Residency requirements and living abroad with Canadian Citizen. Please help

[cheerup]

Hi all, I need some clarification on Section 7.5 of ENF as noted below. Does Canadian Citizen have to have an employment with Canadian business outside of Canada or this section does not require that?

If I have more than 730 days left in my first five years after getting PR, and my wife who is Canadian citizen joins me in U.S, would I retain my PR status and would be able to have it renewed on expiration. Thanks.



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.

 

[keesio]

As far as I know, the only requirements are that you are living with a Canadian citizen in the same residence and that Canadian is your spouse/partner or parent (if you are a minor). There is no other requirement like having to be employed or anything else. This only applies for PR days and NOT citizenship days (if you were applying for citizenship).

So yes, if your Canadian wife joins you in the US, you would maintain your PR residency obligation as one day outside of Canada living with your wife would be the same as one day living in Canada for you. Note that your PR status never really "expires", just your PR card. You should be able to renew it, though I think it may be a bit of a pain to renew it outside of Canada.

 

[cheerup]

Thanks!

This is big relief. What I understand from your reply is that it does not matter if I have more than 730 left in first five years or not, if I don't travel to Canada. Lets say if I have only 100 days left and I am joined by Canadian wife, I am good. I can apply for PR renewal outside when I need to go back to Canada. correct?.

Thanks.

 

[keesio]

If you are living with your Canadian wife, it will count towards your RO regardless of where you live. The only time you need to be worried about if you meet your 730 in 5 year requirement (this period is a rolling 5 years) is when you try to re-enter Canada or when try to renew your PR card. That 730 can be days living in Canada or days living with your Canadian wife abroad (or both).

I think you can try to renew your PR card outside Canada. The issue is I don't think they will mail your card outside Canada. But that's ok, you just need to provide a mailing address in Canada (like a relative or friend) and have them forward it to you later.

 

[cheerup]

Much appreciate your help. Thanks.