Soft landing over Christmas & then returning to US

[kc247]

My husband is applying for permanent residency (I am sponsor) and we are both currently living in the US. We had expected the application to take longer and plan to move next summer, however it has moved along quite quickly and judging by similar timelines we might have approval before Christmas. We are going to my hometown for 2 weeks over Christmas and I have thought about the possibility of him activating his PR when we fly in? Is that possible? The only problem is we probably won't be officially moving until Julyish, and he would have to be living in Canada for 6 months out of the year, right? Wondering if anyone has any experience doing this.

 

[zardoz]

My husband is applying for permanent residency (I am sponsor) and we are both currently living in the US. We had expected the application to take longer and plan to move next summer, however it has moved along quite quickly and judging by similar timelines we might have approval before Christmas. We are going to my hometown for 2 weeks over Christmas and I have thought about the possibility of him activating his PR when we fly in? Is that possible? The only problem is we probably won't be officially moving until Julyish, and he would have to be living in Canada for 6 months out of the year, right? Wondering if anyone has any experience doing this.

Where do you get this "6 months" thing from? There is no such requirement.

 

[monkeys89]

If you are a Canadian citizen, any time spent with you outside the country counts for PR residency time.

He can certainly do a soft landing if you fly in. He can even likely fly back to the US. However, because the PR card will be required to travel commercially afterwards, you'll either need to get it somehow to re-enter Canada on a commercial flight, train, bus, etc. in the future, or you will only be able to cross the border on foot or in a private vehicle.

 

[monkeys89]

Where do you get this "6 months" thing from? There is no such requirement.

I think they're talking about a residency obligation, which is not a "six month" thing, no, but it is something to be aware of as a PR.

 

[zardoz]

I think they're talking about a residency obligation, which is not a "six month" thing, no, but it is something to be aware of as a PR.

Under the old Immigration Act 1976 there was a "6 months" clause about "abandoning Canada" but that's ancient history now (since 2003 at least).

 

[canuck_in_uk]

If you are a Canadian citizen, any time spent with you outside the country counts for PR residency time.

He can certainly do a soft landing if you fly in. He can even likely fly back to the US. However, because the PR card will be required to travel commercially afterwards, you'll either need to get it somehow to re-enter Canada on a commercial flight, train, bus, etc. in the future, or you will only be able to cross the border on foot or in a private vehicle.

OP's spouse is American and therefore does not need a PR card to travel to Canada.

 

[kc247]

Where do you get this "6 months" thing from? There is no such requirement.

I thought you could only be outside the country for a max od 6 months to be considered a resident?? Clearly that is apparently old news I just remember that being a thing so I assumed it applied.

 

[kc247]

If you are a Canadian citizen, any time spent with you outside the country counts for PR residency time.

He can certainly do a soft landing if you fly in. He can even likely fly back to the US. However, because the PR card will be required to travel commercially afterwards, you'll either need to get it somehow to re-enter Canada on a commercial flight, train, bus, etc. in the future, or you will only be able to cross the border on foot or in a private vehicle.

We would definitely need to fly back to the US we only plan on staying for 2 weeks over the holidays .We could have my family receive the PR card and then mail it to us though?? I assume we would have to fill out the good to follow form when we flew in though?

 

[zardoz]

I thought you could only be outside the country for a max od 6 months to be considered a resident?? Clearly that is apparently old news I just remember that being a thing so I assumed it applied.

These are the official and current rules.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

 

[Bumble]

Under the old Immigration Act 1976 there was a "6 months" clause about "abandoning Canada" but that's ancient history now (since 2003 at least).

Hmm... this is news to me too. I always thought there is some maximum amount of time a permanent resident can travel out of the country, or they may risk being denied for re-entry. I suppose you're saying this isn't true?

So, once a permanent resident "lands" in Canada but leaves shortly thereafter (e.g., to wrap up the move), is there any maximum amount of time within which they must return to "settle"?

 

[Bs65]

Hmm... this is news to me too. I always thought there is some maximum amount of time a permanent resident can travel out of the country, or they may risk being denied for re-entry. I suppose you're saying this isn't true?

So, once a permanent resident "lands" in Canada but leaves shortly thereafter (e.g., to wrap up the move), is there any maximum amount of time within which they must return to "settle"?

From initial landing a new PR must accumulate 2 years in the 5 years from initial landing. So in effect it could be possible to stay away for near 3 years but then would need to stay put without leaving for 2 years.

A PR is always entitled to enter the country just that if CBSA find residency obligation not met they could start the process to revoke PR subject to appeal.

Note that after the initial 5 years the 5 years becomes a rolling 5 years in that each new entry a PR needs to be able to show 2 years residency in the 5 years before each entry.

Cannot be clearer than link posted above ref residency obligation

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

 

[np08]

Hmm... this is news to me too. I always thought there is some maximum amount of time a permanent resident can travel out of the country, or they may risk being denied for re-entry. I suppose you're saying this isn't true?

So, once a permanent resident "lands" in Canada but leaves shortly thereafter (e.g., to wrap up the move), is there any maximum amount of time within which they must return to "settle"?

To meet the residency obligation, you must be physically present in Canada for two years in each five year period. How you space out these periods of being in Canada is up to you, as long as you fulfill the residency obligation.

To answer your question, the maximum would be three years since that would leave two years in a five year period to fulfill the residency obligation. Though that's pushing it of course, as then you have no leeway to leave in case of emergency at all.

 

[kc247]

These are the official and current rules.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

Thanks for the info! That is definitely doable for us. Good to know we have the option if we are to get approval before we leave for vacation.