COMPLICATED QUESTIONS

[Canadienne]

I became a PR in Aug 2003. Worked in Canada from Feb 2004 to Aug 2007. Then my husband moved abroad as an expat worker for a Canadian company. My PR card has expired. We have been called for oath taking next week.

I wish to adopt a child from my home country and realise as a PR living abroad I can adopt from my country as a citizen - thus avoiding Canadian provicial requirements and more complicated requirements my country has for foreign adoptions.

So I do not want to take Canadian citizenship now. But my husband can. He will also return to Canada next year.

Since my PR card has lapsed, my husband feels I should take the citizenship or risk losing my PR status.

Q. I believe that as a wife of a citizen I will not lose my PR status - am I right?
Q. Having spent 3 years in Canada in the first 5 year period, I can stay out of Canada for 3 years at the beginning of the next 5 year period, before my PR will lapse - am I right?

Thank you so much for your answers.

 

[Leon]

As long as you are with your husband and he is a citizen and you are a PR, you can not lose your PR status.

The 5 year periods are not counted as period one August 2003 to August 2008 and period 2 August 2008 to August 2013.  It is a rolling 5 year period.  You have to meet your residency requirements always in the immediate 5 years previous.

With an expired PR card, when you want to go back to Canada, you need to apply for a PR travel document, see http://www.cic.gc.ca/english/information/applications/travel.asp and to apply for this documents, you need to list all your absences for the previous 5 years before you apply.