RESIDENCY REQUIREMENTS criteria for traveling outside Canada

[javicanada]

Hello my name is Javier,I would really appreciate some help with my issue.

I am a landed immigrant with the skilled worker program. I landed in Canada in April 2009 in Vancouver, after few weeks I had to go back to my home country because i received a good job offer. Since that date, May 2009 I stayed out of Canada until July of 2012. My PR expires in April 2014. I came back to Canada in July of 2012 and the idea is that I want to stay and become a citizen Since my arrival I have travelled abroad, first to domincan republic for a week around august 2012 and then to Chile on a business trip in september 2012 for 3 weeks. In the second trip when returning from Chile I was stopped by the immigration official and I was questioned, he was not to polite and he remind me that unless I stay the 2 years out of 5 I would loose my PR status. I was very scared but he didnt report me or anything he just warned me i guess. I have now settle in Mississauga I have purchased a condo and I am actively looking for a job in my field or thinking about stablishing a business,like a franchise. My question is the following. I have to attend my brothers wedding in July, I am afraid to leave Canada and when coming back be stopped and be reported and ask to leave after 30 days because I obviously dont meet the residency requirements until the day my PR expires, i will be short of days. So, can u tell me if I should travel? I want to know whats the CIBS criteria to revoke the PR. because I have property here I am sure I will be working or owning a business by then. But i am afraid of being stopped and have to rush and sell my condo and/or business. That also makes me wonder if investing is secure because if I invest and then have to leave Canada. please help....

 

[scylla]

To maintain PR status, you must live in Canada two out of every five rolling years. If you meet this requirement then you can retain your PR status.

 

[Leon]

If immigration was keeping better records of peoples whereabouts, you would have lost your PR already for being outside Canada for more than 3 years between May 2009 and July 2012.

You were lucky that you were not reported yet and each time you travel, you take another risk that it will happen.

If you do get reported, unless you have humane and compassionate grounds for not being able to move to Canada earlier, you will probably lose your PR. Owning property does not make you exempt from meeting the residency obligation. Human and compassionate grounds are something like taking care of a seriously ill relative for example and being able to prove it. Studying or having a good job that you did not want to quit will not count.

 

[javicanada]

Thank you, so basically I will have to stay in Canada and renew my PR card when i have proof of being in Canada for 2 years at least. right?

 

[Leon]

Yes, if you don't want to risk your PR, you should stay in Canada until the point in time that you have at least 730 days in Canada in the past 5 years that you can prove. Then you can apply to renew your PR card. Your PR status will then be in good standing again and then you can travel.

Keep in mind however that you need 730 days in Canada or more in any rolling 5 year period. If you stay away for more than 3 years again, you again risk being reported.

 

[javicanada]

I am dating a Canadian girl and have plans of getting married soon, If i get married, would that change my status? would I be able to travel?

Thanks

Javier

 

[scylla]

I am dating a Canadian girl and have plans of getting married soon, If i get married, would that change my status? would I be able to travel?

Thanks

Javier

You would still be a PR. Getting married won't change your status.

However if you travel outside of Canada with your Canadian citizen spouse, the days you spend outside of Canada can be counted towards your PR residency obligation (but again, only if your spouse travels with you).

 

[Leon]

Getting married and being able to count days with your spouse outside Canada as days inside Canada will still not change the events of the past 5 years so if you don't meet the residency requirements now, you will not meet them either after you get married. You are still at risk until you have 2 full years so you really should not risk travelling if you care about your PR.

 

[javicanada]

I understand what u are saying basically if I travel with my canadian spouse and when returning the immigration officer could still ask me questions and see that i dont meet the requirements and report me. So in that case would it be better to travel outside Canada with my spouse stay in my country until the 2 years are reached and the request the renewel at the Canadian Embassy? Do u really think that at the time I would get back with my spouse the officer will check my residency requirements? What happens after the report of the officer is conducted? How much time do I have to appeal and/or leave Canada? Thank you for ur advise

 

[Leon]

You could leave with your spouse and stay outside Canada with your spouse for a two full years but you can not renew your PR card when you are outside Canada. You would have to apply for a PR travel document from the embassy. You can use the travel document to return to Canada and then you can apply to renew your PR card.

If you do get reported for not meeting the residency requirements as you enter Canada, you would have 30 days to appeal. If you win your appeal, you keep your PR but if you don't have a good reason for staying outside, you will lose and then you must leave.

Your spouse could however sponsor you for PR again but depending on what your home country is, the process can take from several months up to a couple of years.

 

[javicanada]

Lets say I get to the airport and they stop me and report me even if i am with my canadian wife, they will let me in but i will have to appeal based on H & C grounds. In the worst case scenario I loose the appeal, would I have to leave Canada? or my wife will have to sponsor me the PR while I remain in Canada? thank u

 

[Leon]

Lets say I get to the airport and they stop me and report me even if i am with my canadian wife, they will let me in but i will have to appeal based on H & C grounds. In the worst case scenario I loose the appeal, would I have to leave Canada? or my wife will have to sponsor me the PR while I remain in Canada? thank u

Worst case you lose the appeal and lose your PR they ask you to leave. If you do not leave, they will deport you. You would not want that to happen.