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Yes/No question on residency obligations

Yes/No question on residency obligations

Old Aug 15th 2004, 5:28 am
  #1  
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Exclamation Yes/No question on residency obligations

Dear Experts,

Just a simple question Yes/No regarding 2/5 rule. Is it possible to land in Canada, get PR card and then stay out of Canada for 3 straight years and then reenter and spend next 2 years in Canada and still maintain PR? I am simply looking for simple yes/no just to have clearcut understanding of the rule.

Many Thanks.

Cheers
Smith G.
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Old Aug 15th 2004, 6:20 am
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Default Re: Yes/No question on residency obligations

The explanation on the CIC site is going to be as clear as anything an online forum will give you:
http://www.cic.gc.ca/english/newcomer/res-oblig.html

Jeremy

Originally Posted by smith73
Dear Experts,

Just a simple question Yes/No regarding 2/5 rule. Is it possible to land in Canada, get PR card and then stay out of Canada for 3 straight years and then reenter and spend next 2 years in Canada and still maintain PR? I am simply looking for simple yes/no just to have clearcut understanding of the rule.

Many Thanks.

Cheers
Smith G.
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Old Aug 15th 2004, 3:25 pm
  #3  
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Default Re: Yes/No question on residency obligations

HI Smith
"smith73" <member18757@british_expats.com> wrote in message
news:[email protected] m...
    > Dear Experts,
    > Just a simple question Yes/No regarding 2/5 rule. Is it possible to land
    > in Canada, get PR card and then stay out of Canada for 3 straight years
    > and then reenter and spend next 2 years in Canada and still maintain PR?
    > I am simply looking for simple yes/no just to have clearcut
    > understanding of the rule.
    > Many Thanks.
    > Cheers
    > Smith G.
    > --
    > Posted via http://britishexpats.com

The answer is yes, but you could not leave Canada for 1 day in the following
2 years.

PMM
 
Old Aug 17th 2004, 12:32 am
  #4  
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Default Re: Yes/No question on residency obligations

Many thanks to you all.

Cheers
Smith G.

Originally Posted by Pmm
HI Smith
"smith73" <member18757@british_expats.com> wrote in message
news:[email protected] m...
    > Dear Experts,
    > Just a simple question Yes/No regarding 2/5 rule. Is it possible to land
    > in Canada, get PR card and then stay out of Canada for 3 straight years
    > and then reenter and spend next 2 years in Canada and still maintain PR?
    > I am simply looking for simple yes/no just to have clearcut
    > understanding of the rule.
    > Many Thanks.
    > Cheers
    > Smith G.
    > --
    > Posted via http://britishexpats.com

The answer is yes, but you could not leave Canada for 1 day in the following
2 years.

PMM
smith73 is offline  
Old Aug 17th 2004, 3:22 am
  #5  
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Default Re: Yes/No question on residency obligations

Hi PMM,

What if you have already worked in Canada (WP) for 3 years got your PR lived for a few months. How long could you stay outside Canada?


Thanks,

Redwings

Originally Posted by Pmm
HI Smith
"smith73" <member18757@british_expats.com> wrote in message
news:[email protected] m...
    > Dear Experts,
    > Just a simple question Yes/No regarding 2/5 rule. Is it possible to land
    > in Canada, get PR card and then stay out of Canada for 3 straight years
    > and then reenter and spend next 2 years in Canada and still maintain PR?
    > I am simply looking for simple yes/no just to have clearcut
    > understanding of the rule.
    > Many Thanks.
    > Cheers
    > Smith G.
    > --
    > Posted via http://britishexpats.com

The answer is yes, but you could not leave Canada for 1 day in the following
2 years.

PMM
Redwings is offline  
Old Aug 17th 2004, 3:28 am
  #6  
 
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Default Re: Yes/No question on residency obligations

Time in Canada before becoming a PR doesn't count towards 2/5 residency obligation.

PR must be physically in Canada for at least 730 days in every 5 years period.

First 5 years periods starts on the day of landing as a PR. After first 5 years every subsequent 5 years period counts 5 years back from the day of counting.


Originally Posted by Redwings
Hi PMM,

What if you have already worked in Canada (WP) for 3 years got your PR lived for a few months. How long could you stay outside Canada?


Thanks,

Redwings
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Old Aug 17th 2004, 11:42 pm
  #7  
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Default Re: Yes/No question on residency obligations

Thanks Andrew,

I thought if you have more than 2 yrs worked inside Canada, it would count as 1 yr credit. Would that just be for applying Canadian Citizenship??

Redwings



Originally Posted by Andrew Miller
Time in Canada before becoming a PR doesn't count towards 2/5 residency obligation.

PR must be physically in Canada for at least 730 days in every 5 years period.

First 5 years periods starts on the day of landing as a PR. After first 5 years every subsequent 5 years period counts 5 years back from the day of counting.
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Old Aug 18th 2004, 3:15 am
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Default Re: Yes/No question on residency obligations

Yes, it is only for citizenship eligibility under Citizenship Act.

PR residency obligations are ruled by completely different law (Immigration and Refugee Protection Act) that has nothing to do with citizenship matters.


Originally Posted by Redwings
Thanks Andrew,

I thought if you have more than 2 yrs worked inside Canada, it would count as 1 yr credit. Would that just be for applying Canadian Citizenship??

Redwings
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Old Aug 18th 2004, 11:42 pm
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Default Re: Yes/No question on residency obligations

Thanks Again Andrew,

But I have another question.

If the principal is outside of Canada for 3 out of 5 yrs and the rest of his family never left Canada, would that be automatically be applied to his family as well?? Or could they just proceed to apply for their citizenship??



Originally Posted by Andrew Miller
Yes, it is only for citizenship eligibility under Citizenship Act.

PR residency obligations are ruled by completely different law (Immigration and Refugee Protection Act) that has nothing to do with citizenship matters.
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Old Aug 19th 2004, 2:38 am
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Default Re: Yes/No question on residency obligations

After all landed then each family member (principal applicant and dependants) are PR on their own and loss of status by principal applicant due to not meeting 2/5 obligations won't affect the rest of they meet their residency obligation.

Same with applying for citizenship - spouse and children may apply as soon as they qualify, regerdless if principal applicant qualifies or if he or she even still has PR status. The only restriction is that minors cannot apply on their own - they may apply only when one of the parents' applies with them.


Originally Posted by Redwings
Thanks Again Andrew,

But I have another question.

If the principal is outside of Canada for 3 out of 5 yrs and the rest of his family never left Canada, would that be automatically be applied to his family as well?? Or could they just proceed to apply for their citizenship??
Andrew Miller is offline  
Old Aug 19th 2004, 11:41 pm
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Default Re: Yes/No question on residency obligations

Andrew,

Should there be a chance that you could not meet the 2/5 obligation, what would be the way to restore your PR?? In the worstcase scenario, could Spousal Application work since the family is still in Canada and this would be the quickest way to apply for PR.



Originally Posted by Andrew Miller
After all landed then each family member (principal applicant and dependants) are PR on their own and loss of status by principal applicant due to not meeting 2/5 obligations won't affect the rest of they meet their residency obligation.

Same with applying for citizenship - spouse and children may apply as soon as they qualify, regerdless if principal applicant qualifies or if he or she even still has PR status. The only restriction is that minors cannot apply on their own - they may apply only when one of the parents' applies with them.
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Old Aug 20th 2004, 3:16 am
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Default Re: Yes/No question on residency obligations

There is no way to restore lost PR status. Only new process, new application in proper class (whichever is best under circumstances) can do the trick.


Originally Posted by Redwings
Andrew,

Should there be a chance that you could not meet the 2/5 obligation, what would be the way to restore your PR?? In the worstcase scenario, could Spousal Application work since the family is still in Canada and this would be the quickest way to apply for PR.
Andrew Miller is offline  
Old Aug 20th 2004, 8:03 am
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Default Re: Yes/No question on residency obligations

Hi Andrew,

Does this means that everything that you have accumulated since the very start of your WP days would be reset to NIL??

It is very interesting to know these things and I am sure subscribers in this list would also benefit. You really deserve a medal for your continuous contribution of valuable facts to this list.

I salute you.

Thanks,

Redwings.


Originally Posted by Andrew Miller
There is no way to restore lost PR status. Only new process, new application in proper class (whichever is best under circumstances) can do the trick.
Redwings is offline  
Old Aug 20th 2004, 8:35 am
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Default Re: Yes/No question on residency obligations

Work Permit and anything else prior to landing as a PR is absolutely irrelevant when it comes to meeting 2/5 residency obligations. Your first 5 years period starts the day you land as a PR, the time in Canada before becoming PR doesn't count here at all.

And law is very simple - you either meet 2/5 residency obligation or you don't. No more discretionary decisions, special circumstances, etc. like it was under the old law - straigh count of days in Canada, that is all today.



Originally Posted by Redwings
Hi Andrew,

Does this means that everything that you have accumulated since the very start of your WP days would be reset to NIL??

It is very interesting to know these things and I am sure subscribers in this list would also benefit. You really deserve a medal for your continuous contribution of valuable facts to this list.

I salute you.

Thanks,

Redwings.
Andrew Miller is offline  

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