Living with Canadian Citizen abroad - Definition of accompanying

[revival1232]

I really appreciate all the time that everyone has taken to respond to my situation.

I have a couple of follow up questions.

• If I manage to get through PoE without being reported/written up for RO non-compliance, I understand that I should not leave Canada for the next 2 years to meet my RO. Does this include short term travel (1-2 week) out of the country with my Canadian citizen spouse and/or work travel for a Canadian company?
  
  What about air travel within the country? We will initially be living in PEI while we look for jobs, then likely settling in either Nova Scotia or Ontario depending on what work opportunities come up.
  
  
• Will I be able to access provincial health care with my PR card?

 

[revival1232]

I think a couple different concepts and issues are possibly getting conflated here. To go back to the simple facts:

-PR since 2022, will only be short a few months on the RO when arriving in May 2026.
-PR card valid until 2027.
-Living with Canadian citizen, although could be complications using this time for RO compliance given never really settled.

There are multiple possibilities discussed here, but I think the most likely is fairly simple to predict:
-If asked about RO compliance at time of arrival in May 2026, refer to both living with Canadian spouse (have some evidence of residing together eg on phone) and one or two 'H&C reasons' (no matter how weak, even if just 'we were supposed to move and jobs, and family, and it was difficult, and granny was sick that time, and we heard about housing cris and election and ... etc' - mind, keep it relatively brief, just touch on these things.)

-CBSA's most likely (yes, in my opinion) move at this point is to not open anything formal, and wave the person through with or without a verbal warning and a note to file.

This would be true for most applicants who are only a 2-3 months short on the RO. With some H&C reasons (however weak) and the citizen-spouse issue, it would be a lot of paperwork for a file that may not (probably won't) go anywhere, and the PR could be re-sponsored anyway. In other words, for CBSA: a great, big, fat, waste of time. And the citizen-spouse issue is just something the line CBSA officers don't know much about, and don't want to deal with - let the PR deal with IRCC, if it comes up.

Now of course, I'm not saying it's impossible, just unlikely. No sense (IMO) planning for a low-likelihood case.

Anyone can have their own opinion on this of course.

As for the PR card: that issue is for 2027. We all mostly, it seems, agree: wait until in compliance to deal with renewal. As a British passport holder, this PR can fly to USA and enter Canada through land ports of entry (no valid PR card needed). Other than boarding a plane to Canada, PR card not needed for most things for those living in Canada.

There are caveats of course: being out of compliance and later with no valid PR card can be very inconvenient for those who need to travel a lot by plane. Note the problems are mostly when no valid PR card - while the PR card is valid primarly an issue if CBSA gets a bug up about the RO compliance. All real issues, but at this point, potential - good for the OP to know these might arise, but not the immediate issue to hand.

I checked my PR card and its actually valid until March 2028. I have 46 days I can count towards RO, so assuming an arrival date of mid May 2026, I will be in compliance at the beginning of April 2028. So relatively short amount of time being without a valid PR card and in a non-compliant RO position.

 

[armoured]

I really appreciate all the time that everyone has taken to respond to my situation.

I have a couple of follow up questions.

• If I manage to get through PoE without being reported/written up for RO non-compliance, I understand that I should not leave Canada for the next 2 years to meet my RO. Does this include short term travel (1-2 week) out of the country with my Canadian citizen spouse and/or work travel for a Canadian company?
  
  What about air travel within the country? We will initially be living in PEI while we look for jobs, then likely settling in either Nova Scotia or Ontario depending on what work opportunities come up.
  
  
• Will I be able to access provincial health care with my PR card?

-Generally you would probably not have too much trouble with short-term trips abroad. The best indication will really likely be from interactions with CBSA. No mention of anything - less risk. Mild verbal warning (along lines of "keep an eye on your residency obligation") - some more risk, but likely will not be a problem if they can determine that you're clearly living in Canada (with spouse and job helps). More risk - if you get hauled in for longer interview / discussion and give you a hard time, etc.

My bottom line? See how it goes with CBSA when you return. (Keep in mind the primary/only interaction related to your RO is at the airport on returning. For the most part - massive generalisation - they're not out to get PRs settled/established in Canada who are somewhat out of compliance and leave for short trips. Problems arise more often when someone out of compliance leaves for indefinite periods.

-Travelling in Canada - no issue whatsoever. CBSA/IRCC have no role of any kind in domestic travel.

-Health care: yes. Some provinces - notably BC - more strict for renewing etc for those without a valid PR card, but I believe that's only for those who didn't already have the provincial health card. (Moving to BC without a valid PR card can be a problem, in other words)

 

[armoured]

I checked my PR card and its actually valid until March 2028. I have 46 days I can count towards RO, so assuming an arrival date of mid May 2026, I will be in compliance at the beginning of April 2028. So relatively short amount of time being without a valid PR card and in a non-compliant RO position.

That confirms most of what I've said - with one big BUT: the expiry date of the PR card is mostly relevant as ... date of expiry of the PR card. That's it. Obviously easier to travel with a PR card so not unimportant.

But it is NOT your status and it does not represent your RO compliance.

Particularly important: keep track of your entries and exits and do the arithmetic yourself. Anything more than five years in past is irrelevant - as will be the case for you beginning on your five year anniversary (sometime in 2027, since you became a PR in 2022).

Remember: days outside Canada, in the last five years, must be less than 1095 days - critical to exclude any days before five years, and any days before becoming a PR.