Renewing PR card, married a Canadian since original was issued.

[Amy0h]

I am a permanent resident and am 6 months away from expiry of my PR Card. I married a Canadian citizen last year and one of the Border Control personnel told me that i no longer had to meet the residency requirement since I had married a Canadian.
I have searched the Canadian immigration sites and can find no reference to a change in obligations that occur when a PR marries a citizen. Can anyone here help me out ? Is there a site I can go to to get the information I need ? I appreciate any help you can offer. Thank you.

 

[Tubsmagee]

I am a permanent resident and am 6 months away from expiry of my PR Card. I married a Canadian citizen last year and one of the Border Control personnel told me that i no longer had to meet the residency requirement since I had married a Canadian.
I have searched the Canadian immigration sites and can find no reference to a change in obligations that occur when a PR marries a citizen. Can anyone here help me out ? Is there a site I can go to to get the information I need ? I appreciate any help you can offer. Thank you.

Are you residing outside of Canada? The BC personnel was likely referring to this, which states that a Permanent Resident who is accompanying a Canadian citizen spouse outside of the country is credited for time spent with spouse. I am in such a situation, but wouldn't trust completely in it, as there have been decisions where the question of who accompanied whom led to a negative determination.

IRPA 28(2)(a)(ii)

Residency obligation

• 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
  
  
• Marginal note:Application
  (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.

If you want more information about how the process works, I recommend reading some of the recent decisions:

• https://www.canlii.org/en/ca/irb/doc/2018/2018canlii47219/2018canlii47219.html
  
• https://www.canlii.org/en/ca/irb/doc/2018/2018canlii46499/2018canlii46499.html
  
• https://www.canlii.org/en/ca/irb/doc/2016/2016canlii64004/2016canlii64004.html
  
• https://www.canlii.org/en/ca/irb/doc/2017/2017canlii36612/2017canlii36612.html
  
• https://www.canlii.org/en/ca/irb/doc/2017/2017canlii29598/2017canlii29598.html

 

[vensak]

In addition, you would have to prove living together abroad. Just being married to a Canadian is not enough.
Be also aware, that those days will count toward your residency but not towards your citizenship.

 

[Buletruck]

And days before you were married would not count towards RO.