Husband PR valid if not living in canada??

[jazzyinUS]

I am a canadian citizen and am sponsoring my husband who is in US. He will not live in canada but frequently visit..I would like to know whether he needs to live in canada 2 out of 5 years to keep his PR??

thank you!!

[cchabert]

Check this from Leon:

rupeshhari is right, once you get to the point that you have spent 1095 days outside Canada within your first 5 years as PR, you will lose your PR status.  Your family will still keep their PR status and after 3 years of living in Canada, they can apply for citizenship.  Once you are ready to retire, your wife can sponsor you for PR again.

http://www.canadavisa.com/canada-immigration-discussion-board/help-on-maintaining-family-in-canada-and-working-outside-t15578.0.html;msg67259#msg67259

[ariell]

Yes, he will  need to spend 730 days (approx. 2 years) in any 5 year period in Canada.

Just curious, if he is only going to "visit", why even bother sponsoring him?

[jazzyinUS]

yeah, its because he is on H1B (work visa) and considering how the economy is in US, and how people r loosing job around us and r unable to find one easily  I thought it is best to have his PR ready for canada in case he looses his job or something...

I thought that the 2 out of 5 years residency in canada to keep PR was not applicable if the spouse is canadian citizen!!But i guess it does apply!!

thanx guys!

[Leon]

The 2 out of 5 years is not applicable if you are living together.  He is allowed to be outside Canada for 1095 days in a 5 year period and still keep his PR but time spent outside Canada with a Canadian citizen spouse is not counted.

[pendergirlie]

Except that, as a Canadian citizen sponsoring from abroad, the sponsor must show that they are coming back to Canada to settle
That doesn't sound like the case here

[Leon]

Except that, as a Canadian citizen sponsoring from abroad, the sponsor must show that they are coming back to Canada to settle
That doesn't sound like the case here

Yes, for a foreign spouse to be granted PR, the Canadian spouse needs to be either living in Canada or able to prove sufficiently to immigration that they are planning on living in Canada after PR is granted.  After he gets his PR, nobody will dictate to them where they live.

[pendergirlie]

Here's a scenario to think about
Sponsor says they will return & settle in Canada when spouse is granted PR
5 years goes by - PR spouse goes back to Canada to renew PR card
CIC looks & says...hmmm...you've never lived in Canada even though you said you were all returning to Canada when you received your PR

Food for thought, it's a privilege for Canadian spouses to sponsor from abroad, however - they really should abide by the rules
If they aren't ready to come to Canada, they should just wait until they are

[jazzyinUS]

BTW I never said that I am sponsoring from abroad..

[Leon]

Here's a scenario to think about
Sponsor says they will return & settle in Canada when spouse is granted PR
5 years goes by - PR spouse goes back to Canada to renew PR card
CIC looks & says...hmmm...you've never lived in Canada even though you said you were all returning to Canada when you received your PR

Food for thought, it's a privilege for Canadian spouses to sponsor from abroad, however - they really should abide by the rules
If they aren't ready to come to Canada, they should just wait until they are

Betcha CIC wouldn't give a 2nd thought to it.  Another scenario, they actually are moving to Canada, during the PR processing, their job offer in Canada falls through and a better job offer pops up in the US.  Nobody could fault them for not moving.  Peoples situations change.

Besides, like she said, if she's not sponsoring from the US, then it's a non-issue.  The husband will then have to spend 2 out of 5 years with her in Canada to keep his PR or she will have to spend 2 out of 5 living with him in the US.

[RobsLuv]

I am a canadian citizen and am sponsoring my husband who is in US. He will not live in canada but frequently visit..I would like to know whether he needs to live in canada 2 out of 5 years to keep his PR??

thank you!!

Your question has not been answered correctly.  If your husband is granted permanent residence he is exempt from the requirement of living in Canada for 730 days of each 5 years period as long as he is living with you, his spouse and sponsor, in another country.  As long as he is living with you it is the same thing as living in Canada and he maintains his PR status.

Appendix A: Residency obligation
Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card. The following table represents the minimum requirements.

If you have been a permanent resident for		you must
five years or more		have been physically present in Canada for a minimum of 730 days within the past 5 years.
less than five years		show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.

Time spent outside of Canada

You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your

    * spouse or common-law partner; or
    * parent, if you are less than 22 years of age.

Evidence that you are accompanying a Canadian citizen
You must provide supporting documents to prove that:

    * The person you are accompanying is a Canadian citizen; and
    * You are the spouse, common-law partner or child of that person.

[jazzyinUS]

thanx Robsluv!