Will I lose my PR status?

[Phe]

Hi guys

I have been residing in Canada since November 2010. Prior to this, I was living in New Zealand with my husband (who is a Canadian Citizen).
I received my Canadian PR in March 2011 via the Family Class. My husband and I will need to return to New Zealand in November 2012 due to his work, however we plan on returning to Canada to reside after a few years (unsure exactly when).

My question is, will I lose my Canadian PR status while im out of Canada? Or will it not matter in my situation because I am accompanying a Canadian Citizen out of Canada? I read in the link below that "You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse or common-law partner"
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

But it is not clear if there is a maximum period of time in which one can do this?

Thanks a lot
Phe.

 

[pinklady]

To keep permanent resident status, you need to live in Canada for 2 out of every 5 years.
But, I think if you are out of the country accompanying a citizen or even a permanent resident then thats ok. I believe you can even count those days towards citizenship.

 

[Phe]

Thanks Pinklady...thats what I thought too, but just need to be 100% certain that this would be fine. I will contact CIC to double check. Thanks so much

 

[scylla]

Your PR status is safe because you are being accompanied by a Canadian citizen spouse.

However these days outside of Canada cannot be counted towards citizenship. For citizenship, you must be physically residing in Canada.

 

[Phe]

If the days are not counted towards citizenship, I assume they are then counted towards the 'basic residence' requirements? i.e. so that I do not lose my PR status?

Im a little confused. I assume that the basic residence means i meet the requirements to retain my PR, and I assume that physical presence requirements is necessary for citizenship?

(As long as I dont lose my PR status while being away from Canada, im happy as we plan to return and reside, so i can therefore apply for citizenship when i do qualify anyway....)

 

[scylla]

That's right! These days can be counted towards basic residence which safeguards your PR status. But they don't count towards physical residence (required to apply for citizenship). If your only concern is retaining your PR status - then you have nothing to worry about.

 

[Leon]

The PR residency requirements are not connected to and not the same as the citizenship residency requirements.

For PR, you must stay in Canada for at least 730 days in any rolling 5 year period. If you leave Canada with a Canadian spouse or on a job working for a Canadian employer or as the spouse of a PR who is on a job working for a Canadian employer, those days will also count as days spent in Canada. You will therefore not lose your PR since you are living with your Canadian spouse.

For citizenship, you must have spent at least 1095 days in Canada in the previous 4 years before you apply.

 

[pinklady]

That's right! These days can be counted towards basic residence which safeguards your PR status. But they don't count towards physical residence (required to apply for citizenship). If your only concern is retaining your PR status - then you have nothing to worry about.

Ahhhh I understand, thanks!

 

[Phe]

All makes clear sense now! Thanks everyone