Seeking Advice

[ma3leemz]

Dear All,

I am please seeking advice on my situation, so here goes:

1. I am a landed immigrant living in Montreal since December 2011
2. I have a SIN, a medical card valid till September 2014 and a PR valid till February 2016
3. I have a driving license expires September 2014 which I have paid my dues on the past couple years
4. I have a rented flat that I have been living in
5. I have established a small company and have tried to trade in various products, but not very successfully
6. I have been living on my savings and on support from my family from abroad
7. I have now reached a point where I can no longer continue my stay in Montreal and need to go back to my country of origin
8. I do not want to lose the time spent in Montreal
9. I have not accumulated 1095 days for citizenship but by the time I leave Montreal I should have accumulated 720 days for renewal of my PR when the time comes

My questions are:

1. If I do leave, and not come back for a while, then in 2016 I apply for renewal of the PR will I get a 5 year renewal?
2. Leaving Montreal, would mean giving up my flat and selling my belongings
3. Do I need to notify anyone?
4. What do I do with my bank account?
5. What do I do with my driver’s license?
6. What do I do with my company?
7. There is a slight chance from now till 2016 I do decide to come back and live in Montreal, what happens then?

Thanks...

 

[Leon]

1. If I do leave, and not come back for a while, then in 2016 I apply for renewal of the PR will I get a 5 year renewal?

You may have to come back in order to renew your PR card. PR card applications must originate within Canada. If you have family or friends you can use as a mailing address, you can try sending them the renewal application and having them mail it in for you. If you are lucky, the PR card will be mailed to them and they can mail it to you. If you have 730 days in Canada in the past 5 years before applying that you can prove, you should get your renewal. However, this does not exempt you from continuing to meet the residency requirements in the future. You must meet the requirements in any rolling 5 year period. Even with a new PR card, if you do not return to Canada after 3 years away, you will not meet the residency requirements any more. This can become an issue if immigration decides to report you on entry or if you lose your PR card and need to apply for a travel document or a new one or if you get married or have children overseas and want to sponsor them for PR.

2. Leaving Montreal, would mean giving up my flat and selling my belongings

Yes?

3. Do I need to notify anyone?

I assume you have been filing your taxes? You should file for the last year you were in Canada but after that, you can notify CRA that you have moved and to please consider you a non-resident for tax purposes. You should also tell the health care that you are moving.

4. What do I do with my bank account?

You can close it or leave it inactive. You can ask your bank what happens if it is inactive for a number of years.

5. What do I do with my driver's license?

Keep it in case you come back.

6. What do I do with my company?

This one I don't know. Maybe you want to ask an accountant if you can leave it inactive as well or if you should close it.

7. There is a slight chance from now till 2016 I do decide to come back and live in Montreal, what happens then?

Then you come back and pick up where you left off. If you still have a bank account, use it, if you had closed it, open a new one. Rent an apartment, buy new stuff. Use your drivers license. File taxes etc.

 

[ma3leemz]

Thank you Leon...
Very clear and helpful.. much appreciated..

I fully understand that if I do get my renewal so for the new period I will have to meet new residency requirements again.

One more question, as long as I meet the 720 days every 5 years (renewal period), I can renew the PR forever? Or am I allowed only to renew it once, then will need to meet citizenship requirements?

I do have another possibility that I'd like your opinion on if possible..
I have met my fiancee in Canada and she is a resident of Ottawa, works and lives there.
We are planning on getting married in August this summer, in Ottawa and after that I was supposed to move back to my country of origin to start earning properly.
She will continue living in Ottawa though...
If I do close down my Montreal chapter (apart, banks, taxes, etc..) and move my address to Ottawa (fiancee's apartment)...
What needs to happen? How do I proceed? Notify? How does it all work?

Again Thanks!

 

[Leon]

You have to meet the residency requirements not just for the new PR period for but any rolling 5 year period. However, as long as you always meet the requirements when you apply to renew your PR card, there is no limit how often you can renew. Also it's 730 days, not 720.

In order to move your address to your wife's apartment in Ottawa, you just have to inform everybody who sends you mail that you are moving. You can also go to Canada post and pay them to forward your mail for a certain amount of time in case you forget to notify someone.

With a wife who is Canadian or who is a PR and meets the residency requirements, in case you lose your PR, she could always sponsor you again.

 

[ma3leemz]

Thank you sir...
All clear!