Hi everyone,
I am looking for an experienced or professional perspective on a specific residency obligation calculation. Please, no guesses—I need accurate legal or operational insights.
My Baseline Situation:
My Question:Under IRPA Section 28(2)(a)(ii), do the accrued days we lived together while legally married count toward my residency obligation, despite me never living in Canada post-landing? Does a subsequent divorce retroactively impact or invalidate those accrued days?
Note: I am only looking to count the days accumulated up to the official date of the divorce ruling.
If you can reference specific IAD (Immigration Appeal Division) case law or IRCC Operational Guidelines regarding soft-landers using this exemption, I would highly appreciate it.
Thank you.
I am looking for an experienced or professional perspective on a specific residency obligation calculation. Please, no guesses—I need accurate legal or operational insights.
My Baseline Situation:
- I am a PR but I have never lived in Canada. I only completed a "soft landing" and immediately returned abroad. My physical days inside Canada stand at 0.
- My ex-spouse is a Canadian citizen.
- Past Timeline: We lived together continuously in a shared household outside Canada while legally married for roughly 16 months (approx. 480 days) before separating.
- Current Status: Our legal divorce was finalized recently, and our marriage has officially ended.
My Question:Under IRPA Section 28(2)(a)(ii), do the accrued days we lived together while legally married count toward my residency obligation, despite me never living in Canada post-landing? Does a subsequent divorce retroactively impact or invalidate those accrued days?
Note: I am only looking to count the days accumulated up to the official date of the divorce ruling.
If you can reference specific IAD (Immigration Appeal Division) case law or IRCC Operational Guidelines regarding soft-landers using this exemption, I would highly appreciate it.
Thank you.
