Can a PR stay inside Canada in 2 yrs - then 6 yrs outside and then again inside for 2 yrs

01-11-2004, 04:55 PM

Interested friends keep on asking this question -
The 2/5 yr rules states that a person can stay for 3 yrs outside
canada in any 5 year period.
Does this mean that
a) an applicant gets his PR in 2005. From 2005 - 2007, he stays in
Canada
b) From 2007 - 2013 - he stays outside Canada - thus staying 3 year
outside Canada for the first period and another 3 years outside Canada
for the second period
c) From 2013 onwards - he returns and stays in Canada until 2015.

Is this possible

01-11-2004, 05:10 PM

Hi

"rvsw" <> wrote in message
news:...
    > Interested friends keep on asking this question -
    > The 2/5 yr rules states that a person can stay for 3 yrs outside
    > canada in any 5 year period.
    > Does this mean that
    > a) an applicant gets his PR in 2005. From 2005 - 2007, he stays in
    > Canada
    > b) From 2007 - 2013 - he stays outside Canada - thus staying 3 year
    > outside Canada for the first period and another 3 years outside Canada
    > for the second period

Nope, he would have to return to Canada in 2010 and stay for at least 2
years.

    > c) From 2013 onwards - he returns and stays in Canada until 2015.
    > Is this possible

PMM

01-11-2004, 05:15 PM

Nope. It is not possible.

"Every 5 years period" is counted in the following manner:

1. First 5 years period is counted forward from the day of landing

2. After first 5 years from landing every subsequent 5 years period is
counted backwards - 5 years back from the day of counting (entry to Canada,
application for new PR card, application for Travel Document, etc.). In
every such period PR must reside in Canada for at least 730 days (2 years).

So, person from your example staying in Canada for full 2 years after
landing in 2005 will be able to leave in 2007 but only for 3 years or less.
If person leaves for 3 years in 2007 then s/he will have to return to Canada
not later than 2010 and remain here for the next 2 years without leaving
even for 1 day. And so on - you do the math.

__________________

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email:
(delete REMOVE from the above address before sending email)
________________________________

"rvsw" <> wrote in message
news:...
    > Interested friends keep on asking this question -
    > The 2/5 yr rules states that a person can stay for 3 yrs outside
    > canada in any 5 year period.
    > Does this mean that
    > a) an applicant gets his PR in 2005. From 2005 - 2007, he stays in
    > Canada
    > b) From 2007 - 2013 - he stays outside Canada - thus staying 3 year
    > outside Canada for the first period and another 3 years outside Canada
    > for the second period
    > c) From 2013 onwards - he returns and stays in Canada until 2015.
    > Is this possible

01-12-2004, 12:51 AM

Andrew Miller wrote:
    >
    > Nope. It is not possible.
    >
    > "Every 5 years period" is counted in the following manner:
    >
    > 1. First 5 years period is counted forward from the day of landing
    >
    > 2. After first 5 years from landing every subsequent 5 years period is
    > counted backwards - 5 years back from the day of counting (entry to Canada,
    > application for new PR card, application for Travel Document, etc.). In
    > every such period PR must reside in Canada for at least 730 days (2 years).
    >
    > So, person from your example staying in Canada for full 2 years after
    > landing in 2005 will be able to leave in 2007 but only for 3 years or less.
    > If person leaves for 3 years in 2007 then s/he will have to return to Canada
    > not later than 2010 and remain here for the next 2 years without leaving
    > even for 1 day. And so on - you do the math.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email:
    > (delete REMOVE from the above address before sending email)
    > ________________________________
    >
    > "rvsw" <> wrote in message
    > news:...
    > > Interested friends keep on asking this question -
    > > The 2/5 yr rules states that a person can stay for 3 yrs outside
    > > canada in any 5 year period.
    > > Does this mean that
    > > a) an applicant gets his PR in 2005. From 2005 - 2007, he stays in
    > > Canada
    > > b) From 2007 - 2013 - he stays outside Canada - thus staying 3 year
    > > outside Canada for the first period and another 3 years outside Canada
    > > for the second period
    > > c) From 2013 onwards - he returns and stays in Canada until 2015.
    > >
    > > Is this possible

To put it slightly differently ...

In the first 5 years, you must be in Canada for at least 2 years.

Starting with the first day of the 6th year and every day thereafter,
you must have been in Canada for at least 2 years during the previous 5
years.

It's not 2 years for the first 5 years, and then 2 years for the next 5
years and so on. It's a continuous measurement. That means you can't
say as you seem to want ... 2 years in, 3 years out, 3 years out, 2
years in. This is because as of the first day of the 6th year, you will
have been out for 3 years and a day in the previous 5 years.

01-13-2004, 02:21 AM

Hi:
No. The 2/5 rule is for every 5 years. If doing like you said, he will
break the 2/5 rule in 2010, because he already stay more than 3 years in
the 5 year of 2007--2012.

rvsw wrote:
    > Interested friends keep on asking this question -
    > The 2/5 yr rules states that a person can stay for 3 yrs outside
    > canada in any 5 year period.
    > Does this mean that
    > a) an applicant gets his PR in 2005. From 2005 - 2007, he stays in
    > Canada
    > b) From 2007 - 2013 - he stays outside Canada - thus staying 3 year
    > outside Canada for the first period and another 3 years outside Canada
    > for the second period
    > c) From 2013 onwards - he returns and stays in Canada until 2015.
    >
    > Is this possible