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residency requirement clarifications.

Feb 13, 2007
18
0
HI all,

The immigration guide stipulates that residency as follows:

Permanent residents may leave and re-enter Canada as often as they wish, to settle their affairs or to travel,
as long as, at the time they re-enter Canada, they can prove that they have been physically present in Canada
for at least 730 days within the five years preceding the day they re-enter, if they have been permanent
residents for five years or more, or that they will be physically present in Canada for at least 730 days within
the five years immediately following the day they became permanent residents, if they have been permanent
residents for less than five years. Permanent residents outside Canada may also meet the residency
obligation if certain conditions apply.


Question is: Is the 730 days consecutive or is it a cumulative of the days in canada in a five year period. It's really important that I understand this difference.

My husband works in Europe. He works mainly in June, July, Sept and October of every year. That means that he'll be out of Canada in the first year that we are in Canada. Would he fail the residency requirement in year 1 because of the date of re-entry back into canada in year 1 would be november and assuming residency is ready for January... that's far short of the number of days required?

My apologies if I'm labour a point.. but I want to get it right.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

jtc_in_cumbria said:
HI all,

The immigration guide stipulates that residency as follows:

Permanent residents may leave and re-enter Canada as often as they wish, to settle their affairs or to travel,
as long as, at the time they re-enter Canada, they can prove that they have been physically present in Canada
for at least 730 days within the five years preceding the day they re-enter, if they have been permanent
residents for five years or more, or that they will be physically present in Canada for at least 730 days within
the five years immediately following the day they became permanent residents, if they have been permanent
residents for less than five years. Permanent residents outside Canada may also meet the residency
obligation if certain conditions apply.


Question is: Is the 730 days consecutive or is it a cumulative of the days in canada in a five year period. It's really important that I understand this difference.

My husband works in Europe. He works mainly in June, July, Sept and October of every year. That means that he'll be out of Canada in the first year that we are in Canada. Would he fail the residency requirement in year 1 because of the date of re-entry back into canada in year 1 would be november and assuming residency is ready for January... that's far short of the number of days required?

My apologies if I'm labour a point.. but I want to get it right.
I will explain again. You land 01/01/2006, between that date and 31/12/2010 you must reside for 730 days. So if you really wanted you could stay for 3 days then leave for 4 for the next 5 years continually and still maintain your PR status.

PMM