A permanent resident complies with the residency obligation provisions if, for at least 730 days with respect to every five-year period, the permanent resident is physically present in Canada, or: • is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent; • is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; • is outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; • is referred to in regulations providing for other means of compliance; or • humanitarian and compassionate considerations, taking into account the best interests of a child directly affected by the determination, justify the retention of the PR status and overcome any breach of the residency obligation prior to determination. You do not automatically lose your landed immigrant (permanent resident) status in Canada. You have several options. (i) If you still have your valid PR card, you may be allowed into Canada. However the officer may ask you about your absence. Always be 100% truthful. If the officer is satisfied, he/she may let you in. If not, you will be given appeal options. You will need to show compelling reasons that kept you out of Canada. Simply stating that you had no job opportunities here, is not going to be sufficient. Worse come to worse, your wife can sponsor you back into Canada. Your wife and children will be eligible to apply for citizenship once they have lived in Canada for three years. If your wife is with you outside Canada, your days are counted towards preserving and renewing your PR card [as long as she is with you]. OTHER OPTIONS IF PR CARD EXPIRES (ii) You may apply for a Travel document (a one time visa) at a Canadian embassy or consulate in your region to be allowed back into Canada. An officer will look at your history and other circumstances and determine whether you should be allowed back into Canada or whether you have lost your permanent resident status in Canada. If the officer determines you have lost your resident status, you will have the right to appeal the decision. You will most probably have to contact a lawyer in Canada who can advise you further. Your chance of succeeding looks quite good because there are sufficient humanitarian and compassionate grounds. You will have to provide very good reasons why you did not return to Canada. You may be allowed to enter Canada for the purposes of the appeal. Some of the guidelines followed by officers based at embassies/consulates are reproduced below: When determining whether a permanent resident (PR) has complied with the residency obligation with respect to being “physically present in Canada” for 730 days within a 5 five year period, an officer must consider H&C grounds (including the best interests of a child directly affected by such a determination) prior to making a determination that the person has lost their permanent resident status. When an officer determines that humanitarian and compassionate considerations relating to a permanent resident justify the retention of permanent resident status, then such a determination will overcome any breach of the residency obligation made before the H&C determination. The Immigration Act also specifies situations where time spent outside of Canada can be deemed to be time spent in Canada for the purpose of retaining permanent resident status. The provisions governing the residency obligation are based primarily on the requirement of “physical presence” in Canada or on prescribed linkages to Canada, which include employment with a prescribed Canadian institution operating outside of Canada. The Act also prescribes circumstances wherein permanent resident spouses, common-law partners and children can maintain their status while accompanying abroad a Canadian citizen; or another permanent resident who complies with their own residency obligation and who is employed, on a full-time basis, with a prescribed Canadian institution.

Answered by ImmigrationL... at Mar 27, 2011 07:15 PM