Issuance of visas and processing of permanent resident status are handled by two different Canadian ministries
You receive permanent resident status when you cross the Canadian border with immigration visas. The final decision on whether to grant you permanent resident status is made by an immigration officer at the port of entry. It is worth noting that typically there are no issues with obtaining permanent resident status upon entry.
It is also important to note that the issuance of visas and the processing of permanent resident status are handled by two different ministries. In the first case, the review of your application and issuance of immigration visas is carried out by the Ministry of Citizenship and Immigration Canada (CIC), while the verification of your documents at the border and the decision to grant you permanent resident status are handled by the Canada Border Services Agency (CBSA).
Immigration Visas and Entry into Canada
It should be remembered that an immigration visa has a limited validity period, and you must enter Canada within that period. You cannot enter Canada if your immigration visa has expired. This period cannot be extended, so you must understand how important it is to enter on time; otherwise, the entire immigration process you have undergone will be in vain.
What happens if the immigration visa expires and you were unable to enter the country? In this case, you lose the right to enter Canada and lose the right to obtain permanent resident status. To obtain new immigration visas, you must go through the immigration process again. The fact that you already successfully completed the immigration process is not taken into account, and there is absolutely no guarantee that you will be issued immigration visas again. Therefore, if you have received them, do everything to enter Canada and obtain permanent resident status.
Here are some official requirements to keep in mind:
1. All who are issued immigration visas must enter Canada before the expiry date (which is indicated on the visas). Those who let their visa expire lose the right to enter Canada and consequently lose the right to obtain permanent resident status.
2. All family members, regardless of age (including infants), must enter Canada because permanent resident status is granted individually, not to the family as a whole.
3. The family member who applied as the principal applicant must be the first to enter Canada on immigration visas. The other family members may enter at the same time or sometime after, but never before. For example, if the wife was the principal applicant, the husband cannot enter Canada first to prepare conditions for the rest of the family. In this case, either the entire family must enter together, or the wife must enter first, and the rest can enter when convenient, together or individually. The main thing is that they enter before their immigration visas expire.
Duration of Your Stay in Canada
Permanent resident status gives you the right to stay in Canada indefinitely, to work on equal terms with other residents, to conduct business, and to enjoy all social benefits.
At the same time, you remain a citizen of the country of which you are a national and can return there at any time. In other words, obtaining permanent resident status is merely permission to stay in Canada indefinitely, provided you meet certain requirements.
What are these requirements?
The main requirement is that you must not commit unlawful acts. If you commit criminal offenses, you will likely be stripped of your permanent resident status and deported from the country.
Another requirement is the mandatory time of your physical presence in Canada. According to the IRPA, in order not to lose your Canadian permanent resident status, you must be physically present in Canada for at least 2 years out of the last 5 years. If you violate this rule, you will likely be stripped of your permanent resident status.
It is worth noting that if you fall short of the required time in Canada, in some cases, you may be able to retain your permanent resident status at an immigration tribunal. In such a situation, immigration authorities consider many factors, including the reasons for your absence, the strength of your ties to Canada, your intention to reside permanently in Canada in the future, etc. However, you must have strong arguments that the immigration tribunal will take into account.
Now, regarding how long you can expect to stay when entering Canada on an immigration visa. The answer is: as long as you find convenient. The main thing to remember is to fulfill the requirement of being in Canada for at least 2 out of the last 5 years.
In principle, all you need to do when entering Canada on immigration visas is to go through immigration control, during which an immigration officer will grant you permanent resident status and fill out forms for obtaining a PR card (a document confirming your permanent resident status and allowing you to enter Canada without restrictions). This process usually takes no more than half an hour, after which you are free to do whatever you want. Theoretically, you could leave Canada immediately after immigration control and return only after three years.
In practice, it is advisable to also obtain a SIN — social insurance number. This is an identification number that all Canadian residents have, and it is required primarily when applying for a job. This number can be obtained at any office of the Ministry of Human Resources and Skills Development. The application itself also takes no more than half an hour. Your PR card and SIN will be mailed to you at the address you provide when applying (the address must be within Canada).
So in reality, it will be enough for you to come for the first time on an immigrant visa for just a few days, and then enter Canada for permanent residence whenever it is convenient for you.
Permanently or temporarily
Since, according to the provisions of the IRPA law, a permanent resident of Canada can be absent for up to 3 years out of 5 without risk of losing their status, this gives new immigrants enough time to settle their affairs at home and prepare for the final move to Canada.
That is, you do not need to immediately move to Canada for permanent residence. You can come to Canada, obtain permanent resident status at the border, spend some time in the country to familiarize yourself with the conditions, perform the most basic tasks (e.g., get a SIN, open a bank account, get a driver's license), and then leave. After that, you can freely enter Canada at any time and for any duration. The main thing is that your total absence from Canada does not exceed three years within a five-year period.
The advantages of the option where you enter Canada only to obtain permanent resident status and postpone the final move for later are as follows:
— You calmly complete all the affairs that you and your family members have left at home (finish studies or contract work, sell or change the mode of operation of your business, etc.). That is, you move when it is convenient and advantageous for you.
— You have time and opportunities to settle in Canada, purchase real estate, find a job or organize a business in advance.
The disadvantages of this option include:
— Time passes, and the later you start settling in a new country, the more opportunities you miss, and the more difficult it will be to do so in the future. This is especially important for children.
— You delay the time to obtain Canadian citizenship, since the period of your absence is not counted toward the time required to be eligible to apply for citizenship.
— This option requires additional expenses related to travel, hotel accommodation, etc.
What considerations should guide your choice of this option? If you have a good job or business that brings you good money (by Canadian standards), and you are not very confident that you can quickly find something similar in Canada, then it is reasonable to postpone the final departure for some time. This will give you the opportunity to accumulate a cash reserve and better prepare for the job search in Canada. In other cases, it is better to start life in Canada as early as possible.
Also read related material: HOW TO LEAVE FOR CANADA