residency obligation for a travel document

[tegveer]

I am sorry for asking a similar question I have asked before but according to this link -

http://www.cic.gc.ca/english/information/applications/guides/5529E2.asp

you can count the days you have spent accompanying a permanent resident for your residency obligation and it doesn't say anything about that PR being employed in a Canadian business/job , he should only comply with his residency obligation .

so is the PR has to be employed by Canadian business if he has to comply with his residency obligation ( if he lives outside canada accompanying his spouse/child for more than 3 years ) or it doesn't matter that he is complying with his residency obligation and he has to be employed by a Canadian business .

Thanks for your time !

 

[PMM]

Hi

I am sorry for asking a similar question I have asked before but according to this link -

http://www.cic.gc.ca/english/information/applications/guides/5529E2.asp

you can count the days you have spent accompanying a permanent resident for your residency obligation and it doesn't say anything about that PR being employed in a Canadian business/job , he should only comply with his residency obligation .

so is the PR has to be employed by Canadian business if he has to comply with his residency obligation ( if he lives outside canada accompanying his spouse/child for more than 3 years ) or it doesn't matter that he is complying with his residency obligation and he has to be employed by a Canadian business .

Thanks for your time !

1. Re-read it a little closer, only if the PR is working for a Canadian company abroad or the Federal/Provincial Gov. or Military will the spouse and dependents meet their residency obligations.

Accompanying a permanent resident

Each day that you are accompanying a permanent resident outside Canada is considered a day for which you satisfy the residency obligations provided that:

* the person you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age); and
* the person you are accompanying is in compliance with their own residency obligation.

The total number of days that you spend accompanying a permanent resident may be added to the total number of days for which you otherwise satisfy the residency obligations.

 

[barabashka_]

I may be wrong here...but it looks to me that according to what is written above, one can spend outside Canada 3 years, while his/her spouse is in Canada (thus, spouse met his/her residency obligation). Then, the spouse can join the person outside Canada and for next 3 years they are both fine, since now the spouse met the residency obligation, and the original person now "accompanying" his/her spouse.

It sounds strange, but I cannot see what the trick here is. It's "too good to be true". What is the trick?

 

[PMM]

Hi

I may be wrong here...but it looks to me that according to what is written above, one can spend outside Canada 3 years, while his/her spouse is in Canada (thus, spouse met his/her residency obligation). Then, the spouse can join the person outside Canada and for next 3 years they are both fine, since now the spouse met the residency obligation, and the original person now "accompanying" his/her spouse.

It sounds strange, but I cannot see what the trick here is. It's "too good to be true". What is the trick?

No, it doesn't work like that. The only way a PR could count their time other what was posted if they are accompanying a CC spouse or parent abroad.

 

[Leon]

You might think from the quote above that is is enough for one PR to live in Canada 730 days and then going overseas for 730 days to give the PR residency requirement to the other one but if you read the application instructions for PR card/ travel document, you will see this:

OPTION 3. Accompanying a permanent resident outside Canada

You may count each day you accompanied a permanent resident outside Canada provided that:

the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age); and
he or she was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province during the period you accompanied him or her.

You could still stretch it and ask if it is enough that the person is employed on a full time basis in Canada and could take leaves to visit you overseas while still being employed full time in Canada but if you look at how much leave would be needed, 730 days in 5 years, that is almost 5 months a year, it would not be possible to take so much leave and still be considered to be employed full time.

 

[barabashka_]

Oh, thanks PMM and Leon for the information.