Expired PR but living with Canadian spouse oversea

[jonathan1977]

Dear Respected Seniors

I am asking this for my father in law

My wife's mom is a Canadian and her dad's is PR

He has been living in outside of Canada for more than 10 years and has never came back to Canada (RO not meet)

Recently, they are planning to travel to Canada for 1 month and will leave after that.

What is his option?

He is from an visa-exempt country

Can anyone gives any suggestions about this?

thank you all in advance

 

[ttrajan]

He can enter Canada and apply for PR card renewal. Keep the proofs of staying with Canadian spouse outside Canada. Better to apply for PRTD to enter Canada.

 

[jonathan1977]

Hi Trajan

thank you

Will he be stop by custom officers?

 

[ttrajan]

No. Have all the proofs and apply for PRTD.

 

[srm057]

Just wondering if he or his spouse were working for any government department and deputed outside Canada due to their work.

If that's the case his stay outside Canada will be counted as staying in Canada

 

[jonathan1977]

Thank you all

They are tired and haven't been working for last 10 years

One last question, how long does it take to apply for PR travel document approximately?

 

[ttrajan]

Generally around 2 weeks.

 

[jonathan1977]

Hi Trajan

I appreciated your rapid reply

I just read CIC official website and it says a PR can apply for PRTD as long as he is living with a Canadian spouse

But I am not sure if that Canadian spouse need to be working in a Canadian company currently?

Could you please help to give out your advice?

thank you very much

 

[ttrajan]

No need to work in Canadian company outside.

 

[Rob_TO]

Just wondering if he or his spouse were working for any government department and deputed outside Canada due to their work.

If that's the case his stay outside Canada will be counted as staying in Canada

This is irrelevant. The spouse of PR is a Canadian citizen meaning as long as they were living together the entire time counts towards his residency obligation.

 

[srm057]

This is irrelevant. The spouse of PR is a Canadian citizen meaning as long as they were living together the entire time counts towards his residency obligation.

I don't think it is correct. This link explicitly says only if you or your spouse were deputed by government then you can count your time toward residency oligation.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5

 

[Rob_TO]

I don't think it is correct. This link explicitly says only if you or your spouse were deputed by government then you can count your time toward residency oligation.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5

Did you not read the title of that link? "Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?" Link doesn't even mention residency obligation.

Physical presence for citizenship is not the same as PR residency obligation.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
Situation 1. Accompanying a Canadian citizen outside Canada

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

 

[srm057]

Did you not read the title of that link? "Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?" Link doesn't even mention residency obligation.

Physical presence for citizenship is not the same as PR residency obligation.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
Situation 1. Accompanying a Canadian citizen outside Canada

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

Sorry you are right. He is good to go then...