permanent resident travel document? or surrender PR?

[tenney]

I spent 3.5 years in Canada 1.5 as a PR. Moved back to the US with my family. We now live close to the border and will very frequently travel to Canada. The border guy gave me a hard time last trip and said he could take my PR card.

I think I have to file for the travel document. What I am curious about is if my time in the USA with my wife who is a Canadian citizen counts toward my PR. She is living in the USA as a resident. The CIC website doesn't go into great detail on this. It just says if your "accompanied" by your spouse you can count those days.

If I can I would like to keep my PR, my wife and four kids are all citizens.

Thanks!

 

[Leon]

No, he can't take your PR card. As you have read on the website, your time in the USA living with your citizen wife counts towards the PR residency requirements.

See http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 10 where it says:

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.

Print that page out and take it with you next time you go.

 

[Bargeld]

^ Dumb question Leon but does the logic/criteria in that quote you just did (i.e. PR accompanying Canadian citizen spouse) apply to permanent residents and their residency obligations toward citizenship? For me, that could potentially mean a difference of a few months as we've visited the US a number of times together.

 

[scylla]

^ Dumb question Leon but does the logic/criteria in that quote you just did (i.e. PR accompanying Canadian citizen spouse) apply to permanent residents and their residency obligations toward citizenship? For me, that could potentially mean a difference of a few months as we've visited the US a number of times together.

No - it does not apply to citizenship. You need to be physically present in Canada for the days to count towards the citizenship residency obligation.

 

[Bargeld]

No - it does not apply to citizenship. You need to be physically present in Canada for the days to count towards the citizenship residency obligation.

Damn, figured as much, but had to be sure just in case.

Thanks scylla! And thanks Leon too since I know he'd answer soonish.

 

[Leon]

scylla is right. For citizenship you need to have spent physical time in Canada. There are exceptions though for spouses of Canadian citizens who are military or work for the Canadian or provincial governments.