New Spouse Requirements

[jr1]

My PR card is due to expire in July, so I just checked the CIC website and was shocked to find that the requirements have changed for living abroad with a Canadian spouse:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

It now requires your Canadian spouse to work for a Canadian company or the government. I can't find anywhere where this change was announced, or any additional information for it; even immigration advisor websites aren't listing this as a requirement, so I'm assuming this is a really recent change. Does anyone have any more information on it? It seems really unfair to change the requirement not taking into account people who made the decision to move abroad based on the previous requirement.

Some background on my case: I'm a British citizen and I was granted PR (via work) in May 2014, and moved to New Zealand in May 2015 with my Canadian partner (common-law), who I'd been living with in Canada for a couple of years. This wasn't for a job; we both moved without jobs as we just wanted to try living elsewhere for a year or two. We've now been here for almost 4 years, with no plans to move back, but recently received some bad news about my partner's father's health, which means we will likely have to reconsider, even if it just involves spending some time back in Canada and working remotely.

Given my PR expires in July, does this new requirement mean that I won't be able to accompany her (and work)? If I am able to renew, how long would I have to be in Canada for while the renewal takes place (I'm sure this has been asked a hundred times, sorry)?

Thanks for any help.

 

[zardoz]

My PR card is due to expire in July, so I just checked the CIC website and was shocked to find that the requirements have changed for living abroad with a Canadian spouse:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

It now requires your Canadian spouse to work for a Canadian company or the government. I can't find anywhere where this change was announced, or any additional information for it; even immigration advisor websites aren't listing this as a requirement, so I'm assuming this is a really recent change. Does anyone have any more information on it? It seems really unfair to change the requirement not taking into account people who made the decision to move abroad based on the previous requirement.

Some background on my case: I'm a British citizen and I was granted PR (via work) in May 2014, and moved to New Zealand in May 2015 with my Canadian partner (common-law), who I'd been living with in Canada for a couple of years. This wasn't for a job; we both moved without jobs as we just wanted to try living elsewhere for a year or two. We've now been here for almost 4 years, with no plans to move back, but recently received some bad news about my partner's father's health, which means we will likely have to reconsider, even if it just involves spending some time back in Canada and working remotely.

Given my PR expires in July, does this new requirement mean that I won't be able to accompany her (and work)? If I am able to renew, how long would I have to be in Canada for while the renewal takes place (I'm sure this has been asked a hundred times, sorry)?

Thanks for any help.

That IRCC answer is incorrect. They have mixed up the conditions. Don't worry about it. I have reported the error to IRCC.

 

[jr1]

That's great news. Thanks for your reply.

 

[Tubsmagee]

That IRCC answer is incorrect. They have mixed up the conditions. Don't worry about it. I have reported the error to IRCC.

Hopefully right. That would suck.

 

[zardoz]

Hopefully right. That would suck.

What it says is:

You travel with a spouse or partner
Your spouse or partner needs to be a permanent resident or Canadian citizen working outside Canada, full-time for:

• a Canadian business or
• the Canadian or a provincial government

What it should say is:

You travel with a spouse or partner
Your spouse or partner needs to be a Canadian citizen; or a permanent resident working outside Canada, full-time for:

• a Canadian business or
• the Canadian or a provincial government

Citation : https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-28.html

Residency obligation

• 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
  
  
• Marginal note:Application
  
  (2) The following provisions govern the residency obligation under subsection (1):
  • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
    • (i) physically present in Canada,
      
      
    • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
      
      
    • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
      
      
    • (iv) 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, or
      
      
    • (v) referred to in regulations providing for other means of compliance;