PR Obligation -conflict

[Highheels35]

Dear Experts , I have an issue - if you cud help me .

I and my spouse have PR status;
I am going to full fill my PR obligation -730 days out of 5 yrs. But my spouse is working abroad and it seems difficult to full fill his obligation.
I am not worried about my self - but how my husband can visit me to canada.
while I was in my home country - he use to visit me every after 2 months -His nature of job is such that he has to move country to country for 2 yrs or less-business trips. He doesnt want to give up his job. but wants to visit me on and often to Canada. I dont know what to do with HIS PR STATUS. plz advise.
Also if u know any good immigration lawyer in TORONTO do tell me .
Thank you é regards

 

[wilson]

Your partner's PR status will only be maintained if he fulfill the mandatory residency obligation for PR - 730 days in 5 yr period. If he fails to meet this requirement, his PR renewal application could be rejected next time. Therefore he should be present in Canada as per the requirement. If he wants to keep his current job outside, then he may have to get visitor visa for future visits once his PR get cancelled.

 

[Bs65]

Plus an immigration lawyer will just be an unecessary expense given rules are rules the spouse needs to spend the 730 days out of 5 years in the country else risk losing PR status , an immigration lawyer will not be able to fix this basic requirement.

This will start to become more difficult as and when PR card expires and if not renewing will need a PRTD to travel back to Canada which could well flag up not meeting residency obligation possibly then initiating PR being revoked at some point.

 

[Highheels35]

Thank you Wilson & Bs65.

 

[ommehta]

Are these 730 days at a stretch ? Or can they be a combination of various visits as well ? Thanks

Your partner's PR status will only be maintained if he fulfill the mandatory residency obligation for PR - 730 days in 5 yr period. If he fails to meet this requirement, his PR renewal application could be rejected next time. Therefore he should be present in Canada as per the requirement. If he wants to keep his current job outside, then he may have to get visitor visa for future visits once his PR get cancelled.

 

[aman3116]

Renew of my pr

MY PR got expired on 29th sep 2016. In 5 years i stayed 650 days. And now my condition of 730 days gets full filled o ly after 30 dec 2016. If i apply my PR for renew in Jan will it be treated as normal or i have to hire a lawyer for this.

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[thecoolguysam]

Are these 730 days at a stretch ? Or can they be a combination of various visits as well ? Thanks

730 days can be combination of various visits. Once the person wants to apply to renew the PR card, always make sure to apply with minimum extra buffer like 1-2 months extra buffer (760-790 days).

 

[thecoolguysam]

Re: Renew of my pr

MY PR got expired on 29th sep 2016. In 5 years i stayed 650 days. And now my condition of 730 days gets full filled o ly after 30 dec 2016. If i apply my PR for renew in Jan will it be treated as normal or i have to hire a lawyer for this.

As long as you complete 730 days, it would be normal. Although I would suggest you to complete minimum of 760 to 790 days (extra buffer) and then apply for PR renewal.

 

[ommehta]

Thank you. Do the number of days spent during a "soft landing" i.e. BEFORE receiving PR cards the first time, also count ?!

730 days can be combination of various visits. Once the person wants to apply to renew the PR card, always make sure to apply with minimum extra buffer like 1-2 months extra buffer (760-790 days).

 

[Leon]

Thank you. Do the number of days spent during a "soft landing" i.e. BEFORE receiving PR cards the first time, also count ?!

Yes. The first 5 year period where you must meet the RO starts from your landing date until 5 years later. Days spent right after you land count within this period. Later, once you have been a PR for 5 years and longer, these first days start to expire, that is, they move outside the window of the past 5 years. Hence you must continue to add new days spent in Canada to make up for days that are lost.

 

[ommehta]

Thank you Leon

Yes. The first 5 year period where you must meet the RO starts from your landing date until 5 years later. Days spent right after you land count within this period. Later, once you have been a PR for 5 years and longer, these first days start to expire, that is, they move outside the window of the past 5 years. Hence you must continue to add new days spent in Canada to make up for days that are lost.