Maintianing Permenant Residency

Old May 23rd 2005, 4:45 pm
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Default Maintianing Permenant Residency

Hi experts,
First of all, I should thank you for your supports. Here is my recent serious complication.

MAINTAINING PERMANENT RESIDENCY is the issue that’s bothering me now, since I can’t find any clear explanation about my situation. For example, let’s take a look at this. Somewhere on the web explains:

“Once admitted to Canada as a permanent resident, If you don't stay in Canada for more than 730 days in any 5 years period you will lost your resident status.
The reason mentioned above is the most common way by which most people lose their residency. This requirement applies whether the absence has been a series of trips or one long extended absence from Canada. “


The thing I don’t understand is:

1-Can I stay out of Canada for about 3 continuous years soon after landing and having my PR Card? Considering the fact that there are still more than 730 days left to the expiry of my PR Card (which is valid for 5 years from the date of issue) and technically, I shouldn't’t have any problem.

2-Is there any official Canadian web-site clarifying this point?

Thanks
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Old May 23rd 2005, 5:00 pm
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Default Re: Maintianing Permenant Residency

PR Card and it's validity have nothing to do with PR status and residency obligations.

The law states that you have the obligation to be in Canada for at least 730 days in every 5 years period.

Don't confuse PR Card validity here.


Originally Posted by Raska
Hi experts,
First of all, I should thank you for your supports. Here is my recent serious complication.

MAINTAINING PERMANENT RESIDENCY is the issue that’s bothering me now, since I can’t find any clear explanation about my situation. For example, let’s take a look at this. Somewhere on the web explains:

“Once admitted to Canada as a permanent resident, If you don't stay in Canada for more than 730 days in any 5 years period you will lost your resident status.
The reason mentioned above is the most common way by which most people lose their residency. This requirement applies whether the absence has been a series of trips or one long extended absence from Canada. “


The thing I don’t understand is:

1-Can I stay out of Canada for about 3 continuous years soon after landing and having my PR Card? Considering the fact that there are still more than 730 days left to the expiry of my PR Card (which is valid for 5 years from the date of issue) and technically, I shouldn't’t have any problem.

2-Is there any official Canadian web-site clarifying this point?

Thanks
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Old May 23rd 2005, 5:21 pm
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Default Re: Maintianing Permenant Residency

Originally Posted by Andrew Miller
PR Card and it's validity have nothing to do with PR status and residency obligations.

The law states that you have the obligation to be in Canada for at least 730 days in every 5 years period.

Don't confuse PR Card validity here.
Hi Mr. Miller,
Sorry, I guess I couldn't put it into right words. What I desperately need to know is:

I understand that in 5 years (1825 days) I should be staying within Canada physically for at least 730 days.

The thing, which is not clear to me, is:
Can I leave this 730 days to the end of my 5-year period, and to be absent for the first 3 years (1095 days) continuously?
That means, I land in Canada (which is the starting day of my residency) and complete my landing procedure, and the same day I leave Canada and return in e.g. 1090, and technically there will be more than 730 days left that I can stay and fulfill my residency obligations.

1- Now is there anything wrong with this? Will there be any problem when I return Canada?
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Old May 23rd 2005, 5:46 pm
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Default Re: Maintianing Permenant Residency

My understanding is yes, you can. However, after that that time, you WILL NOT able to leave CANADA even for a single day without putting your PR at risk.
ddk

Originally Posted by Raska
Hi Mr. Miller,
Sorry, I guess I couldn't put it into right words. What I desperately need to know is:

I understand that in 5 years (1825 days) I should be staying within Canada physically for at least 730 days.

The thing, which is not clear to me, is:
Can I leave this 730 days to the end of my 5-year period, and to be absent for the first 3 years (1095 days) continuously?
That means, I land in Canada (which is the starting day of my residency) and complete my landing procedure, and the same day I leave Canada and return in e.g. 1090, and technically there will be more than 730 days left that I can stay and fulfill my residency obligations.

1- Now is there anything wrong with this? Will there be any problem when I return Canada?
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Old May 23rd 2005, 6:26 pm
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Default Re: Maintianing Permenant Residency

Originally Posted by didik
My understanding is yes, you can. However, after that that time, you WILL NOT able to leave CANADA even for a single day without putting your PR at risk.
ddk
ddk is right! But u can have questions put to u at the port of entry when u finally decide on landing....
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Old May 24th 2005, 12:18 pm
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Default Re: Maintianing Permenant Residency

My thanks to didik & amancharan.

Mr, Miller, your confirmation is appreciated in advance.

Raska
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Old May 24th 2005, 12:50 pm
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Default Re: Maintianing Permenant Residency

There is nothing to confirm. I told you what the law says - at least 730 days in every 5 years period in Canada. It doesn't matter when in those 5 years. Just remember that 5 years period count in the following way:

1. First 5 years period starts on the day of your formal landing and you will have to be in Canada for at least 730 days between the day of your landing and 5th anniversary of such landing.

2. Every 5 years period after the 5th anniversary of your landing counts 5 years back from the day of counting and in every such counting you must be able to prove that you were in Canada for at least 730 days in past 5 years.

Originally Posted by Raska
My thanks to didik & amancharan.

Mr, Miller, your confirmation is appreciated in advance.

Raska
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Old May 24th 2005, 2:39 pm
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Default Re: Maintianing Permenant Residency

Does this still apply if you are the common law partner of a Canadian citizen and he/she remains with you at all times?

I am applying for permanent residency in canada under the family class. (I am British and my common law partner is canadian). I was under the impression that you can keep your permanent resident status for as long as you like if you are living continuously with your Canadian spouse/common law partner.

For example, my partner and I fully intend to live in canada but his profession requires he travel an awful lot. If our home is canada and we keep an apartment here am I able to travel outside of canada with him (this may mean I am not in canada for 50% of the 5 year period).

Thanks x
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Old May 24th 2005, 2:49 pm
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Default Re: Maintianing Permenant Residency

Originally Posted by NRhodes
Does this still apply if you are the common law partner of a Canadian citizen and he/she remains with you at all times?

I am applying for permanent residency in canada under the family class. (I am British and my common law partner is canadian). I was under the impression that you can keep your permanent resident status for as long as you like if you are living continuously with your Canadian spouse/common law partner.

For example, my partner and I fully intend to live in canada but his profession requires he travel an awful lot. If our home is canada and we keep an apartment here am I able to travel outside of canada with him (this may mean I am not in canada for 50% of the 5 year period).

Thanks x
Yes....they are not talking about as a spouse.
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Old May 24th 2005, 5:14 pm
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Default Re: Maintianing Permenant Residency

Originally Posted by Andrew Miller
There is nothing to confirm. I told you what the law says - at least 730 days in every 5 years period in Canada. It doesn't matter when in those 5 years. Just remember that 5 years period count in the following way:

1. First 5 years period starts on the day of your formal landing and you will have to be in Canada for at least 730 days between the day of your landing and 5th anniversary of such landing.

2. Every 5 years period after the 5th anniversary of your landing counts 5 years back from the day of counting and in every such counting you must be able to prove that you were in Canada for at least 730 days in past 5 years.

In Raska's case, if for example she first lands on 1st Jan 05 and leaves the next day, she would need to back in Canada by 1st Jan 08 and stay continously till 1st Jan 10.

If again for example, she decides to leave Canada on 1st Jan 11, would the next five year period commence on 1st Jan 06 ( ie 5 years prior to 1st Jan 11) ?

Thanks.
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Old May 24th 2005, 5:25 pm
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Default Re: Maintianing Permenant Residency

You are confused.

There is no "next 5 years period commencing".

There is only 1st 5 years period that is defined as 5 years from the day of landing to the 5th anniversary of such landing.

After 5th anniversary of landing at any given day PR must be able to prove that s/he was in Canada for at least 730 days within past 5 years from the day of counting.

So, for example PR landed Jan 1st 2005 - and until Jan 1st 2010 such PR must be present in Canada for at least 730 days.

After Jan 1st 2010, for example on Jan 1st 2011 PR in question will have to prove that s/he was in Canada for at least 730 days since Jan 1st 2006 (in period 5 years prior to day of counting), in June 2012 s/he must be able to prove being in Canada for 730 days since June 2007, and so on.



Originally Posted by shriver9
In Raska's case, if for example she first lands on 1st Jan 05 and leaves the next day, she would need to back in Canada by 1st Jan 08 and stay continously till 1st Jan 10.

If again for example, she decides to leave Canada on 1st Jan 11, would the next five year period commence on 1st Jan 06 ( ie 5 years prior to 1st Jan 11) ?

Thanks.
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