Hi there,
I am working on my PR card renewal. After filling the part on time spent outside Canada the system automatically calculates:
- Total time spent outside Canada
- Total time spent outside Canada due to reason A, B, C
- Total time spent outside Canada excluding A, B, C: this is underlined in blue
To be on the safe side, shall I consider the total time spent outside Canada EXCLUDING A, B, C?
I am asking because I will need to re enter Canada and I would not rush my trip there if you think that I am alright with calculation of time spent outside Canada due to reason A, B, C (in my case it is B).
Thank you for your help!
You have discussed making a PR TD application earlier this summer, relying on credit for days accompanying a citizen spouse abroad. The outcome of that application should be a big clue in regards to how IRCC assesses your claim to Residency Obligation credit based on days abroad accompanying a Canadian citizen spouse (situation "B" referenced in PR card and PR TD application).
Days you are abroad that meet the qualifying requirements for the accompanying-citizen-spouse credit count toward the RO just like days IN Canada. The question is whether or not the PR actually qualifies for the credit. Generally a PR living abroad with a Canadian citizen spouse will get this credit for the days they are "
ordinarily residing" together. While there are some exceptions, as long as you were settled and living in Canada, and living together with your Canadian citizen spouse in Canada,
before moving abroad, there should be no problem qualifying for this credit . . . subject to you providing sufficient evidence, "
proof," as described in the Guide Appendix A under situation "B."
That said . . .
That said . . . Obviously the safest approach to the PR Residency Obligation is to settle and live in Canada, and thus to always be in compliance based on days actually present IN Canada.
Many do not do this. Reasons vary widely. Personal reasons for days outside Canada are not relevant (do not matter) so long as the PR complies with the PR RO.
As referenced, some days outside Canada are allowed the same credit toward RO compliance as days IN Canada. In particular, days outside Canada for certain reasons will count as if they were days IN Canada. In general terms these are described as situations A, B, and C in the PR and PR TD application form. PRs who meet the requirements for the respective credit will be given such credit.
These credits are considered exceptions and thus are subject to some degree of elevated scrutiny. Qualifying for credit based on reasons "A" and "C" can be very tricky. Qualifying for "B" mostly depends on proof of relationship, proof of spouse's Canadian citizenship, and proof of co-habiting abroad; as noted, there generally is no problem unless the PR was not settled and living in Canada with their spouse prior to living abroad. The burden of proving the PR meets the qualifying criteria is, of course, on the PR. Which is true in regards to proving days in Canada as well.
