How to maintain Canadian PR outside Canada?
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Canada permanent residents get many same benefits as citizens of Canada. But that said, permanent residents are obligated to maintain their status by meeting a few requirements.
After you successfully move to Canada through the Canada immigration pathway, it is mandatory to be physically present in the country for a minimum of 730 days (2 years) within the last 5 years - to maintain your PR status. This time of 730 days does not have to be continuous and will be evaluated on a rolling basis.
Conditions to maintain your PR status when outside Canada
You may be able to apply the time you spent outside Canada towards your PR status only if you meet these conditions:
If you work outside Canada
In this case, you have to be employed in a full-time job under a Canadian company or business. If not, then under the Canadian federal, provincial, or territorial government to count your days spend outside Canada towards your permanent resident status.
If you travel with your spouse or partner
In this case, your spouse or partner has to be a citizen or PR in Canada working outside Canada in a full-time job for a Canadian business or government.
If you are a dependent child and travel with your parent
In this case, your parents have to be a citizen or permanent resident of Canada. They should be working outside of the country, full-time for a business in Canada or the Canadian government.
Leave Canada for more than 6 months
As long as you fulfil the residency requirements, you may be allowed to leave Canada for more than 6 months. To do that, you should wait until you have your permanent resident status. Your PR card is proof that you are now a resident of Canada. It is used as an ID and at ports of entry as evidence to enter Canada when coming back from abroad.
If you do not possess a PR card, first apply for a Permanent Residence Travel Document before re-entering Canada. This document is for PRs outside of Canada who require proof of their status so they can come back to Canada.
Also, the Permanent Residence Travel Document is temporary and helps Canada PRs who do not have a PR card yet or whose card has expired.
If PR requirements are not fulfilled
Whether you meet the permanent residency requirements or not will be brought to IRCC’s attention –
When you submit an application for PR card renewal
When you are entering Canada through a port of entry.
If the IRCC officer finds out that you do not meet the Canada PR requirements from India, you will not be allowed to enter Canada and can also lose your PR status. You can appeal the decision made by the officer to the Immigration and Refugee Board of Canada’s Immigration Appeal Division. This is called a residency obligation appeal.
NOTE: An exception is made for PRs who were outside Canada for five years for acceptable reasons. Here are three ways to win your appeal:
1. Provide evidence that you were in Canada for 730 days.
2. Provide evidence that you had an acceptable reason for being outside of Canada.
3. Prove that there are humanitarian and compassionate reasons for your appeal, even if you did not fulfil your residency obligation.
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