Hi All,
I am a Canadian PR holder and have been out of country for last 4 years. My husband is a Canadian Citizen. Can I apply for PR renewal without 730 days requirements considering I am married to a Canadian Citizen ? Or do I have to go back to Canada, stay there for 2 years and then apply for renewal ? Please let me know.
Days abroad "
accompanying" a Canadian citizen spouse generally count toward meeting a PR's Residency Obligation. While living together abroad is usually sufficient to get the credit, there are circumstances in which IRCC looks more closely to verify the PR has actually been "
accompanying" the citizen spouse abroad.
If you were both living together in Canada before moving abroad, and have been ordinarily residing together while abroad, that generally works, no problem getting the credit.
There is no need to renew the PR card unless and until you are ready to return to Canada to stay. PR status does not expire. For travel to Canada in the meantime, IRCC policy favours the PR rely on obtaining a PR Travel Document. Some PRs living with Canadian citizens abroad have been issued multiple use PR TDs valid for up to five years (or less if their passport expires sooner).
You could return to Canada to make a PR card application. But that is not necessary as long as you meet the criteria for the accompanying a citizen spouse credit.
If you were not living together in Canada before moving together abroad, or you have not been ordinarily residing together these past four years, you may want to look closer at what the criteria is for the accompanying a citizen spouse credit.
It depends on the reason why the Cnadian spouse have been outside of Canada.
For example, your husband was employed by a Canadian company and was transferred working overseas. Then you can count the days spending with him for your own residency. Otherwise, you have to take the risk to go back to Canada, and stay there to meet your residency obligation and then apply for the renewal. I say there is risk because you might be reported by them for being outside Canada for so long.
No. Whether a Canadian PR qualifies for credit toward the Residency Obligation for time abroad living with a Canadian citizen spouse does not depend on the reason why the citizen spouse has been outside Canada.
It only requires that the PR be "accompanying" the citizen spouse abroad. Reason why they are abroad is not relevant.
