Living abroad with Canadian Citizen wife

[satd.]

Hello
I have landed in Canada last month and i am going back with my Canadian citizen  wife to my country. we have no plan to return back to Canada.i just want to know if i live outside Canada with my Canadian citizen spouse for 4.5 years just came back to Canada once in every year for holidays (2,3 weeks)  and then come  to Canada for PR renewal after 4.5 years  am i able to get it?also do i face any problem in entering to Canada at airport? i heard that living outside of Canada with  Canadian citizen wife count as living in  Canada. Is it true?

Also living abroad with  Canadian wife makes me eligible for citizenship after 3 years?

Appreciate your  reply

Regards

[Leon]

Living with a Canadian spouse outside Canada will protect your PR but it will not give you the right to apply for citizenship. 

[Goutham]

I was under a same situation and successfully renewed my PR card. You need to make sure you attach documents showing your wife citizenship, your marriage certificate and a letter from your wife stating you were with here at the same address during your stay outside Canada. All documents need to be notarized.

But since the PR card process takes a long time  you also need to plan accordingly or state the reason why you need PR card urgently along with evidence like booked tickets.

For applying for citizenship you need again stay inside Canada for 3 years.

[rizmansoor]

Hi Goutham,

I have a similar situation and would really apprecite if you could update me on the following:

a) how much time does the PR renewal takes
b) Do you have to go to Canada to apply for renewal or you can do it from outside
c) do they call for interview?

Thanks

[Leon]

a) how much time does the PR renewal takes
b) Do you have to go to Canada to apply for renewal or you can do it from outside
c) do they call for interview?

a) Currently 142 days, see http://www.cic.gc.ca/english/information/times/perm-card.asp but you could ask for it to be expedited if you have travel plans and can show tickets to prove it.

b) You must be in Canada to renew your PR card, you can not do it from outside.

c) When your PR card is ready for pickup, you will be notified of the time, date and place you should come to in order to pick it up.  There are cases where they have at that point refused to hand over the PR card if they believe you don't meet the residency requirements for example.  If they do, you would have to wait for a second interview to explain your case.

[jiyamano]

Dear Leon
can you send me cic link  saying that if some one live with canadian spouse abroad can meet the PR obligations.
Regards

[Leon]

Dear Leon
can you send me cic link  saying that if some one live with canadian spouse abroad can meet the PR obligations.
Regards

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

[jiyamano]

Thanks Leon. Really  appreciate it.
Regards

[rizmansoor]

Thanks Leon,

Really appreciate the help. One more relevant question, what are the tax implication in relation to this. Does my wife has to declare that she is non resident. Do they corelate your tax and PR records.

Thanks and regards,

[slah]

There is no obligation to be in Canada to renew the PR card
This is according to CIC operational manual and the regulations for the immigration act.

You can not apply in a VISA center/embassy/consulate abroad.
You must provide a CDN mailing address for correspondence.
And you must pick the card in person IN Canada.


ENF 27 R56(2)
Applications cannot be refused solely on the basis of
evidence that the applicant was not in Canada when the application was filed.

ENF27:

R56(2) states clearly that a PR card application must be made in Canada. Furthermore,
the card must be delivered in person to each applicant, pursuant to R58(3), and be
picked up within 180 days of the person receiving notification that it is ready for collection.
This enhances the integrity of the application process, allowing the local office to contact
the client to review documentation and assess residency issues in person. However, it is
recognized that the Regulations do not specify physical presence in Canada for purposes
of filing a PR card application. http://[flash=200,200][flash=200,200][u]Applications cannot be refused solely on the basis of
evidence that the applicant was not in Canada when the application was filed. However,
applicants are expected to provide an address in Canada where they may be contacted [/u][/flash][/flash]
to provide additional information or to present themselves in person for the purposes of
reviewing either identification or eligibility for the PR card. The CPC may refer a case to a
local CIC if all or part of the application originated from outside Canada, and if there are
questions as to the client's identity, status or residency history, or the authenticity of the
documentation. Clients must report in person to pick up their card in Canada, in
accordance with R58(3

[gogosam]

I was under a same situation and successfully renewed my PR card. You need to make sure you attach documents showing your wife citizenship, your marriage certificate and a letter from your wife stating you were with here at the same address during your stay outside Canada. All documents need to be notarized.

But since the PR card process takes a long time  you also need to plan accordingly or state the reason why you need PR card urgently along with evidence like booked tickets.

For applying for citizenship you need again stay inside Canada for 3 years.

[gogosam]

Hi Guys,

I have the same situation..I am a us citizen just got my PR through my canadian wife who lives in usa with me. I am leaving canada to live with her in USA. I understand that days lived with her will be considered as I lived in canada and my PR STATUS WOULD not be affected. But if I want to be a citizen of canada I have to live in canada for 3 yrs in last 4 yrs continuously. Is this true? My days lived with my canadian wife are not counted as lived in canada right?

[YorkFactory]

Hi Guys,

I have the same situation..I am a us citizen just got my PR through my canadian wife who lives in usa with me. I am leaving canada to live with her in USA. I understand that days lived with her will be considered as I lived in canada and my PR STATUS WOULD not be affected. But if I want to be a citizen of canada I have to live in canada for 3 yrs in last 4 yrs continuously. Is this true? My days lived with my canadian wife are not counted as lived in canada right?

Yes.  Accompanying a Canadian spouse/partner abroad counts only for preserving permanent residence and not towards citizenship.

[fastian]

Hi guys,

there is a document on the CIC website that says:

7.5. Accompanying a Canadian citizen outside Canada
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,
ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,
provided that the Canadian citizen they are accompanying is a spouse or common-law partner or
parent.
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not
necessary to determine who is accompanying whom, nor is it necessary to determine for what
purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is
accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as
the residency obligation is met.
For the purposes of A28(2)(a)(ii) and A28(2)(a)(iv), R61(6) defines a child as being a child of a
parent referred to in those subparagraphs who is not and has never been a spouse or commonlaw
partner and is less than 22 years of age.

here is the link
http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf