Physical Presence Requirement with new Common-Law Partner

[MountainLife]

Hi there,

I'm a PR sponsored by an ex-partner. I'm landed as of July 2013 and had no conditions of entry on my COPR Form and have been here since that date, except for holidays.

I've been with a new Canadian common-law partner since May 2015 and we moved in together in Canada in October 2015. She's decided she'd like to see Australia (my home country) for a 1 year working holiday visa and I've decided to go with her as I'd like to experience it together. We leave mid September. As of now it appears the law is that I can leave Canada for up to 182 days of each Calendar year (or stitch them together either side to make a full year) and keep my physical presence requirements intact.

I read recently that if a PR travels with their common-law partner overseas, those days still count towards the physical presence requirement which is great!

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5


My questions are:

- If I'm travelling with her, can I for certain stay in Australia longer than the 182 days per calendar year if she wants to stay the full year until September 2017?
- I understand that time out of the country can invite extra scrutiny from IRCC Officers upon reviewing applications. Would this be the case if I'm with her the whole time?
- I realise we're just shy of the 12 months living together requirement to be classified as common law as of now. Considering that we'll have crossed that mark by the time we're in Australia together will that be sufficient to be classified as common-law?

I also found this page on proving common-law relationship:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=347&top=14

My hope is that we'll have enough of those covered to satisfy an IRCC officer when it comes time for me to apply in late 2017/early 2018? Any other thoughts, ideas or direction on my post would be greatly appreciated.

Cheers

 

[canuck_in_uk]

I read recently that if a PR travels with their common-law partner overseas, those days still count towards the physical presence requirement which is great! ?

Hi

You are mixing up the rules for the PR Residency Obligation and the citizenship residency requirement.

Being outside of Canada with a Canadian common-law partner counts as days in Canada for maintaining your PR status. However, it DOES NOT count towards the residency requirement for citizenship (with some extreme exceptions such as the Canadian partner being posted abroad by the military, as stated in the link you posted).

 

[scylla]

Agreed with the above. You'll be able to count the time towards your PR residency requirement - but not towards citizenship. For citizenship you need physical residency in Canada.

 

[links18]

Agreed with the above. You'll be able to count the time towards your PR residency requirement - but not towards citizenship. For citizenship you need physical residency in Canada.

Actually the standard now is physical presence, which is a little different than residency. But yes, OP is confusing PR obligations with citizenship qualifications.

 

[MountainLife]

Thanks for you replies Scylla, canuck_in_uk and links18

I missed the phrase: 'Employment as a locally engaged person is not included' .... http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5

- That includes the 183 day presence requirement as well?
- Any ideas if that presence requirement will change at all while I'm away (between now and June 2017) and whether that would affect / help me in anyway?

I guess with the current laws I will return by June 2017 if there's no other option?

And to make it less confusing, is there 2 different names for the 2 physical presence requirements? (ie, to keep PR active, to be applicable for citizenship?)

Cheers

 

[scylla]

Thanks for you replies Scylla, canuck_in_uk and links18

I missed the phrase: 'Employment as a locally engaged person is not included' .... http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5

- That includes the 183 day presence requirement as well?
- Any ideas if that presence requirement will change at all while I'm away (between now and June 2017) and whether that would affect / help me in anyway?

I guess with the current laws I will return by June 2017 if there's no other option?

Cheers

The residency requirement is currently 4 out of 6 years. This is expected to change (likely sometime next year) to 3 out of 5 years. However this won't change the fact that your time spent outside of Canada won't be counted towards the residency requirement. If you want to qualify for citizenship sooner your only option would be to change your plans and spend more time in Canada.

 

[links18]

Thanks for you replies Scylla, canuck_in_uk and links18

I missed the phrase: 'Employment as a locally engaged person is not included' .... http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5

- That includes the 183 day presence requirement as well?
- Any ideas if that presence requirement will change at all while I'm away (between now and June 2017) and whether that would affect / help me in anyway?

I guess with the current laws I will return by June 2017 if there's no other option?

And to make it less confusing, is there 2 different names for the 2 physical presence requirements? (ie, to keep PR active, to be applicable for citizenship?)

Cheers

The terminology is confusing. There is a "residency obligation," to maintain your PR status, but it is really a "physical presence" requirement not a residency requirement. It is currently 2 out of every five years physically present in Canada on a rolling basis from landing. The requirement for citizenship used to be a poorly defined "residency," requirement of 3 out of 4 years prior to the date of application. In 2015, as a result of legislation passed by the Harper Conservatives, that changed to 4 out of 6 years prior to application with at least six months in each of the four years used on the basis of strict physical presence. The Liberals have proposed legislation to reduce it to 3 out 5 years prior to application--but they are keeping the strict physical presence requirement. This is still not yet law as the Conservatives in the Senate are putting up a touch of resistance. Eventually, this will likely pass and become law though.

 

[MountainLife]

Cheers for the responses,

That's something I am definitely interested in... Whether the new government is keeping the 6 month physical presence requirement. I would have thought they'd remove that along with changing to 3 in 5.

Does make it difficult for any Canadian residents that want to do a year abroad or a working holiday visa somewhere else!