Another question - My spouse has a blank in her surname field in her passport . . .
I do not have a response to this question.
The other question, related to what is referred to as "
Situation C" in the guide, has been adequately answered by
@canuck78 (does not apply to you). Nonetheless, I will address that further in more detail, in an effort to more fully clarify what Situation C is and when it applies.
As I mentioned, all our travels were for personal reasons and not work related. . . . I can simply classify all my exits out of the country as "Other" and I wont have any trouble meeting the residency obligation. I just want to make sure I don't get into any trouble if I do this. I did "accompany" my spouse and she was working for a Canadian employer at the time. The wording of this residency obligation is quite confusing. Any help is appreciated.
As
@canuck78 states, it is readily apparent that Situation C does
NOT apply to you.
Well, that is UNLESS your spouse was
working abroad for a Canadian business, and the
REASON you were outside Canada was to accompany your spouse while your spouse was
outside Canada pursuant to the work assignment abroad (and otherwise meeting the criteria for that exception).
Reminder: in providing information in a PR card application, in the chart for reporting travel history in Section 5.5 in particular, the column headed "
Reason for absence" is asking the PR to describe why they were outside Canada, that is, as it is headed, "
the REASON" for the absence. Personal reasons are clearly "
Other,"
not A, B, or C.
Note: Even if the description of "C" on the application form, in Section 5.5, referring to how to fill in the "
Reason for absence" column, is not entirely clear, it obviously relates to the Section 5.4 question, which more specifically states the situation qualifying for the exception, making it clear this is about accompanying a PR who is abroad for work reasons, for a Canadian business. Not just about accompanying a PR spouse or parent . . . That is, it is about accompanying a spouse or parent who is outside Canada pursuant to their work for a Canadian business.
Longer Explanation:
In particular, unless the REASON why your spouse (or you, at least one of you) was abroad was pursuant to being "
employed on a full-time basis by a Canadian business outside Canada . . . while you were absent from Canada," none of you were accompanying such a PR. Since you state (as I understand your posts) the reason for being abroad was not work related (for either you or your spouse), there is no doubt, it is clear that reason "C" was
NOT the reason any of you were abroad, and Situation C would in NO way be applicable for any of you.
I agree that wording in guide IMM 5445, describing Situation C, might be a little awkward, perhaps a little confusing. However, frankly, looking at it
in context should readily clear up any confusion. Here's the gist of it:
If the REASON for a PR's absence is pursuant to an assignment abroad by the PR's Canadian business employer, so that PR qualifies for credit toward meeting the PR Residency Obligation while abroad, THEN (this is "Situation C") that PR's family members (spouse and dependent children) also qualify for credit toward the RO for that time abroad, so long as the REASON for those family members being abroad is to accompany the PR on assignment abroad.
For assurance/confirmation: Apart from this, apart from what it says in the guide, in the form itself or its accompanying instructions, all the available information about the PR RO (see, in particular, section 28(2)(a)(iv) IRPA) makes it clear there is no exception to the PR RO that will allow credit based on married PRs traveling abroad together (accompanying one another). Easy to dismiss any interpretation of the guide and instructions to the contrary of that.
Thus, despite the awkward wording regarding Situation C, in context it should be abundantly apparent that Situation C is NOT about accompanying just any PR, but about accompanying a PR who is abroad in the employ of a Canadian business, abroad as assigned abroad. (
Caution, for the broader context: even then, the qualifying criteria for who is abroad in the employ of a Canadian business is narrow and strictly applied, so any PRs relying on this credit, including those family members accompanying the PR employed abroad, should very carefully determine if they will qualify before relying on this exception.)
For Reference:
Situation C is about the exception allowing credit for time outside Canada set out in Section 28(2)(a)(iv) IRPA, which is the applicable statutory provision. It states that days get credit toward the RO if the PR is:
. . . 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
Some Further Observations:
It appears the description of "Situation C" you quote is from the appendix in the PR card application guide,
IMM 5445 (should link), and the section which describes the "
situations" in which a PR will be allowed credit toward meeting the PR Residency Obligation for time outside Canada, and describes the evidence (supporting documents) to submit with the application to show the PR qualifies for this credit.
@canuck78 correctly notes that this information you quoted, from the appendix and regarding "
Situation C" in particular, does not apply to your situation, and I agree (as discussed above).
Moreover, as
@canuck78's observation about meeting the PR RO based on presence in Canada suggests, the information in that part of the appendix is also not relevant for you since you do NOT need to submit supporting documents to prove you qualify for the exception described as "
Situation C." That is, even if you qualified for the credit (say your spouse was abroad for the purpose of an assignment by your spouse's Canadian business employer), since you were physically present in Canada for more than 730 days (not outside Canada for more than 1095 days), there is no need to provide the documentation described in the appendix for "
Situation C." (Note, this part of the appendix is about what to include with the application, as referenced in the checklist, if the PR was outside Canada for more than 1095 days during the relevant five years: supporting documentation to show the PR qualifies for one of the
situations allowing credit toward the RO for days outside Canada.)
I would quibble a little with the explanation beyond that, mostly for clarification and to avoid any further confusion about the Situation C exception.
@canuck78 states:
Situation C is for those who don’t meet their RO but have been accompanying their spouse (who is a citizen or PR who meets their RO) outside Canada. They can usually count their time abroad accompanying their spouse towards their RO.
Situation B applies if the PR is accompanying a spouse or parent who is a Canadian citizen. That's a different credit, a different exception. It is based on Section 28(2)(a)(ii) IRPA.
Situation C applies if a PR is accompanying a spouse or parent who is a PR and who qualifies for the credit allowed a PR
working-abroad-for-Canadian-business (or for Canadian government administration or public service). Again, this is based on Section 28(2)(a)(iv) IRPA, and depends on accompanying a PR who meets the criteria for Section 28(2)(a)(iii) IRPA. In effect, qualifying for credit in Situation C depends on accompanying a spouse or parent who meets Situation A as described in the form, instructions, and the guide.
Example:
PR spouse H is assigned to spend two months in Geneva, Switzerland representing H's Canadian business employer. This meets Situation A, so H would qualify for RO credit for those two months. If H's PR spouse W accompanies H for this, that fits Situation C, and W also qualifies for RO credit those two months.
When applying for a new PR card, H will select "A" from the drop down box as the reason for this time outside Canada.
When applying for a new PR card W will select "C" from the drop down box as the reason for this time outside Canada. W does this even if W otherwise has enough days in Canada to meet the RO without the credit. W will need to submit evidence/documents to support getting credit for this time outside Canada ONLY if W was not in Canada at least 730 days.
