Residency Obligation (Time Spent Outside Canada)

[acnmk]

Hello,

According to Option 1 of Appendix A - Residency Obligation on form IMM 5445E (11-2008), "you may count each day that you accompanied a Canadian citizen outside Canada provided that the person that you accompanied is your spouse....."
 
I would like to sponsor my wife to become a permanent resident.  I am a Canadian citizen living in the U.S. under a J-2 visa with my wife, who is a J-1 visa holder.  J-2 is a dependent of J-1, so strictly speaking, I am accompanying my wife.
 
In our case, is the statement on the top still valid?  Or, does that mean as long as we live together 2 years out of 5, the U.S. visa statuses of the sponsor and the applicant do not change anything?  Thank you.
 

[Leon]

Yes, Canada immigration will not bother with who is accompanying who.  As long as you are together, her PR is safe.

[acnmk]

Thank you, Leon!

[Hayley Newman]

Hi
did you manage to get the all clear on this issue. My canadian husband is here in the uk with me and i need to know who to notify. I only got my residency in Feb and we were already back here.
Any update would be useful. Good luck. Hayley

[Leon]

You don't have to notify anybody.  You will not have to deal with your PR being in question until you want to renew your PR card and then you write on the form that you have been accompanying your Canadian citizen husband.

[Hayley Newman]

thanks for this. I am going to canada wiht my daughter (a canadian citizen) in august but for a holiday. My res perm states that i need to be in canada by 12th aug and i have booked flights for 17th aug, so in theory the visa will have expired. do you know if this will be a problem? sorry i know thats aside from your issue.
thanks, Hayley

[Leon]

thanks for this. I am going to canada wiht my daughter (a canadian citizen) in august but for a holiday. My res perm states that i need to be in canada by 12th aug and i have booked flights for 17th aug, so in theory the visa will have expired. do you know if this will be a problem? sorry i know thats aside from your issue.
thanks, Hayley

Yes, I think it will be a problem.  So you are not really PR yet, you just have a PR visa.  You are not a PR until you use it.  If the visa expires, you might have to apply again from scratch.  Contact the Canadian embassy and ask them but really, I wouldn't risk it.  Change your flight instead.

[Hayley Newman]

Hi, I have tried to change my flights but Airtransat dont let you! I am thinking instead, of going over for a weekend in a few weeks time and doing it then. Do you think a weekend will be OK, will I have to fly into Toronto and will my husband have to be with me - he is working here in the uk! Have tried contacting Can Consulate in London but I await a reply which can takes weeks apparently.

[Leon]

If you can give the address of his family for your PR card to be mailed to, his family can mail it to you so you'll have it or you can say that you have to leave again right away and when you come back in August, show your landing documents when you arrive and then give an address for the PR card to be mailed.

I do not think your husband has to go with you but by sponsoring you from the UK, he had to show that you would be moving to Canada when you get your PR so it is possible that they will ask you where your husband is.  You should double check that.

[Carrillo]

Hello,

According to Option 1 of Appendix A - Residency Obligation on form IMM 5445E (11-2008), "you may count each day that you accompanied a Canadian citizen outside Canada provided that the person that you accompanied is your spouse....."
 
I would like to sponsor my wife to become a permanent resident.  I am a Canadian citizen living in the U.S. under a J-2 visa with my wife, who is a J-1 visa holder.  J-2 is a dependent of J-1, so strictly speaking, I am accompanying my wife.
 
In our case, is the statement on the top still valid?  Or, does that mean as long as we live together 2 years out of 5, the U.S. visa statuses of the sponsor and the applicant do not change anything?  Thank you.
 

Hello am an Australian citizen and hold a Canadian PR since 2006  been married with a Canadien Citizen for 5years.In feb  2008 we got pregnant with out 1st child.All my Family lives in Australia,so I  move back home to have our baby who was born in Nov 2008 ever since then my husband stay with me for 3mths after our baby was born.its been a 1 year and am still in Australia.Am planing in going back in Aug 2009 with my baby my husband is in Canada already .Its my PR still ok to travel back ?it exp. till 2010 and what about our baby she`s traveling with an Australian passport do i need any kind of paper to bring her into Canada?or would it be better for my husband to  come to Australia and travel with us back to Canada?my time is runing out i Dont know whats best now!...HELP PLS................ Thank-you

[Leon]

So if you have only been outside Canada for a year, you are fine to go back.  You are allowed to be outside Canada up to 3 years.  As for the child, it's better if you get the baby a Canadian passport.  On an Australian passport, you are basically bringing your baby to Canada as a tourist when they really are a citizen.  You should talk to the embassy about applying for your baby's citizenship certificate and temporary passport.