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 ...

 

[Buletruck]

Just my $0.02! I don't make the decision...
The who's accompanying and previous establishment and all the other arguments have been debated on here for years. Problem being, the results are so inconsistent, you can never tell where it's going to go. Just my perspective on what an immigration officer might look at. Just my opinion.

-landed, but never established in Canada. (Minimal ties)
-Met Canadian spouse in the US prior to marriage (it seems), so never accompanied them there. (Already established prior to relationship).



One appeal dismissed:
https://www.canlii.org/en/ca/irb/do...cQWNjb21wYW55aW5nIENhbmFkaWFuIHNwb3VzZQAAAAAB

One appeal allowed:
https://www.canlii.org/en/ca/irb/do...cQWNjb21wYW55aW5nIENhbmFkaWFuIHNwb3VzZQAAAAAB

 

[Buletruck]

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 ...

You might want to read through

R

Thread 'Living with Canadian Citizen abroad - Definition of accompanying'

Oct 26, 2025

I would like to get some opinions on my situation and if my time living with my common-law partner in the UK counts towards my residency obligation (RO).

I’m aware there have been some cases in recent years where PRs have had their appeals rejected when trying to use the ‘accompanying a Canadian citizen spouse/common-law' clause to count towards their RO. The main sticking point seems to be around the definition of accompanying.

My situation:

I’ve been together with my common law Canadian citizen partner since 2017, we have lived together since 2018 in UK. She has dual British...

• revival1232
• Replies: 22
• Forum: Permanent Residency Obligations

All I'm saying is the "Accompanying a Canadian" definition is, well, broadly interpreted by everyone and the laws application seems somewhat inconsistent. Forewarned is forearmed as they say.

 

[canuck78]

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.

Agree that with the fact that you never accompanied your spouse since you never actually lived in Canada. Can’t remember if IRCC asked for concrete proof of plans to move to Canada 5 years ago so that people only sponsor their spouse when they plan on relocating to a Canada in the near future. If you try to renew your PR card before meeting your RO it is tough to predict whether IRCC will attempt to report you for not meeting your RO, whether you will got through very long processing while IRCC determines what to do, etc. I would definitely wait as long as possible before renewing your PR card so at least you have some more time as a resident of Canada if you can’t wait until you have met the 730 days in the last 5 years.