British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration & Citizenship (Canada) (https://britishexpats.com/forum/immigration-citizenship-canada-33/)
-   -   PR outside of Canada (https://britishexpats.com/forum/immigration-citizenship-canada-33/pr-outside-canada-943242/)

Instantpot Mar 21st 2022 12:13 pm

PR outside of Canada
 
Hi All,
Do you loose your PR status if you stayed in Canada for less than 730 days in the last 5 years. For context I stayed for a 1.5 years ( about 640 days in total) before leaving Canada in August 2020 due to pandemic to be with loved ones. My OH is now Canadian and kids are also Canadian and we all in UK at the moment due to her work.
Am looking to return at the end of the year if that helps. Please how does the Residence stuff work now.
Do I loose my PR Status if I don't return before 6th of November 2022 since I landed in Canada on 4th November 2017. My PR card expires in Feb 2023. Any help or links is highly appreciated.

christmasoompa Mar 21st 2022 12:54 pm

Re: PR outside of Canada
 

Originally Posted by Instantpot (Post 13102597)
Hi All,
Do you loose your PR status if you stayed in Canada for less than 730 days in the last 5 years. For context I stayed for a 1.5 years ( about 640 days in total) before leaving Canada in August 2020 due to pandemic to be with loved ones. My OH is now Canadian and kids are also Canadian and we all in UK at the moment due to her work.
Am looking to return at the end of the year if that helps. Please how does the Residence stuff work now.
Do I loose my PR Status if I don't return before 6th of November 2022 since I landed in Canada on 4th November 2017. My PR card expires in Feb 2023. Any help or links is highly appreciated.

When you say 'my OH is now Canadian', does that mean s/he has only recently become a Canadian citizen? If you are living with a Canadian citizen outside Canada, then that counts as time spent in Canada for residency purposes. So it will depend on how much of that time your OH has been Canadian for. https://www.cic.gc.ca/english/helpce...um=1466&top=10

You say 1.5 years but then also say 640 days, which is it? And how much of that was with a Canadian citizen partner?

Twitcher1958 Mar 21st 2022 12:55 pm

Re: PR outside of Canada
 

Originally Posted by Instantpot (Post 13102597)
Hi All,
Do you loose your PR status if you stayed in Canada for less than 730 days in the last 5 years. For context I stayed for a 1.5 years ( about 640 days in total) before leaving Canada in August 2020 due to pandemic to be with loved ones. My OH is now Canadian and kids are also Canadian and we all in UK at the moment due to her work.
Am looking to return at the end of the year if that helps. Please how does the Residence stuff work now.
Do I loose my PR Status if I don't return before 6th of November 2022 since I landed in Canada on 4th November 2017. My PR card expires in Feb 2023. Any help or links is highly appreciated.

My understanding, not due to personal experience but from reading this forum, is that if you are with your spouse, who is a Canadian citizen, then your PR status is maintained. Have you checked the official site?

https://www.cic.gc.ca/english/helpce...um=1466&top=10

Instantpot Mar 21st 2022 1:34 pm

Re: PR outside of Canada
 

Originally Posted by christmasoompa (Post 13102608)
When you say 'my OH is now Canadian', does that mean s/he has only recently become a Canadian citizen? If you are living with a Canadian citizen outside Canada, then that counts as time spent in Canada for residency purposes. So it will depend on how much of that time your OH has been Canadian for. https://www.cic.gc.ca/english/helpce...um=1466&top=10

You say 1.5 years but then also say 640 days, which is it? And how much of that was with a Canadian citizen partner?

OH recently became Canadian Citizen in January this year although they applied to become Canadian citizen in September 2020 if it makes any difference. My total of days in Canada is roughly around 640 days between 2018 and 2020 when I left Canada. I have not been back since.

christmasoompa Mar 21st 2022 1:44 pm

Re: PR outside of Canada
 

Originally Posted by Instantpot (Post 13102613)
OH recently became Canadian Citizen in January this year although they applied to become Canadian citizen in September 2020 if it makes any difference. My total of days in Canada is roughly around 640 days between 2018 and 2020 when I left Canada. I have not been back since.

OK, so your time living with your Canadian citizen partner (since January) will count, which will give you some more days. You need to count back from today (so to March 2017) and see if you have the 730 days required since then, it's a rolling 5 year period. You mention in a previous thread about leaving Canada for 9 months in 2018, have you factored that in?

Instantpot Mar 21st 2022 1:52 pm

Re: PR outside of Canada
 

Originally Posted by christmasoompa (Post 13102615)
OK, so your time living with your Canadian citizen partner (since January) will count, which will give you some more days. You need to count back from today (so to March 2017) and see if you have the 730 days required since then, it's a rolling 5 year period. You mention in a previous thread about leaving Canada for 9 months in 2018, have you factored that in?

It was 2019 that I was away for 9 months. I landed October 2017 and spent about a year in Canada and outside Canada for much of 2019 except for periodic visits. For the 5 rolling period will that count from the day I return back Canada ie December 2022 will be the earlies we can return to Canada.
Also when you say my time since January 2022 being with a Canadian citizen counts, please what does it mean. Does it count towards Citizenship or just maintaining my PR status.

christmasoompa Mar 21st 2022 1:57 pm

Re: PR outside of Canada
 

Originally Posted by Instantpot (Post 13102616)
It was 2019 that I was away for 9 months. I landed October 2017 and spent about a year in Canada and outside Canada for much of 2019 except for periodic visits. For the 5 rolling period will that count from the day I return back Canada ie December 2022 will be the earlies we can return to Canada.

Yes, it's a rolling 5 year period, so from any date you need to be able to count backwards and meet the residency obligation.

And time spent with your Canadian citizen spouse only counts for residency obligation purposes, not citizenship, with a few limited exceptions i.e. if your spouse is in the Canadian armed forces.

Instantpot Mar 21st 2022 2:00 pm

Re: PR outside of Canada
 
Thank you so much.


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