Residency requirement- overseas with Canadian spouse

[otmans]

This has been asked many times before, but I see that everyone has their different situations. I am up for renewal starting this April and any insights would be really useful as it seems the wording has changed from few years back on who is accompanying whom.

-I got my PR late 2018, did a short landing then headed back to where I worked at the time, the UK.
- I married a Canadian citizen afterwards, where she decided to travel to the UK and also found a job there. (we are still in the UK)
- In December 2019, our son was born in the UK, and he has been issued his Canadian citizenship certificate (Canadian mother)
- In October 2020, my wife began her PhD studies in the UK and she still studying towards it.

I am bit a confused as I recall in 2019 there was a clear statement on one of the CIC guidelines that it didn't matter who is accompanying whom, but from what I gather now things are different? It is still our intention to go to Canada permanently, we just haven't found the right employment opportunities there yet. We have been visiting regularly, but only short visits.

Do I need to show that I was accompanying here the past 5 years or do I need to show the past 2 years only?

Has there been any cases where the PR renewal was refused based on the who accompanying whom or it is all very fluid?

Sorry for the long post, any guidance would be really appreciated.

 

[canuck78]

This has been asked many times before, but I see that everyone has their different situations. I am up for renewal starting this April and any insights would be really useful as it seems the wording has changed from few years back on who is accompanying whom.

-I got my PR late 2018, did a short landing then headed back to where I worked at the time, the UK.
- I married a Canadian citizen afterwards, where she decided to travel to the UK and also found a job there. (we are still in the UK)
- In December 2019, our son was born in the UK, and he has been issued his Canadian citizenship certificate (Canadian mother)
- In October 2020, my wife began her PhD studies in the UK and she still studying towards it.

I am bit a confused as I recall in 2019 there was a clear statement on one of the CIC guidelines that it didn't matter who is accompanying whom, but from what I gather now things are different? It is still our intention to go to Canada permanently, we just haven't found the right employment opportunities there yet. We have been visiting regularly, but only short visits.

Do I need to show that I was accompanying here the past 5 years or do I need to show the past 2 years only?

Has there been any cases where the PR renewal was refused based on the who accompanying whom or it is all very fluid?

Sorry for the long post, any guidance would be really appreciated.

Whole discussion in another post

 

[ski]

I (Canadian citizen) applied for a PRTD for my wife who is a PR and we have been living together in Germany. Our case has a few similarities to yours. She left very soon after she got her PR and has spent less than 100 days in Canada in the five year window. Also, I accompanied her and so our living together should technically not have counted if the who accompanied whom was applied.

A few questions:
1. Have you lived in Canada before your PR? That is do you have any ties to Canada, even if they are before your PR?
2. From your post, you married a Canadian citizen in the UK, but have you travelled together to Canada after that?
3. Any other ties - bank accounts, etc?

The only good thing about applying for a PRTD is that the process is super fast. My wife's was approved within a few days and we got her passport back within 10 days. She has a multiple entry R-1 visa valid for a year from the date of application.

However, it is quite tough to say when they will apply the who accompanied whom condition. In our case, my wife had been an international student for a long time before her PR and we got married in Toronto. After which we lived in Canada for a year. It is only that after her PR she has not stayed in Canada. That might have been the reason why they granted her a PRTD - ties to Canada.

 

[canuck78]

I (Canadian citizen) applied for a PRTD for my wife who is a PR and we have been living together in Germany. Our case has a few similarities to yours. She left very soon after she got her PR and has spent less than 100 days in Canada in the five year window. Also, I accompanied her and so our living together should technically not have counted if the who accompanied whom was applied.

A few questions:
1. Have you lived in Canada before your PR? That is do you have any ties to Canada, even if they are before your PR?
2. From your post, you married a Canadian citizen in the UK, but have you travelled together to Canada after that?
3. Any other ties - bank accounts, etc?

The only good thing about applying for a PRTD is that the process is super fast. My wife's was approved within a few days and we got her passport back within 10 days. She has a multiple entry R-1 visa valid for a year from the date of application.

However, it is quite tough to say when they will apply the who accompanied whom condition. In our case, my wife had been an international student for a long time before her PR and we got married in Toronto. After which we lived in Canada for a year. It is only that after her PR she has not stayed in Canada. That might have been the reason why they granted her a PRTD - ties to Canada.

Applying for PRTD is very different than applying for a new PR card.

Cases are also very different. One was established in Canada and spent more time in Canada after getting PR. Never having ever worked or lived inCanada permanently is very different than your situation. Leaving soon after getting PR is also not great but if you have spent at least few months in Canada after receiving PR versus less than a few weeks and had been living and working in Canada before getting PR for quite some time, chance of not being able to count time together abroad is very low.

 

[ski]

Applying for PRTD is very different than applying for a new PR card.

Cases are also very different. One was established in Canada and spent more time in Canada after getting PR. Never having ever worked or lived inCanada permanently is very different than your situation. Leaving soon after getting PR is also not great but if you have spent at least few months in Canada after receiving PR versus less than a few weeks and had been living and working in Canada before getting PR for quite some time, chance of not being able to count time together abroad is very low.

He can't apply for a PR card from outside Canada. If his PR card is still valid he can go back and apply for renewal in Canada. Or he can apply for PRTD after his PR card expires when he decides to go back.