Permanent resident obligations.

[stevewbruce]

Hi all. I was given my permanent residency about a year and a half ago. The problem is, my employment status changed and to cut a long story short - we haven't yet made the move. I understand I am required to be in Canada for 2 years in 5? My wife and son are Canadian citizens. Do you know if this obligation can be extended? Also I read somewhere on here that time spent living with a Canadian citizen counts towards this requirement. Could anyone confirm this please?


Thanks in advance, this forum was a godsend in my application and it looks set to help again now.


Steve

 

[scylla]

Yes - it's 2 out of 5 years. No - it can't be extended.

If you are currently working in Canada for a Canadian employer and that same employer then relocates you to a job outside of Canada - the time you spend working for that Canadian employer outside of Canada can be counted towards your PR obligation.

Also, if your Canadian citizen wife accompanies you outside of Canada, the time you spend outside of Canada can be counted towards your PR residency obligation.

 

[stevewbruce]

My Wife and I live in the UK together, would this still count?

 

[dpenabill]

My Wife and I live in the UK together, would this still count?

Yes, if your spouse is a Canadian citizen and you are living together abroad, that time counts toward compliance with the PR Residency Obligation.

 

[stevewbruce]

You've just made my day, thanks.


Do I just renew when it ends? I believe our new timeline to land should be 3 years, just as my current card ends.

 

[dpenabill]

You've just made my day, thanks.


Do I just renew when it ends? I believe our new timeline to land should be 3 years, just as my current card ends.

No, you do not renew the PR card unless and until you are living in Canada. Many work around this and attempt to renew it while still abroad, usually by applying during a brief stay in Canada (to be eligible for a new PR card, the PR needs to apply from within Canada), but that is for convenience. Does not affect status.

In particular, PR status does not depend on possessing a valid PR card. PRs who are living abroad with a Canadian citizen spouse do not need to worry about maintaining their status. There is minimal inconvenience due to this for such PRs who possess a visa-exempt passport and are therefore not dependent on obtaining a PR Travel Document for each trip to Canada after the PR card expires.

Your reference to "new timeline to land" I presume is a reference to when you plan to come to live in Canada. You should have minimal problems coming to Canada then even if your card expires before the trip. That said, for trips to Canada you will want to carry proof of marriage, spouse's citizenship, and some proof of cohabitating, just in case you were to be questioned about complying with the PR residency obligation. If you are traveling together though there really should be very little risk of it even coming up as an issue.

 

[stevewbruce]

Thankyou SO much for taking the time to reply.

Yes it was referring to my timescale to relocate to canada, so you answer fits perfectly.

Thanks again

 

[stevewbruce]

Ok, so I'm just getting greedy now. I think I know the answer to this question but does time spent living with a Canadian spouse count towards citizenship requirements?

 

[Rob_TO]

Ok, so I'm just getting greedy now. I think I know the answer to this question but does time spent living with a Canadian spouse count towards citizenship requirements?

No, only PR obligations. Citizenship requires physical residency in Canada.

 

[stevewbruce]

Ok, sorry to bring this up again. I checked the government website and it states the the PR obligations fulfilled if th PR is ouotside Canada travelling. Obviously this wouldn't be the case in our story. We live together in the U.K.

Does the above answer still stand?

 

[Rob_TO]

Ok, sorry to bring this up again. I checked the government website and it states the the PR obligations fulfilled if th PR is ouotside Canada travelling. Obviously this wouldn't be the case in our story. We live together in the U.K.

Does the above answer still stand?

Not quite sure I understand the question. If you are anywhere outside Canada with your Canadian citizen spouse, you are qualifying for the residency obligation. It doesn't matter if you're travelling together or permanently residing in the UK together, both would be the same.

 

[stevewbruce]

Thanks for the reply Tom, and your answer does answer my question directly. I guess my niggling concern with this is the term 'travelling outside Canada' used by CIC, if they'd used the term 'travelling or living with' I wouldn't be so worried. Does anyone know anywhere on their site I might find the (legal) definition of this rule?


I'm sorry if I'm just digging up old ground. I'd just be happier if I was more confident in their (CIC's) response when we do finally move over.


Thanks again.

 

[Leon]

Thanks for the reply Tom, and your answer does answer my question directly. I guess my niggling concern with this is the term 'travelling outside Canada' used by CIC, if they'd used the term 'travelling or living with' I wouldn't be so worried. Does anyone know anywhere on their site I might find the (legal) definition of this rule?


I'm sorry if I'm just digging up old ground. I'd just be happier if I was more confident in their (CIC's) response when we do finally move over.


Thanks again.

Where do they say travelling?

You can have a look at OP 10 here: http://www.cic.gc.ca/English/resources/manuals/op/op10-eng.pdf
It is the immigration manual on residency requirement. In there, you find section 6.1 on page 10, accompanying outside Canada:

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.

So you see, it does not mention travelling, only that you are outside of Canada accompanying your Canadian citizen spouse.

 

[stevewbruce]

Leon thanks for your reply, thank you all for your replies. Having just looked at that link I now feel a lot happier.

Kind Regards


Steve

 

[skrenz]

Hi, great info, I am in a similar situation with my Swedish girlfriend.

I am confused however by the second statement in Leon's post regarding being employed by a Canadian company. My girlfriend received her PR through our common law relationship for Canada after she had moved back to Sweden. I then moved here to Sweden to study and will remain here for approximately one year on a similar "sambo" visa as they call it in Sweden. Even if I am not working, will the time we spend living together here in Sweden count towards her PR obligations in Canada? And if so, what documents would we need to prove it?

Thanks so much.