Question on Status

[crama1234]

My wife received invite for taking Citienship KnowledgeTest. We are outside Canada since August 2019. We originally booked return tickets to Canada with a plan to come back to Canada in April 2020. However due to Covid Situation our travel plans were postponed and we do not know for sure how early we would be back. We had a 2 year old boy and a 6 year old boy, we do not want to take any risk of travelling with them in these difficult situations. Myself and both children are Canadian Citizens. But my wife is permanent resident and her PR Card was expired in August 2019 and to travel back and we will have to apply for a PRTD. But we are worried that we may be not qualified for PRTD application after june as she will not meet the 2 years physical presence requirement in the last 5years to renew my PR if she could not travel before June.

Any adivse on our options is much appreciated.

 

[mashulia_26]

My wife received invite for taking Citienship KnowledgeTest. We are outside Canada since August 2019. We originally booked return tickets to Canada with a plan to come back to Canada in April 2020. However due to Covid Situation our travel plans were postponed and we do not know for sure how early we would be back. We had a 2 year old boy and a 6 year old boy, we do not want to take any risk of travelling with them in these difficult situations. Myself and both children are Canadian Citizens. But my wife is permanent resident and her PR Card was expired in August 2019 and to travel back and we will have to apply for a PRTD. But we are worried that we may be not qualified for PRTD application after june as she will not meet the 2 years physical presence requirement in the last 5years to renew my PR if she could not travel before June.

Any adivse on our options is much appreciated.

Between the date you file your application for Canadian citizenship and the ceremony date when you take your Oath of Citizenship, you must maintain your permanent resident status. If for whatever reason, you lose your PR status before the date you are to take your Oath of Citizenship, then you cannot become a citizen.

 

[rajkamalmohanram]

My wife received invite for taking Citienship KnowledgeTest. We are outside Canada since August 2019. We originally booked return tickets to Canada with a plan to come back to Canada in April 2020. However due to Covid Situation our travel plans were postponed and we do not know for sure how early we would be back. We had a 2 year old boy and a 6 year old boy, we do not want to take any risk of travelling with them in these difficult situations. Myself and both children are Canadian Citizens. But my wife is permanent resident and her PR Card was expired in August 2019 and to travel back and we will have to apply for a PRTD. But we are worried that we may be not qualified for PRTD application after june as she will not meet the 2 years physical presence requirement in the last 5years to renew my PR if she could not travel before June.

Any adivse on our options is much appreciated.

As far as her Residency Obligation as a PR is concerned, she is in the clear IF you can prove that 'she followed you' outside Canada (and not the other way round). For example, YOU got a job offer outside Canada and hence she had to follow you to stay abroad. You should explain this and provide evidence when applying for PRTD. The law is clear.

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-28.html

• 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
• Marginal note:Application
  (2) The following provisions govern the residency obligation under subsection (1):
  • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
    • (i) physically present in Canada,
    • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
    • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
    • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
    • (v) referred to in regulations providing for other means of compliance;

So, I think she is safe from the Residency Obligation standpoint. She would get her PRTD approved and you guys can move back to Canada.

Since she already has applied for Canadian Citizenship AND the requirement is to maintain the PR status until the time of oath, which she has by residing abroad with a Canadian spouse, I think she should be in the clear.

If asked, clearly explain your situation and like I said before, the story and the evidence should point to 'she-followed-you' outside Canada.

Good luck!

 

[Das67]

As far as her Residency Obligation as a PR is concerned, she is in the clear IF you can prove that 'she followed you' outside Canada (and not the other way round). For example, YOU got a job offer outside Canada and hence she had to follow you to stay abroad. You should explain this and provide evidence when applying for PRTD. The law is clear.

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-28.html



So, I think she is safe from the Residency Obligation standpoint. She would get her PRTD approved and you guys can move back to Canada.

However...

I don't think she might be able to use this time for applying for Canadian citizenship. She can come back to Canada with valid PR status, complete her duration of physical presence in Canada (1095 days in a 5 year period) and then apply for citizenship.

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



This is only my opinion. I'll let others share their opinion as well!

Good luck!

OP said his wife has a pending citizenship application and she has been invited to take the test.

 

[rajkamalmohanram]

OP said his wife has a pending citizenship application and she has been invited to take the test.

Whoops! I'm not sure how I missed that. Thanks for pointing it out. I'm updating the post above to reflect the correct answer!