TOP URGNET

[injau]

Me and my family are Canadian Permanent residents . We landed in Canada in sept 2006 stayed 8 months and left Canada. Our PR cards are valid till sept 2011.

1. There was a old rule which stated that as a PR one had to live in Canada for 6 months out of every 12 months period. But in 2002 this rule was changed and now a PR can stay out of the country maximum of 3 years (1095 days) out of a 5 year period (1825 days). I know this is true but just wanted to confirm this.

2. As per this rule The maximum we can stay outside of Canada is till sept 2010 and after that have to return to Canada in order to maintain our Permanent residency status by fulfilling the requirement of living in Canada for 2 out of 5 years i.e 730 days. (our PR card expires on sept (2011). Is my understanding correct?

So when we return to Canada in say late 2009 will the Canadian Immigration officer ask us to prove at the Port of Entry that we will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark i.e till sept 2011 when our PR cards expire. I mean will they demand any kind of proof ? Can entry be denied if when we try to reenter Canada in late 2009/early 2010/

 

[Leon]

1. Yes, it did change. You can find it on the immigration Canada website.

2. If you landed in Sept 2006 and stayed 8 months, you would have left in May 2007? Then your 3 years are up in May 2010. They do not go by full year or full month, they go by number of days so if you left on precisely May 15 2007, you should better by back on May 14 2010 or earlier. That is if you did not leave Canada for one day, even on vacation for the 8 months you stayed in 2006&2007. If you did, you would have to subtract that from the 1095 days and come back even earlier.

3. If it is still possible for you to meet the 730 days in 5 year requirement, they can not deny you entry. You have to fill out on your customs form how long you were gone. When they see that you were gone for a long time, they might ask if you have come back for good and you have so no problem.

 

[injau]

Dear Leon,

Thanks so much for your feedback,
but one more last clarification, based on my situation details can i come back to Canada on 2010 without risking my PR ?

Thanks once again
regards

 

[Leon]

Yes, you can come back in 2010 as long as you have not been gone from Canada for more than 1095 days total since you became PR. If you have been gone longer, they can cancel your PR.

If you are cutting it close, you should better have some information ready with you for Canada immigration if they ask you when you come back what period you were in Canada exactly and where you had lived plus the exact number of days you have been gone from Canada.