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So you have to resident 2 out of 3 of the 1st 5 years?

So you have to resident 2 out of 3 of the 1st 5 years?

Old Oct 12th 2009, 7:29 am
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Default So you have to resident 2 out of 3 of the 1st 5 years?

Am I right in thinking that as soon as you land and get your PR cards, you then have to be resident in Canada for only 2 out of the ensuing 5 years from the date of your arrival? All info extremely helpful
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Old Oct 12th 2009, 7:32 am
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Default Re: So you have to resident 2 out of 3 of the 1st 5 years?

Originally Posted by elizabeth_action
Am I right in thinking that as soon as you land and get your PR cards, you then have to be resident in Canada for only 2 out of the ensuing 5 years from the date of your arrival? All info extremely helpful
Elizabeth thats how I understand it........you have to renew the PR card every 5 years and its at that time you have to prove it

this explains it

http://www.cic.gc.ca/english/informa...des/5445EA.asp

Last edited by jimmydean; Oct 12th 2009 at 7:59 am. Reason: new info
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Old Oct 12th 2009, 7:57 am
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Default Re: So you have to resident 2 out of 3 of the 1st 5 years?

Originally Posted by elizabeth_action
Am I right in thinking that as soon as you land and get your PR cards, you then have to be resident in Canada for only 2 out of the ensuing 5 years from the date of your arrival? All info extremely helpful
The PR card expiry and PR status are not inextricably linked. Once you fail to meet the residency requirements and cannot do so PR is no longer valid, even if the PR card has not expired. For example if you land and then leave the country for more than three years, you cannot meet residency requirements and PR is no longer valid.
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Old Oct 12th 2009, 8:58 am
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Default Re: So you have to resident 2 out of 3 of the 1st 5 years?

Originally Posted by The Aviator
The PR card expiry and PR status are not inextricably linked. Once you fail to meet the residency requirements and cannot do so PR is no longer valid, even if the PR card has not expired. For example if you land and then leave the country for more than three years, you cannot meet residency requirements and PR is no longer valid.
Thanks guys. Perfect.
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Old Oct 12th 2009, 10:19 am
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Default Re: So you have to resident 2 out of 3 of the 1st 5 years?

Originally Posted by elizabeth_action
Thanks guys. Perfect.
Just remember that the 2 out of 5 rule is not for any particular 5 year period but is a rolling 5 years. In other words, if you were to remain in Canada for the first 2 years after landing, and then left Canada for 6 years and then returned for another 2 years, you would not have been here for long enough. The fact that you were here for 2 out of 5 in both 5 year period would be insufficient. CIC can look at any continuous 5 year period to see if you have met the requirement, if not, then you would have lost your PR status.
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Old Oct 12th 2009, 12:27 pm
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Default Re: So you have to resident 2 out of 3 of the 1st 5 years?

Originally Posted by The Aviator
The PR card expiry and PR status are not inextricably linked. Once you fail to meet the residency requirements and cannot do so PR is no longer valid, even if the PR card has not expired. For example if you land and then leave the country for more than three years, you cannot meet residency requirements and PR is no longer valid.
However you can only actually "lose" your status upon examination (either at a POE or at CIC when applying for a new PR card). It's not mandatory to renew the PR card.... But you'll need it for traveling abroad. In theory you could stay in Canada and still be a legal resident.
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Old Oct 13th 2009, 5:45 am
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Default Re: So you have to resident 2 out of 3 of the 1st 5 years?

Kleinluka is correct. Your PR status does not automatically expire. It must be taken from you through enforcement action on the part of CIC or CBSA. Enforcement can only happen upon "examination". If you don't show up to the border, or if you don't apply for anything, there is no examination. The Travel Document you are "supposed to" apply for abroad when your PR Card has expired is designed to trigger an "examination" under the Act. You can show up at the airport (if you hold a visa-exempt passport) or seek admission from a land border via the USA with an expired PR Card or other evidence that the PR status was granted to you. You have a right to re-enter. You might be subjected to further examination to determine your compliance with the residency requirement....but if you find yourself in these circumstances, do yourself a favour and hire a good lawyer for advice. CIC will not advise you of all of your rights.
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Old Oct 13th 2009, 5:50 am
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Default Re: So you have to resident 2 out of 3 of the 1st 5 years?

"So you have to resident 2 out of 3 of the 1st 5 years?"

Would you like me to edit that, cos it makes no sense to me....
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