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Can I count those "togethered days" till the last day we divorced?

Atia_Ali

Newbie
Aug 15, 2018
8
0
Hi experts, I'd highly appreciate if you could help me with this question:

Can I count the days spent with my Canadian husband overseas towards my P.R residency requirement just BEFORE our uncontested divorce which occurred overseas later?

I have been a Canadian P.R who spent some years in Canada and some abroad. Now need to apply for lost PR card which requires days if I was outside Canada for 1095 days or more. I need to add "togethered days" with the Canadian spouse since I stayed overseas for quite long. But we divorced recently.

Can I count those "togethered days" untill the last day we divorced?
 
Last edited:

scylla

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Hi experts, I'd highly appreciate if you could help me with this question:

Can I count the days spent with my Canadian husband overseas towards my P.R residency requirement just BEFORE our uncontested divorce which occurred overseas later?

I have been a Canadian P.R who spent some years in Canada and some abroad. Now need to apply for lost PR card which requires 1095 days for residency condition with or without the Canadian spouse since I stayed overseas for quite long. But we divorced recently.

Can I count those "togethered days" till the last day we divorced?
The residency requirement is 730 days (not 1095 days).

You can try to use the days spent with your ex overseas. You will need proof that you cohabitated during this period. Not 100% what IRCC will do in this case.

Note that you need to be physically in Canada to apply for a PR card replacement. You cannot apply from outside of Canada.
 

Atia_Ali

Newbie
Aug 15, 2018
8
0
it says on govt site:

If you were outside Canada for 1095 days or more in the past five (5) years
Provide these documents as they apply to you:

If you were accompanying a family member who is a Canadian citizen:

  • proof of citizenship for the Canadian citizen you accompanied abroad; and
  • proof of your relationship to this person; and
  • proof that your Canadian citizen spouse, common-law partner or parent was outside Canada with you.
and I was outside for more than 1095 days, with the husband. But I am not sure about the time till divorce can be counted or not. Yes, we can prove we were together. And I got my PR Travel document BEFORE the divorce. I know I will apply PR card in Canada.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
it says on govt site:

If you were outside Canada for 1095 days or more in the past five (5) years
Provide these documents as they apply to you:

If you were accompanying a family member who is a Canadian citizen:

  • proof of citizenship for the Canadian citizen you accompanied abroad; and
  • proof of your relationship to this person; and
  • proof that your Canadian citizen spouse, common-law partner or parent was outside Canada with you.
and I was outside for more than 1095 days, with the husband. But I am not sure about the time till divorce can be counted or not. Yes, we can prove we were together. And I got my PR Travel document BEFORE the divorce. I know I will apply PR card in Canada.
I'm very familiar with the residency requirement. Your original post made it sound like you thought the residency requirement was 1095 days in Canada. I was clarifying that the residency requirement was 730 days in Canada.

I am also very familiar with the family member rule. We have seen many people use it on this forum. What I can't tell you is what IRCC will do since you are now divorced. I don't believe we've seen a situation like this on the forum previously - the people who have used this rule are still married to their spouse.

If you want a definitive answer, recommend you look into hiring an immigration lawyer to assist you.
 

Atia_Ali

Newbie
Aug 15, 2018
8
0
on the govt site, it also says but I can't understand the "is" wordings properly as English is my second language:

Situation 1. Accompanying a Canadian citizen outside Canada

You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Proof needed
You must provide supporting documents to prove that:
  • The person you are accompanying is a Canadian citizen; and
  • You are the spouse, common-law partner or child of that person.
 

Atia_Ali

Newbie
Aug 15, 2018
8
0
Oh, its a new situation!

Hiring an attorney is expensive and hard to justify for this one question alone. I wish someone could answer it.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Oh, its a new situation!

Hiring an attorney is expensive and hard to justify for this one question alone. I wish someone could answer it.
I'm sure it's not a brand new situation. Just a rare one.

Recommend you try posting in the Permanent Residency Obligation section of the forum.