Permanent resident abroad

[Mastadon]

I'm a Canadian permanent resident abroad, presently living in the UK with my wife who is Canadian. I never had the opportunity to move in Canada when my visa was issued (2010), because my job unexpectedly held me in the UK (I'm a Church of England vicar). I hold a five year contract for my job here, after which we hope to move to Toronto (2015) which is the year I have to get my permanent residence card renewed. I know that if you are abroad with a parent or spouse who is a Canadian citizen, that fulfills the residency requirement for permanent residents. When my contract is up in the UK and I have to renew my permanent residence card, do you think I'll get hassled by Canadian immigration even though I will have been living with my wife here all that time? I hold an Ontario driving licence, have an address there, as well as a bank account we intend to use when we get to move. We are so looking forward to moving to Toronto and we want to make sure we following the law. Please advise, many thanks in advance.

 

[wilson]

Hello Rev.Mastadon,

You said correct, that :if you are abroad with a parent or spouse who is a Canadian citizen, that fulfills the residency requirement for permanent residents.

But, please read what the OP says:

OP 10 - Permanent Residency Status Determination

Section 6.1. Accompanying outside of Canada


A28(2)(a)(ii) and (iv) provide that each day a permanent resident is outside of Canada
accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a parent
with whom they ordinarily reside, it is deemed a day of physical presence in Canada. Each day a
permanent resident is outside Canada, accompanying a spouse, common-law partner or, in the
case of a child, a parent who is also a permanent resident and with whom they ordinarily reside,
is also deemed a day of physical presence in Canada provided the spouse, common-law partner
or parent of the other permanent resident is employed on a full-time basis by a Canadian
business or in the public service of Canada or of a province.
,

 

[AllisonVSC]

I think that rule (from the 2007 manual) has changed Wilson. This is from Appendix A of how to apply to renew your PR card.

Source: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Time spent outside of Canada

You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse or common-law partner or parent, if you are less than 22 years of age

Evidence that you are accompanying a Canadian citizen

You must provide supporting documents to prove that:

The person you are accompanying is a Canadian citizen; and
You are the spouse, common-law partner or child of that person.

Supporting documents may include:

marriage licence
child’s birth certificate, baptismal document, and/or adoption or guardianship document
school and/or employment records
association or club memberships
passports or other travel documents
documents indicating the status of the person you are accompanying

 

[Kazakhstan]

A28(2)(a)(ii) and (iv) provide that each day a permanent resident is outside of Canada
accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a parent
with whom they ordinarily reside, it is deemed a day of physical presence in Canada. Each day a
permanent resident is outside Canada, accompanying a spouse, common-law partner or, in the
case of a child, a parent who is also a permanent resident and with whom they ordinarily reside,
is also deemed a day of physical presence in Canada provided the spouse, common-law partner
or parent of the other permanent resident is employed on a full-time basis by a Canadian
business or in the public service of Canada or of a province.
,

No! The same rule was and is still in effect, the part in red applies only to spouses or parents who are permanent residents.

So, Mastodon is safe with his PR status but will have to provide documentary evidence of co-habitation as outlined by AllisonVSC above when applying for a renewed PR card.

 

[AllisonVSC]

No! The same rule was and is still in effect, please read it more carefully.

You can live with a spouse who's a Canadian citizen abroad, whether they are working or not, and it will be always counted as fulfilling your Canadian residency obligation...

Or if your spouse/parent also holds the permanent resident status, he or she have to work for a Canadian gov't or corporation abroad... because that is the ONLY possible situation when a PR can live abroad for longer than 2 years withing a 5-year period and retain their PR.

That is, the employment by a Canadian entity requirement applies only to the case of a married couple or a parent and child consisting of two permanent residents of Canada living outside Canada.

In the case of Mastodon's question, he shouldn't worry. He is safe with his PR status while living with his wife who's a Canadian citizen in the UK. But, as already suggested, he will have to provide documentary evidence of co-habitation when applying for a renewed PR card.

Well, finally there's something I know better than the experts here...

You are so right! Sorry about that. I misread Wilson's quote and didn't catch the part where it said that the PR is accompanying another PR... Thanks for the correction.

 

[Kazakhstan]

You are so right! Sorry about that. I misread Wilson's quote and didn't catch the part where it said that the PR is accompanying another PR... Thanks for the correction.

No worries, that's what the forum is for

Oops, I meant to remove my initial comment and leave the other one, but you have cemented it now with your response... ;D

 

[Canadian beaver]

So if you are Married to A Canadian Citizen living outside Canada, it does not matter for what reason, your days out side Canada still counts towards days living in Canada.

 

[canuck78]

So if you are Married to A Canadian Citizen living outside Canada, it does not matter for what reason, your days out side Canada still counts towards days living in Canada.

You are replying to a post that is over 5 years old. There are certain questions will this may not apply like in the case where the husband never lived in Canada and the wife moved to be with him. That could be a problem. The other issue is the time may not count if it is clear that the Canadian citizen is not the reason they moved but this is a bit of a grey zone.

 

[Canadian beaver]

ok, let me ask this question : the Husband lived in Canada then he travelled to work outside Canada, while abroad, he got married to a non Canadian. he applied for her PR while outside Canada and she has got it, she moved again with her husband as he still works outside Canada. Will her time counts towards actual time spent in Canada?

 

[canuck78]

ok, let me ask this question : the Husband lived in Canada then he travelled to work outside Canada, while abroad, he got married to a non Canadian. he applied for her PR while outside Canada and she has got it, she moved again with her husband as he still works outside Canada. Will her time counts towards actual time spent in Canada?

To get PR they were supposed to relocate to Canada. It doesn’t sound like he ever lived in Canada since before he met his wife so yes this could be a problem.

 

[Canadian beaver]

Wha

To get PR they were supposed to relocate to Canada. It doesn’t sound like he ever lived in Canada since before he met his wife so yes this could be a problem.

what do you mean :supposed to relocate to Canada" ? You can not get your PR If you are not in Canada, can you? Can you put more explanation to your statement please?

Also, can you please explain what you meant by saying "It doesn’t sound like he ever lived in Canada since before he met his wife so yes this could be a problem".

 

[mashulia_26]

Wha

what do you mean :supposed to relocate to Canada" ? You can not get your PR If you are not in Canada, can you? Can you put more explanation to your statement please?

Also, can you please explain what you meant by saying "It doesn’t sound like he ever lived in Canada since before he met his wife so yes this could be a problem".

You can apply for a spousal sponsorship with the sponsor being outside of the country only when the sponsor is a Canadian citizen. In this case you need to provide proof that you will relocate back to Canada when you spouse gets their PR. You cannot continue living outside of Canada.

 

[Krissh2179]

Wha

what do you mean :supposed to relocate to Canada" ? You can not get your PR If you are not in Canada, can you? Can you put more explanation to your statement please?

Also, can you please explain what you meant by saying "It doesn’t sound like he ever lived in Canada since before he met his wife so yes this could be a problem".

Did you ever do your first landing in Canada after you got your PR approved? That’s what he means by relocating. In order to declare PR you have to complete a first landing after which they process your PR card. So you can only have your PR approved from Outside Canada but to become a permanent resident you need to land in Canada.

 

[Canadian beaver]

Did you ever do your first landing in Canada after you got your PR approved? That’s what he means by relocating. In order to declare PR you have to complete a first landing after which they process your PR card. So you can only have your PR approved from Outside Canada but to become a permanent resident you need to land in Canada.

Of course did. Relocated and she Got the Card (PR)

 

[Canadian beaver]

Did you ever do your first landing in Canada after you got your PR approved? That’s what he means by relocating. In order to declare PR you have to complete a first landing after which they process your PR card. So you can only have your PR approved from Outside Canada but to become a permanent resident you need to land in Canada.

Of course did! ah sorry, my bad, I should have said that after she was approved, we relocated to Canada and she received her Card!