PR: Intention to Leave Canada for a Long Time

[Bolduin]

Good afternoon.

We landed in Canada one year ago and received PR status.

After being 1 year in Canada we need to go back to the home country because of family circumstances. Most likely we will spend there a year or two.

In that case can we come back to Canada without any problems within 5-year window?

What formalities do we need now to do here in Canada before leaving?

We are currently receiving child benefits, GST/HST return.

Do we need to inform CRA or any other institutions about our intention to leave Canada?

Is there a necessity to close all the banking accounts and credit cards?

Thanks for your response in advance.

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

It is great that you are looking into this type of information.

Regarding your first question,

In that case can we come back to Canada without any problems within 5-year window?

Generally, to find out if someone has fulfilled their residency requirements, each time a Permanent Resident re-enters Canada, the Officer will count back 5 years from the date the permanent resident has re-entered Canada.

In that 5 year period, if the permanent resident has not accumulated 2 years (730 days) of physical presence in Canada, then it may be determined that the permanent resident has lost their PR status.

You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry,

2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.

and

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.

It is your responsibility to ensure that you are fulfilling your residency obligation.

In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:

*Airplane tickets/boarding passes
*Bus tickets/boarding passes
*Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada
*Hotel receipts

And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.

According to the the Citizenship and Immigration Canada Operations Manual - Chapter ENF 23 - Loss of Permanent Resident Status,

Put simply, this means that the permanent resident bears the full responsibility of demonstrating - with supporting documentation as considered necessary by an officer -that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.

The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.

Regarding your second question,

What formalities do we need now to do here in Canada before leaving?

You may need to hold any mail or have any mail you are receiving redirected to another address where someone can receive your mail and inform you of what is being received.

You may also need to look into some type of health insurance as their are certain eligibility requirements in relation to provincial health coverage when leaving a province.

Regarding your third question,

We are currently receiving child benefits, GST/HST return. Do we need to inform CRA or any other institutions about our intention to leave Canada?

Regarding the Canada Child Benefit, to be eligible for the Canada child benefit (CCB), you must meet all of the following conditions:

-You must live with the child, and the child must be under 18 years of age.
-You must be primarily responsible for the care and upbringing of the child.
-You must be a resident of Canada for tax purposes.

Regarding taxation, you can find some information on the Government of Canada website in the Living abroad – A Canadian’s guide to working, studying, volunteering or retiring in a foreign country section.

Here is an excerpt,

Your tax obligations while living abroad depend largely on whether you’re a resident or non-resident of Canada. Your status is determined by a number of factors, including the purpose and permanence of your stay abroad, the duration and frequency of your visits to Canada and whether you’ve severed your residential ties with Canada. Be sure to review your situation with the Canada Revenue Agency (CRA) to avoid surprises.

Regarding your fourth question,

Is there a necessity to close all the banking accounts and credit cards?

With online banking, it may be possible to manage your accounts and payments while outside Canada. It would be important to keep up with your payments and keep an eye on your account activity.

It may be best to contact your financial institutions as well for some further information regarding this type of situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org