When it is said that "you need to have been inside canada or working for a canadian company if staying outside of canada for a cumulative period of 2 years in the last 5 years", when does the 5 year period start?
AFTER you land in canada for PR stamping or AS SOON as you send the passport for visa stamping for entering canada for the first time?
Also, how long is the visa to enter canada for the first time valid for?
Reason behind the query: I have my GC process in progress and it might take me another 5 years to get my GC in US. SO I would like to calculate the worst case scenario underwhich I can enter canada...
Thanks for any pointers..
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The clock tick starts from day you enter Canada.
The visa is applicable till one year since you have your medicals. Once you enter, you will be soon getting the PR card and that will be used in subsequent in and out visits from Canada.
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Thanks IM
So if I get a request from CIC for sending my passport for stamping (after medicals) by say December 2008, Then as per your note:
a) I will have time until December 2009 (one year validitiy) within which I have to enter canada for permenant residentc ard receipt
b) And after that I can legally stay outside of canada for 3 years (until December 2012)
c) I can enter canada in December 2012 and can stay in canada until December 2014 an get to keep my permanent residence status..
Does this accurately describe a best case scenario for effectively using the timelines?
Thanks again for your help!!!
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a) The "one year validity" is from the date you have your medicals. Say if you took those on Dec 1, 2008 and you get ppr request on Jul 1, 2009 - you need to enter Canada before Dec 1, 2009.
b) You can stay anytime outside (or inside Canada). Each day you are in Canada is counted as "1". Also if you are staying outside Canada 'coz of a Canadian employer - this is counted into your quota. Better understanding of all such considerations are available at http://cic.gc.ca/english/newcomers/about-pr.asp#keep_status
c) This is correct.
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That made it very clear - thx a ton..
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Indianmunda,
That post of yours about working in USA for Canadian Employer & still accumulating days for CAD Ctznship was interesting. Can u pls post the link.......
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Very interesting. Very good Indianmunda.
Questions for Guru Indianmunda:
1) Does the two year period of stay to retain PR status count towards the three year period required to be eligible for citizenship? This means that you could be eligible for citizenship in a max. of 6 years if you stretch your timelines to the max.?I presume it is but would like your opininon.
2) Theoretically consider this scenario:
Canadian company A enters into a contract with US company B to provide resources for consulting. Mr. Kumar who is currently in H1 in USA and a PR in Canada gets hired by company A and leased out to company B who places him at a client site. Mr. kumar does not physically relocate to Canada
Can he maintain his PR status?
Will the period he is on contract in USA get counted towards citizenship?
Are there additional qualifying for Canadian company A to meet or for Mr. Kumar to meet in order to take advantage of this situation?
3) If Mr. Kumar above also has a GC going in USA does that get impacted?
Appreciate your thoughts.
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Here are the replies....
1) Looking at the details mentioned in http://www.cic.gc.ca/english/citizenship/become-eligibility.asp
You need to be a Permanent resident as well as you have lived 3 out of 4 last years. So yes, if you are PR and stayed for 3 years in consecutive 4 years you can apply for that. If you stay only 2 years out of 4 years - it will only be to retain your PR.
2) Yes he can maintain his status as long as he is able to satisfy the 2 out of 5 years criteria. Again, this will be counted for citizenship if he completes canadian residency (whether in or out of Canada) for 3 out of 4 consecutive years. For any clarification - I would suggest Mr Kumar to discuss with Canadian consulate as those are the BEST ppl to analyze the situation.
3) GC and PR are two different things. For each you need to satisfy the criteria set. As Canadian consulate says they welcome multiple citizenship so should not be any problem.
I hope this made clear :) I will also say that I just update based upon what I know from reliable resource (http://cic.gc.ca) but incase of any doubt please dont hesitate in checking with consulate.
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With regards to citizenship, please note that you do need to meet the physical presence conditions to apply for citizenship. As stated at http://services3.cic.gc.ca/rescalc/resCalcStartNew.do?&lang=en:
“absences from Canada may have an impact on your residence. Only a citizenship judge can determine if you meet the residence requirements with fewer than 1,095 days of physical presence.”
So, while you may be able to maintain PR while outside of Canada, you should be careful with regards to applying for citizenship without required physical presence.
Also, with regards to Canadian company:
“Exclusion
(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.”
So if you are thinking of starting a company in Canada and hiring yourself to a US company, you will not maintain your PR status.
Ray
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Many thanks Indianmunda and raymasa.
Just one more point though.
Lets forget about the whole business of Mr. Kumar staying outside Canada for the moment.
If he stays the last two years out of his 5 year period in Canada will he have to stay for one more year to be eligible for citizenship.Correct?
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Raymasa is correct regarding the citizenship condition - physical presence. Thanks for updating us man!!!!
eternity,
If you look at the link provided by Raymasa, you can see that you need one year after completing your 2 years of PR.
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