Hi all, I need some clarification on Section 7.5 of ENF as noted below. Does Canadian Citizen have to have an employment with Canadian business outside of Canada or this section does not require that?
If I have more than 730 days left in my first five years after getting PR, and my wife who is Canadian citizen joins me in U.S, would I retain my PR status and would be able to have it renewed on expiration. Thanks.
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.
For the purposes of A28(2)(a)(ii) and A28(2)(a)(iv), R61(6) defines a child as being a child of a
parent referred to in those subparagraphs who is not and has never been a spouse or commonlaw
partner and is less than 22 years of age.
If I have more than 730 days left in my first five years after getting PR, and my wife who is Canadian citizen joins me in U.S, would I retain my PR status and would be able to have it renewed on expiration. Thanks.
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.
For the purposes of A28(2)(a)(ii) and A28(2)(a)(iv), R61(6) defines a child as being a child of a
parent referred to in those subparagraphs who is not and has never been a spouse or commonlaw
partner and is less than 22 years of age.