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Maintaining permanent residence abroad while married to a Canadian

hintertuxer

Member
Jun 7, 2018
13
1
Hi,

We are applying for CAD permanent residence for myself. We live in UK and both my husband and my daughter are Canadian citizens. What are the rules for maintaining the PR status? I am planning to be in UK for the next 2-3 years.

Many thanks,
 

scylla

VIP Member
Jun 8, 2010
92,835
20,492
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,

We are applying for CAD permanent residence for myself. We live in UK and both my husband and my daughter are Canadian citizens. What are the rules for maintaining the PR status? I am planning to be in UK for the next 2-3 years.

Many thanks,
Rules are that you must live in Canada for 2 out of every 5 rolling years to keep your PR status.

However provided you are living with your citizen husband, you can remain outside of Canada and still meet this requirement (this is one of the exceptions).

Note that for your PR application to be approved, your husband will have to demonstrate and provide proof that you have plans to relocated to Canada and live here once your PR visa is approved. If you don't plan to move for another 2-3 years, then you most likely won't be able to provide the evidence required and it doesn't make sense to apply now.
 

hintertuxer

Member
Jun 7, 2018
13
1
Rules are that you must live in Canada for 2 out of every 5 rolling years to keep your PR status.

However provided you are living with your citizen husband, you can remain outside of Canada and still meet this requirement (this is one of the exceptions).

Note that for your PR application to be approved, your husband will have to demonstrate and provide proof that you have plans to relocated to Canada and live here once your PR visa is approved. If you don't plan to move for another 2-3 years, then you most likely won't be able to provide the evidence required and it doesn't make sense to apply now.
Thank you scylla. What are the proofs that the officials are looking for? I work for myself in the UK and could continue to do so from Canada. All my family is there (parents, sister, etc) and I also own a property - piece of land. Would these be OK? Many thanks,
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Thank you scylla. What are the proofs that the officials are looking for? I work for myself in the UK and could continue to do so from Canada. All my family is there (parents, sister, etc) and I also own a property - piece of land. Would these be OK? Many thanks,
Are you the sponsor or the applicant? The first post seems to be the applicant, while this post seems to be the sponsor. If you are both posting on one account, you need to be very clear about who is posting what, as answers are different. It is far easier to just have one of you post on one account.

There is no clear-cut requirement for proof of intent to return to Canada. The examples you have given are all very vague and likely to be an issue. IRCC generally looks for more concrete proof.

It would be better to apply within a year of your actually intended move date.
 

hintertuxer

Member
Jun 7, 2018
13
1
Hi, apologogies for confusion - we both posted. I am the sponsor (husband) and we'll follow your advice and apply for the PR next year although we would have liked to know what IRCC considers concrete proof of intent to move to Cad so we can prepare. Many thanks,
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hi, apologogies for confusion - we both posted. I am the sponsor (husband) and we'll follow your advice and apply for the PR next year although we would have liked to know what IRCC considers concrete proof of intent to move to Cad so we can prepare. Many thanks,
It really does vary. Communication with family/friends about moving, shipping quotes, transferring money to Canada, contact with real estate agents, contact with schools for kids, job searches, etc.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hi, apologogies for confusion - we both posted. I am the sponsor (husband) and we'll follow your advice and apply for the PR next year although we would have liked to know what IRCC considers concrete proof of intent to move to Cad so we can prepare. Many thanks,
In some parts of the world, IRCC has even requested to see proof that the sponsor has taken steps to cancel work visas or terminate employment. This has mostly been related to contracted employment in the Middle East however. The spectrum of proof is very wide and IRCC appears to have become more aggressive in the demands recently. Too many people have sponsored and then not returned as "intended".