What happens if I fails to stay 730 days out of 5 years?

[dedar]

Hello!
I am in a great confusion. I am going to pursue my PhD in USA in this August. Yesterday I got a letter from Canadian visa section to send medical and police report for my application under Federal Skilled Worker category. I heard that one should stay at least 730 days (2 years) out of 5 years to keep his immigration live. Is it true? My PhD will take 5 years to be completed. So, I will not be able to stay 2 years out of 5 years.

What will happen if I don't fulfill their requirement of staying 730 days (2 years) out of 5 years? Will they cancel my immigration? Will they give me second chance for the next 5 years? Will they renew my immigration for the next 5 years?

 

[FSWCIO]

Hello!
I am in a great confusion. I am going to pursue my PhD in USA in this August. Yesterday I got a letter from Canadian visa section to send medical and police report for my application under Federal Skilled Worker category. I heard that one should stay at least 730 days (2 years) out of 5 years to keep his immigration live. Is it true? My PhD will take 5 years to be completed. So, I will not be able to stay 2 years out of 5 years.

What will happen if I don't fulfill their requirement of staying 730 days (2 years) out of 5 years? Will they cancel my immigration? Will they give me second chance for the next 5 years? Will they renew my immigration for the next 5 years?

no,they will not cancel your immigration. they will renew your visa and the 5 years and 2 years rules will reset simply. so in next 5 yrs you have to stay 2 yrs in canada to get your canadian citizenship.and again if you fail, the rules will reset again..and again..and again untill you get the citizenship. so dont worry.

 

[Cappuccino]

no,they will not cancel your immigration. they will renew your visa and the 5 years and 2 years rules will reset simply. so in next 5 yrs you have to stay 2 yrs in canada to get your canadian citizenship.and again if you fail, the rules will reset again..and again..and again untill you get the citizenship. so dont worry.

On the contrary, DO worry. What FSWCIO says is untrue.

Once your visa has been granted, you have 1 year from the date you completed your medicals to complete your recording of landing.

Once you have completed your recording of landing the timer starts on permanent residency for 5 years. Once the 5 years is up, you will need to demonstrate you have spent at least 730 days in Canada during that time in order to renew it. If you have not, your residency will not renew and you will have no status in Canada. At that time you will have to re-apply from the beginning.

I regret FSWCIO has given you incorrect advice. The 730 days out of 5 years is not negotiable. Every 5 years you MUST have completed 730 days minimum in Canada, or you will no longer be a permanent resident.


If you are able to stay in Canada for 1095 days during any 4 year period, you may apply for citizenship. Once citizenship is granted you can come and go as you please.

Wayne.

 

[scylla]

no,they will not cancel your immigration. they will renew your visa and the 5 years and 2 years rules will reset simply. so in next 5 yrs you have to stay 2 yrs in canada to get your canadian citizenship.and again if you fail, the rules will reset again..and again..and again untill you get the citizenship. so dont worry.

The above is 100% incorrect. Completely and entirely wrong.

Cappuccino has provided the right information.

 

[newcomer]

On the contrary, DO worry. What FSWCIO says is untrue.

Once your visa has been granted, you have 1 year from the date you completed your medicals to complete your recording of landing.

Once you have completed your recording of landing the timer starts on permanent residency for 5 years. Once the 5 years is up, you will need to demonstrate you have spent at least 730 days in Canada during that time in order to renew it. If you have not, your residency will not renew and you will have no status in Canada. At that time you will have to re-apply from the beginning.

I regret FSWCIO has given you incorrect advice. The 730 days out of 5 years is not negotiable. Every 5 years you MUST have completed 730 days minimum in Canada, or you will no longer be a permanent resident.


If you are able to stay in Canada for 1095 days during any 4 year period, you may apply for citizenship. Once citizenship is granted you can come and go as you please.

Wayne.

Hi ,

Yeah Cappuccino is absolutely right .If you cannot go to Canada for a period of 5 years ,you should try to prolong your medicals as long as it is safely possible and then even land just before expiry of your meds so tht your PR timer clock start ticking as late as possible.Also alongwith information from Cappuccino ,as you will be in US so try to spend as much time as possible in Canada such as during vacation or so .

 

[newcomer]

no,they will not cancel your immigration. they will renew your visa and the 5 years and 2 years rules will reset simply. so in next 5 yrs you have to stay 2 yrs in canada to get your canadian citizenship.and again if you fail, the rules will reset again..and again..and again untill you get the citizenship. so dont worry.

I request to all members to kindly refrain from posting unauthentic info.

Thanks

 

[xixi]

Depends....the courts have interpreted it differently...you should google the famous Antonios E. Papadogiorgakis case where it was ruled in his favour when he went to study in US but was still able to maintain his residency. Also everyone has their own understanding and interpretation and should keep it to themselves unless they are sure of what they are writing. Hope this helps.

 

[Cappuccino]

Depends....the courts have interpreted it differently...you should google the famous Antonios E. Papadogiorgakis case where it was ruled in his favour when he went to study in US but was still able to maintain his residency. Also everyone has their own understanding and interpretation and should keep it to themselves unless they are sure of what they are writing. Hope this helps.

Hi,

The law is seldom down to understanding and interpretation, and I can assure you that the requirement of having to complete 730 days during the 5 year period is not an optional one. It is the rules, and residency is cancelled if it is not abided to.

Very exceptional cases may have been successfully pleaded, but these are by far the exception rather than the rule.

Canada invites the person to become a permanent resident because they meet the criteria at the time they apply. How can they possibly keep the door infinitely open for people when their job market needs are changing? I think the requirement to only need to spend 2 years out of every 5 to keep residency is already a generous one, and I think it is a very reasonable requirement.

Wayne.

 

[newcomer]

Depends....the courts have interpreted it differently...you should google the famous Antonios E. Papadogiorgakis case where it was ruled in his favour when he went to study in US but was still able to maintain his residency. Also everyone has their own understanding and interpretation and should keep it to themselves unless they are sure of what they are writing. Hope this helps.

Well dont expect miracles !! Canada generally and Minister Kenny specifically are now very strict about granting immigration and even citizenship.Rules are getting stricter and stricter day by day .I have recently studied a case of US GC holder whose citizenship application was denied due to his GC status in US.What happened with some applicants in past might not happen in future so one needs to be very cautious and abiding by the law only.

 

[xixi]

Law does not require miracles!! Minister Kenny is not above the law. Yes, he is trying to make immigration rules more tough but each case is different. If they were all powerful, Canada would be a dictatorship but its not. Well my point is if you are getting PR take it. As for residency that is to be seen after five years and things/ law might change. If the immigration rules change in 5 years then what? Think about it in a practical way.

 

[olddream]

Hi
First please take the PR and then go for the PhD. It is expected that you will complete your PhD successfully however the road might be different at any stage in your life.
If you successfully complete the PhD then your future will be more brighter.

 

[dedar]

Hi
Finally, I have decided to go for PR. Few lawyers suggest me to take the opportunity and then apply to immigration section to consider my case on Humanitarian and compassionate ground. Few of my friends told me that there are lawyers in Canada who can handle such situation. Let's see what happens to me. Pray for me.

Thanks to all.

 

[ali green]

Hi
Finally, I have decided to go for PR. Few lawyers suggest me to take the opportunity and then apply to immigration section to consider my case on Humanitarian and compassionate ground. Few of my friends told me that there are lawyers in Canada who can handle such situation. Let's see what happens to me. Pray for me.

Thanks to all.

The only compassionate ground that might be accepted is if you are taking care of your father mother or grandparents and you can prove that they got no one else except you.

 

[PA5510N]

Hi,

The law is seldom down to understanding and interpretation, and I can assure you that the requirement of having to complete 730 days during the 5 year period is not an optional one. It is the rules, and residency is cancelled if it is not abided to.

Very exceptional cases may have been successfully pleaded, but these are by far the exception rather than the rule.

Canada invites the person to become a permanent resident because they meet the criteria at the time they apply. How can they possibly keep the door infinitely open for people when their job market needs are changing? I think the requirement to only need to spend 2 years out of every 5 to keep residency is already a generous one, and I think it is a very reasonable requirement.

Wayne.

i need advise plz

i am dec 2009 applicant
got refusal on March 2012 (miscalculation on educational points)
did reconsideration against the decision and got approval on 13 june 2012

today my Ecas status change to In Process from DM

please anyone have any idea on the time-frame for me now on ...when should i get my MR

thank you!