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Residency Obligation for Citizenship

homecanadaUNstaff

Full Member
May 13, 2019
26
10
Dear All,

If a PR is working outside Canada and his spouse is a Canadian Citizen, they live together where the husband is working. Does the time spent outside Canada with his citizen spouse and children count towards the residency obligation for Canadian Citizenship?

Thank you.
 
 

PMM

VIP Member
Jun 30, 2005
25,492
1,932
Hi

Dear All,

If a PR is working outside Canada and his spouse is a Canadian Citizen, they live together where the husband is working. Does the time spent outside Canada with his citizen spouse and children count towards the residency obligation for Canadian Citizenship?

Thank you.
1. No, unless it is for the Canadian Military or Federal or Provincial Gov't.
 
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homecanadaUNstaff

Full Member
May 13, 2019
26
10
Hi



1. No, unless it is for the Canadian Military or Federal or Provincial Gov't.
thank you for your response.

I was reading online Operational Manual ENF 23 - Loss of Permanent Resident Status. Does this rule apply in my case ?
"7.5. Accompanying a Canadian citizen outside Canada"
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

 

Bs65

VIP Member
Mar 22, 2016
13,196
2,411
thank you for your response.

I was reading online Operational Manual ENF 23 - Loss of Permanent Resident Status. Does this rule apply in my case ?
"7.5. Accompanying a Canadian citizen outside Canada"
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.
The clue is in the heading ‘loss of permanent resident status’

This guideline is only for the PR residency obligation, for citizenship only actual physical presence days in Canada count so the accompany guideline does not apply.
 

homecanadaUNstaff

Full Member
May 13, 2019
26
10
The clue is in the heading ‘loss of permanent resident status’

This guideline is only for the PR residency obligation, for citizenship only actual physical presence days in Canada count so the accompany guideline does not apply.
Just for my understanding
Can he get his PR renewed if he lives together with his wife (citizen) outside Canada?