PR Clarity & Circumstance

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I'm hoping to gain some clarity on my situation - 

I am a PR of Canada and have been living out of the country for just over 3 years now. My card is still valid, I have another year left on it until official "expiry."

I want to move back to Canada in the next four months, I plan on staying there indefinitely. Let's say, I enter the country in four months and stay. When I attempt to renew my PR card (after living there for 2 years), will my absence from Canada affect my future application? A CIC specialist said no but others have said maybe. It's unclear, do I need to rush back, have I already lost my PR even if I renew it two years after moving back?

I've had to stay back due to an urgent family situation, which is why I have gone over 3 years.

Also, do I need to rush back or is there room to wait longer? (My pending family situation has me bound here) Confused about the 3 year presence, especially if my card is still valid when I enter the country. 

Thanks.

Edited by DayMantra - 20 Oct 2015 at 9:26am

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DayMantra Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 20 Oct 2015 Location: Vancouver Status: Offline Points: 2	Post Options Post Reply Quote DayMantra Report Post Thanks(0) Quote Reply Topic: PR Clarity & Circumstance Posted: 20 Oct 2015 at 9:12am
	I'm hoping to gain some clarity on my situation - I am a PR of Canada and have been living out of the country for just over 3 years now. My card is still valid, I have another year left on it until official "expiry." I want to move back to Canada in the next four months, I plan on staying there indefinitely. Let's say, I enter the country in four months and stay. When I attempt to renew my PR card (after living there for 2 years), will my absence from Canada affect my future application? A CIC specialist said no but others have said maybe. It's unclear, do I need to rush back, have I already lost my PR even if I renew it two years after moving back? I've had to stay back due to an urgent family situation, which is why I have gone over 3 years. Also, do I need to rush back or is there room to wait longer? (My pending family situation has me bound here) Confused about the 3 year presence, especially if my card is still valid when I enter the country. Thanks. Edited by DayMantra - 20 Oct 2015 at 9:26am

ski Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group Forum Moderator Joined: 14 Aug 2012 Status: Offline Points: 564	Post Options Post Reply Quote ski Report Post Thanks(0) Quote Reply Posted: 21 Oct 2015 at 8:23am
	Your residence obligation is to stay in Canada for 2 years out of 5. This obligation needs to be met every day. PR card validity has nothing to do with this obligation. This means you are already in breach of your residence obligation, and theoretically you should lose your PR status when you attempt to enter Canada. Now, let's imagine for a second that you are admitted to Canada and your PR status is not challenged. This means that you still have to continue to meet your residence obligation every day. In particular, this means that if you attempt to renew your PR card when you are still in breach of your obligation (and you will be for the next 730 days after you enter Canada even if you don't travel anywhere), your application should be denied and your PR status canceled. Therefore, if you are lucky enough to enter Canada without your PR status challenged, your strategy needs to be: - Absolutely no travel outside Canada for a minimum of the next 730 days - Only apply for the new PR card after you have met your residence obligation again, and better with a healthy margin (say after 1095 days instead of 730). Of course, if you decide to return to Canada you must rush. The longer you are in breach of residence obligation, the higher are the odds you will not be let in the country as a PR.