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Hello All,

The Immigration and Refugee Protection Act (IRPA), section 28(2) sets out criteria for determining whether current Permanent Residents have satisfied the Residency Obligation (which is required to renew their PR Card).

IRPA 28(2)(a) requires that the Permanent Resident has spent 730 days in the last 5 years satisfying one of IRPA 28(2)(a)(i) - 28(2)(a)(v). My question is about trying to understand IRPA 28(2)(a)(iv) as it applies to determining the status of the Residency Obligation for a Permanent Resident whose spouse is also a Permanent Resident.

IRPA 28(2)(a)(iv) states days "... outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province" count towards the 730 days in IRPA 28(2)(a).

My question is this: I am a Professor (a full time position) at a Canadian University; my wife does not work. We are both Permanent Residents. If we spend time together in another country (where I am working remotely), does this automatically count towards my wife's PR Residency Obligation under 28(2)(a)(iv), or is it necessary that the time spent abroad is at the behest of my employer, or in some way specifically connected with the duties of the job? How about if we are on vacation together?

Thanks in advance for any advice!
 
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Hello All,

The Immigration and Refugee Protection Act (IRPA), section 28(2) sets out criteria for determining whether current Permanent Residents have satisfied the Residency Obligation (which is required to renew their PR Card).

IRPA 28(2)(a) requires that the Permanent Resident has spent 730 days in the last 5 years satisfying one of IRPA 28(2)(a)(i) - 28(2)(a)(v). My question is about trying to understand IRPA 28(2)(a)(iv) as it applies to determining the status of the Residency Obligation for a Permanent Resident whose spouse is also a Permanent Resident.

IRPA 28(2)(a)(iv) states days "... outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province" count towards the 730 days in IRPA 28(2)(a).

My question is this: I am a Professor (a full time position) at a Canadian University; my wife does not work. We are both Permanent Residents. If we spend time together in another country (where I am working remotely), does this automatically count towards my wife's PR Residency Obligation under 28(2)(a)(iv), or is it necessary that the time spent abroad is at the behest of my employer, or in some way specifically connected with the duties of the job? How about if we are on vacation together?

Thanks in advance for any advice!

Working remotely and vacations won't count for either of you. It would only count if your employer moved you to a temporary job outside of Canada. An example would be if this school has a physical location in a different country and they moved you to a job there to teach students in person for 2 years.
 
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Thanks! Can I push my luck with a follow on question? How about time spent at conferences (attendance of academic conferences is a normal part of my job).
 
Thanks! Can I push my luck with a follow on question? How about time spent at conferences (attendance of academic conferences is a normal part of my job).

No, this time won't be accepted.

The requirements are very specific. Your company in Canada must transfer you to a role outside of Canada.
 
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