Living with Canadian Citizen abroad - Definition of accompanying

[revival1232]

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 (descent) and Canadian (birth) citizenship. She has been living in the UK since 2005. We have a son together who is also a dual British (birth)/Canadian (descent) citizen. We own a property together (primary residency) in the UK. We both have family living in Canada.

She sponsored my PR application. I became a PR in Dec 2022, completed a soft landing and returned home to the UK with my common law partner. Our relationship was validated as part of the PR application.

In the last three years we have been visiting different places in Canada trying to work out where we would live and applying for jobs. Unfortunately we haven’t been able to secure work applying from the UK so haven't made the move over.

We have recently been given the opportunity to live with family for minimal costs so we are looking at taking the plunge and moving next May (2026).

Does my case seem like a valid use of the ‘accompanying Canadian common-law partner abroad’ to count towards my RO?

Without this, I will be short 2-3 months on my RO (Probably spent around 8 weeks in Canada since becoming a PR) if we arrive in May 2026. Unsure what will happen to me if that is the case!

 

[canuck78]

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 (descent) and Canadian (birth) citizenship. She has been living in the UK since 2005. We have a son together who is also a dual British (birth)/Canadian (descent) citizen. We own a property together (primary residency) in the UK. We both have family living in Canada.

She sponsored my PR application. I became a PR in Dec 2022, completed a soft landing and returned home to the UK with my common law partner. Our relationship was validated as part of the PR application.

In the last three years we have been visiting different places in Canada trying to work out where we would live and applying for jobs. Unfortunately we haven’t been able to secure work applying from the UK so haven't made the move over.

We have recently been given the opportunity to live with family for minimal costs so we are looking at taking the plunge and moving next May (2026).

Does my case seem like a valid use of the ‘accompanying Canadian common-law partner abroad’ to count towards my RO?

Without this, I will be short 2-3 months on my RO (Probably spent around 8 weeks in Canada since becoming a PR) if we arrive in May 2026. Unsure what will happen to me if that is the case!

You never actually settled in Canada with your partner so you didn’t actually accompany them abroad. Wouldn’t risk trying to count time you spent together before actually settling in Canada towards RO.

 

[revival1232]

You never actually settled in Canada with your partner so you didn’t actually accompany them abroad. Wouldn’t risk trying to count time you spent together before actually settling in Canada towards RO.

Okay, so what is the likely scenario if I turn up in May? I get let into the country but I get referred to have my case reviewed with possibility of PR being revoked?

 

[Naturgrl]

Okay, so what is the likely scenario if I turn up in May? I get let into the country but I get referred to have my case reviewed with possibility of PR being revoked?

You will not get it revoked as your PR card doesn't expire until 2027. You are entering Canada before expiry.

 

[revival1232]

You will not get it revoked as your PR card doesn't expire until 2027. You are entering Canada before expiry.

Okay, what is the likely outcome during PR renewal in Dec 2027 if I haven't met RO, assuming that we are settled in Canada from May 2026.

 

[armoured]

Without this, I will be short 2-3 months on my RO (Probably spent around 8 weeks in Canada since becoming a PR) if we arrive in May 2026. Unsure what will happen to me if that is the case!

You will be let in; there is a (small) chance they'll 'write you up' for being out of compliance and that would mean that (what I'd describe as*) them 'starting' the process of revoking your PR status. You'd get a chance to appeal, etc. And I do mean a small chance, but I can't quantify. More likely is they'd say nothing or perhaps give you a verbal warning.

It would be better if you could arrive earlier to settle. If you travel a lot subsequently, you'd be at more risk. And you'll likely have a period where you can't renew your PR card (inconvenient if you have to travel, but if you're in Canada without a valid PR card, the overall impact is approximately zero). Only you can decide if critical.

* Some pedants have an issue with my use of 'starting' the process here. Don't really understand why, nor care enough. It is the point at which revocation begins (without the write-up, it doesn't really start). Not enough time to argue with tedious, verbose, humourless pendants about such issues.

 

[Naturgrl]

Okay, what is the likely outcome during PR renewal in Dec 2027 if I haven't met RO, assuming that we are settled in Canada from May 2026.

Don't renew until you meet RO then.

 

[revival1232]

Thanks everyone for the replies. Very helpful information, I understand my position better now.

Looked at the time I've been in Canada since Dec 2022 and assuming we move mid May 2026, I'll be short around 95 days on the RO. PR card doesn't expire until March 2028.

 

[Naturgrl]

Thanks everyone for the replies. Very helpful information, I understand my position better now.

Looked at the time I've been in Canada since Dec 2022 and assuming we move mid May 2026, I'll be short around 95 days on the RO. PR card doesn't expire until March 2028.

So just don't renew until meet RO.

 

[armoured]

Thanks everyone for the replies. Very helpful information, I understand my position better now.

Looked at the time I've been in Canada since Dec 2022 and assuming we move mid May 2026, I'll be short around 95 days on the RO. PR card doesn't expire until March 2028.

Do the arithmetic carefully and correctly - here's the simplest restatement of the RO rules (IMO):
-Calculate the number of days OUTSIDE Canada in the last five years (from eg the day you plan to return), discarding any days before you became a PR. If that number is MORE than 1095, you are (will be) out of compliance.

Amendment to my comments above: when you return, be sure to mention that you have been living with a Canadian citizen in the UK. Do they have to accept your statement as meeting the (somewhat obscure) bit about accompanying and how that's defined? No.

But chances are quite high that they won't want to bother with the paperwork and all that, as you are only a few months out of compliance AND with a citizen-spouse who could sponsor you later anyway.

When you do get to point where card is expiring: I'd still recommend wiating until in compliance, providing the info for the accompanying a citizen-stuff is just going to delay it more than you'd delay by waiting a few months.