miky348 said:
Hello,
I am a Canadian citizen and my wife is US citizen. I sponsored her and she received her PR in 2009, and her PR renewal is in 2014. In Dec-2012 we moved to Asia (to pursue better opportunities) and declared non-residency to CRA. Now my wife is planning to move to US (she feels that US would be better for her career), whereas I will continue to live in Asia.
Question:
1. Will she be able to renew her PR since we are both non-resident and reside in different continents?
2. Where can I get concrete answer to my above query?
3. What do you experts suggest?
Thanks
miky
Hi miky,
Section 28 2 a ii IRPA which allows that
days spent outside Canada with Canadian spouse are counted to towards residency obligation.
Section 28 of the IRPA states as follows:
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(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;
(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
Perhaps the following link about an appeal on Residency Status about accompanying a Canadian citizen spouse abroad, may be interesting for you:
http://www.canlii.org/en/ca/irb/doc/2011/2011canlii87378/2011canlii87378.html
