PR or PRTD eligibility based on "accompanying" spouse exception

[sreekar545]

My wife and I moved to US in May 2023. I had become cdn citizen in July 2023. Her PR card expiring and we visited Canada and applied for her PR card while in Canada using the exception of "accompanying spouse" instead of regular residency proof (she didn't meet RO).

We clearly mentioned in the application the date I became citizen and what days count toward her RO and what days don't. We got an email from Etobicoke IRCC to come with documents and be prepared to answer questions and officer will determine whether we will get 1 year or 5 year PR card.

Due to our personal situation, we can't go now. So if she applies for PRTD, is this an obvious case for approval? the only tricky part is spouse becoming citizen later, though there is no clear rule saying that the "PR accompanying a citizen" abroad must be citizen on the day they departed, I'm still little skeptical.

 

[canuck78]

My wife and I moved to US in May 2023. I had become cdn citizen in July 2023. Her PR card expiring and we visited Canada and applied for her PR card while in Canada using the exception of "accompanying spouse" instead of regular residency proof (she didn't meet RO).

We clearly mentioned in the application the date I became citizen and what days count toward her RO and what days don't. We got an email from Etobicoke IRCC to come with documents and be prepared to answer questions and officer will determine whether we will get 1 year or 5 year PR card.

Due to our personal situation, we can't go now. So if she applies for PRTD, is this an obvious case for approval? the only tricky part is spouse becoming citizen later, though there is no clear rule saying that the "PR accompanying a citizen" abroad must be citizen on the day they departed, I'm still little skeptical.

You moved before you even got citizenship so there is a good chance the time together outside Canada will not count towards her RO. Being able to count time accompanying a Canadian citizen aboard is never guaranteed even if you were a citizen before you left but you weren’t even a citizen before you left. There is no guarantee that PRTD will be approved. How long has she spent in Canada in the past 5 years? If you moved to the US for employment reasons that wouldn’t be considered an H&C reason. You should be more worried about her losing PR and if you want to fight to try to keep her PR you should be consulting a lawyer. If you ever move back to Canada you can sponsor her again. If you have no immediate plans to return to Canada then not sure it makes sense to fight to retain PR.