picky and doesn't let you land as a PR since you don't intend to move to Canada right away. This is why I mentioned to leave out the part about moving immediately back to the US to finish school. Make sure you have a Canadian address that you will confirm for the CBSA officer upon landing that your PR card will be mailed to.

Once you've successfully landed as a PR, then you are completely in the clear (as long as you don't get Condition 51 on your COPR). You can then live for up to 3 years outside Canada without it affecting your residency obligation.
 

katia23

Full Member
Mar 20, 2014
35
0
USA
Category........
Visa Office......
Colombia
Job Offer........
Pre-Assessed..
App. Filed.......
22-04-15
Doc's Request.
08-10 -15
AOR Received.
22-06-15
File Transfer...
10-06-15
Med's Done....
31-01-15
Passport Req..
13-01-16
VISA ISSUED...
20-01-16
LANDED..........
29-01-16
Ponga said:
Rob_TO initially warned you of the possible problems, but then told you that you should be fine.

Why are you still looking for an answer?
Well I think Rob_T replied well to this answer. Sorry if I post too much.

So when there is risk imply, I like to gather as much information as I can. You know, my study/life/future depends on it.
I think to be accurately informed is important. That is all. I posted what I found in the website because I needed reassurance that what I will do is fine and that I understood well what the website says ( yes I am a very insecure person :(). It can also help others that can have a similar case in the future :)

Thanks again Rob_T

Best!