I along with wife and two kids are permanent residents of Canada. We are in Canada for the past 1 year. Due to some unforseen circumstances, my wife and my kids might have to go back to India.
If they do not come back to Canada and are unable to complete the 2 of 5 years (required to re-apply for PR the next time), would they lose their PR? Please note that I am the principal applicant in this case.
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this information and knowing how your family can maintain their permanent residency.
We have previously received some information from one of our legal researchers related to which days or periods are considered for meeting the residency requirements.
According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static.
Rather it is a move-able window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.
Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination.
Regarding the time you spend outside, you can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry,
and
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.
If you have concerns about meeting your family’s residency requirements, it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your family’s 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.