Me and my spouse landed in Canada in April 2005 and stayed there for 1 week before returning back to the US. We have our PR cards and SIN's and have a bank account in Canada.

I am aware of the 2 yrs in 5 yrs rule to meet the Residency requirment. From my point of reasoning that would mean that I would need to return back to Canada before April 2008 and stay there permanantly for at least 2 + yrs.

So my plan would be to move to Canada permanantly in January 2008 if my US PR doest come through by then (no if or buts about that). I would want to give a few months margin in case I need to travel on business etc.

Only complication is that my wife is pursuing a degree in the US where she will not graduate before January 2009. We are willing to live apart for 1 yr until she finishes her program and joins me in Canada. It simply doesnt make sense to leave the course midway.

Now I'm aware that she will probably legally lose her PR status because of not mtg the 2/5 yr reqt. However I wanted to seek any advice on what would be the best way to address our situation. I can think of the following options.

1) Take our chances and ask her to fly directly to Toronto and hope no one finds out that she has not met the res reqts. I am aware that if they do find out they would allow her to enter pending a hearing.

2) Re file for her PR as my spouse as soon as I come to Canada in Jan 2008. The processing may take a few months and she may have her PR by the time she is ready to join me.

Would appreciate any help or if anyone would like to poke holes or be a devils advocate in my plan.

Thanks

Massood, BlueLobster, looking forward to your opinion this . Please provide your advice and suggestions.
Thanks

>>
I am aware of the 2 yrs in 5 yrs rule to meet the Residency requirment. From my point of reasoning that would mean that I would need to return back to Canada before April 2008 and stay there permanantly for at least 2 + yrs.
<<

I was under the impression, the Residency requirment was 3/5. Could you guys please confirm if the rule is 2/5 and not 3/5.

texancanadian, you reckon such a risk is worth taking???! You bet, they're gonna STOP! your spouse the second she steps up the Immigration counter!! Methinks not right decision. Right decision, though, to move into Canada in 2008 to legally maintain your status of 3yrs absence in 5yrs but not sure how your second choice would play out. You may need steers from other desis.

This is indeed a complicated case. As for the time required to maintain PR, this is from CIC web site:

Permanent Residence Status
Now that you are a permanent resident of Canada, you have certain rights. You also have some obligations.

You will not lose your permanent residence status unless you spend too much time living outside of Canada. You must live in Canada for two years in every five year period.

I would better leave it to someone like Mr. Massood to answer the remaining.

theyu have very strict about the time . you have to do 3 yrs out of 5 to keep your pr

Hi Texancanadian,

This column belongs to Mr. Massood. Till he gets time to reply you may like to consider following:

<<1) Take our chances and ask her to fly directly to Toronto and hope no one finds out that she has not met the res reqts. I am aware that if they do find out they would allow her to enter pending a hearing.>>

Till she has her PR card she can just drive in or fly in. You are right that in any case she gets to enter. At the time of renewal of PR card they may consider the 2/5 rule and make some noises. However, till then what is the choice? If she wants to join you, she has to join you.

<<2) Re file for her PR as my spouse as soon as I come to Canada in Jan 2008. The processing may take a few months and she may have her PR by the time she is ready to join me.>>

She is already a PR and her PR card is valid till April 2010. You will not be required to file for her PR when she is already a PR. In worst case scenario, they allow her to enter, she gets to file an appeal, which should not be a problem seeing that she was pursuing her studies. You may like to use services of a good immigration lawyer then. In any case if she loses her PR, you can file sponsorship right away, and normally she should get to stay in Canada till she gets her PR. (The whole scheme of things sounds rather stupid)

Main idea is that there is nothing to worry about, just a little risk of some harassment and some documentation. That is all. Not at all worth worrying for three long years.

However you may like to read rules regarding this, using this
http://www.cic.gc.ca/english/irpa/fs-residents.html