Away from canada
Sep 29th 2005, 4:11 am
#1
Forum Regular
Thread Starter
Joined: Feb 2003
Posts: 47
Away from canada
Can any one tell me, How long the landed immigrant stay away from canada continueously after he land.
Ex. he landed in Dec 2003, stayed for a month and away from canada till-date.
please advice. Thanks in advance.
Ex. he landed in Dec 2003, stayed for a month and away from canada till-date.
please advice. Thanks in advance.
Sep 29th 2005, 4:14 am
#2
We make IT happening
Joined: Sep 2005
Location: Kingston
Posts: 113
Re: Away from canada
Originally Posted by manas
Can any one tell me, How long the landed immigrant stay away from canada continueously after he land.
Ex. he landed in Dec 2003, stayed for a month and away from canada till-date.
please advice. Thanks in advance.
Ex. he landed in Dec 2003, stayed for a month and away from canada till-date.
please advice. Thanks in advance.
Sep 29th 2005, 5:11 am
#3
Joined: May 2004
Posts: 8,984
Re: Away from canada
First of all - there is no "5 years rule" in Citizenship Act or Regulations. In order to be eligible to apply for citizenship a PR must be in Canada for at least 1,095 days (3 years) in 4 years period immediately preceding the application.
But the original poster asked about PR status, not citizenship. And PR matters are ruled by IRPA and it's Regulations and require PR to be physically present in Canada for at least 730 days (2 years) in every 5 years period. And this requirement has nothing to do with citizenship matters which are governed by different law.
But the original poster asked about PR status, not citizenship. And PR matters are ruled by IRPA and it's Regulations and require PR to be physically present in Canada for at least 730 days (2 years) in every 5 years period. And this requirement has nothing to do with citizenship matters which are governed by different law.
Originally Posted by aat147
according to new rules out of 5 years you must have stay at canada for 3 years to apply for citizenship.
Sep 30th 2005, 7:22 am
#4
Forum Regular
Thread Starter
Joined: Feb 2003
Posts: 47
Re: Away from canada
Mr Andrew Miller,
Thanks for your reply, Is he eligible to get extension of PR, IF he stays only last 2 years continiously.Assuming first 3 years he is away from canada.
Thanks.
Thanks for your reply, Is he eligible to get extension of PR, IF he stays only last 2 years continiously.Assuming first 3 years he is away from canada.
Thanks.
Sep 30th 2005, 7:40 am
#5
Joined: May 2004
Posts: 8,984
Re: Away from canada
There is no such thing as "extension of PR".
PR who fails to meet residency obligations will be determined to have lost PR status - simple and objective determination based on the number of days in Canada within 5 years.
If PR is outside Canada for a maximum total of 1,095 days (3 years) and in Canada for at least 730 days in 5 years period then all is fine, regardless when within particular 5 years period presence and absences were.
Note that first 5 years period counts from the day of landing to the 5th anniversary of such landing. After 5th anniversary of landing each 5 years period counts backwards, 5 years back from the day of counting.
PR who fails to meet residency obligations will be determined to have lost PR status - simple and objective determination based on the number of days in Canada within 5 years.
If PR is outside Canada for a maximum total of 1,095 days (3 years) and in Canada for at least 730 days in 5 years period then all is fine, regardless when within particular 5 years period presence and absences were.
Note that first 5 years period counts from the day of landing to the 5th anniversary of such landing. After 5th anniversary of landing each 5 years period counts backwards, 5 years back from the day of counting.
Originally Posted by manas
Mr Andrew Miller,
Thanks for your reply, Is he eligible to get extension of PR, IF he stays only last 2 years continiously.Assuming first 3 years he is away from canada.
Thanks.
Thanks for your reply, Is he eligible to get extension of PR, IF he stays only last 2 years continiously.Assuming first 3 years he is away from canada.
Thanks.
Sep 30th 2005, 8:26 pm
#6
Forum Regular
Joined: Dec 2004
Posts: 33
Re: Away from canada
Originally Posted by Andrew Miller
There is no such thing as "extension of PR".
PR who fails to meet residency obligations will be determined to have lost PR status - simple and objective determination based on the number of days in Canada within 5 years.
If PR is outside Canada for a maximum total of 1,095 days (3 years) and in Canada for at least 730 days in 5 years period then all is fine, regardless when within particular 5 years period presence and absences were.
Note that first 5 years period counts from the day of landing to the 5th anniversary of such landing. After 5th anniversary of landing each 5 years period counts backwards, 5 years back from the day of counting.
PR who fails to meet residency obligations will be determined to have lost PR status - simple and objective determination based on the number of days in Canada within 5 years.
If PR is outside Canada for a maximum total of 1,095 days (3 years) and in Canada for at least 730 days in 5 years period then all is fine, regardless when within particular 5 years period presence and absences were.
Note that first 5 years period counts from the day of landing to the 5th anniversary of such landing. After 5th anniversary of landing each 5 years period counts backwards, 5 years back from the day of counting.
Could you please explain what do you mean by each 5 years period counts backwards. Thank you for your time.
Sep 30th 2005, 11:17 pm
#7
Retired
Joined: Apr 2004
Posts: 34,649
Re: Away from canada
Originally Posted by dkskeng
Mr.Miller,
Could you please explain what do you mean by each 5 years period counts backwards. Thank you for your time.
Could you please explain what do you mean by each 5 years period counts backwards. Thank you for your time.
If you become a PR on 1 January 2005 you must clock up 730 days in the first 5 year period, ie before 1 January 2010.
After 1 January 2010 you must meet the 730 day rule all the time. In other words, on 1 September 2010, you must have 730 days since 1 September 2005. On 1 March 2012 you will need to have 730 days in the period since 1 March 2007.
These rules are very easy to abide by if you are living in Canada.
Jeremy
