counting days o/s Canada while accompanying Canadian spouse, towards residency obligation

[TMELL]

It has taken almost the full five years to get settled here in Canada, as we just moved here in September. At this point my PR card expires this month and I have accumulated only approximately 90 days physical presence in Canada. However, I have lived for the past five years, and actually many more, with my Canadian wife in the U.S. She has been employed there and I have been retired throughout that time, so I assume the "who is accompanying whom" question is at least not an issue. So, my question: do you think it will be okay with IRCC when I claim that I have fulfilled my RO when almost all of those days are counted from my days accompanying my Canadian spouse in the U.S.?

 

[Buletruck]

It has taken almost the full five years to get settled here in Canada, as we just moved here in September. At this point my PR card expires this month and I have accumulated only approximately 90 days physical presence in Canada. However, I have lived for the past five years, and actually many more, with my Canadian wife in the U.S. She has been employed there and I have been retired throughout that time, so I assume the "who is accompanying whom" question is at least not an issue. So, my question: do you think it will be okay with IRCC when I claim that I have fulfilled my RO when almost all of those days are counted from my days accompanying my Canadian spouse in the U.S.?

Did you ever actually move/settle in Canada prior to September?

 

[TMELL]

We had not lived in Canada prior to mid-September, but we had visited many times, as most of our vacation was spent with family here. We moved here in September and my wife and son and I physically reside here in North York. My wife was transferred to the FedEx hub in Woodbridge and my son is going to York University - we are now about as "resident" as it gets.

 

[Buletruck]

We had not lived in Canada prior to mid-September, but we had visited many times, as most of our vacation was spent with family here. We moved here in September and my wife and son and I physically reside here in North York. My wife was transferred to the FedEx hub in Woodbridge and my son is going to York University - we are now about as "resident" as it gets.

I'm sure others will chime in about what I'm about to say, but technically, you haven't actually accompanied your spouse since you've never actually resided in Canada since receiving your PR (until September). Not saying it wouldn't count, but I suspect someone reviewing your application for renewal would probably not consider accompanying a Canadian citizen. Given that, the reviewer may not consider the exemption, but choose to overlook it being you have a Canadian citizen spouse who could simply sponsor you again. My $0.02.

 

[TMELL]

I landed in Canada, have a PR card in hand, immigration status is Canadian PR, and when in the U.S. am a Canadian PR accompanying my Canadian citizen spouse. From https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-28.html:

(2) The following provisions govern the residency obligation under subsection (1):

• (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
  
  • (ii) outside Canada accompanying a Canadian citizen who is their spouse ...