Should I land or should I not ?

[slisko]

Hi,

I got my confirmation of PR letter. Now I am planning a trip to Canada to speak with a potential employer, but since I will only be there for a day or two, I was wondering if I should "land" or ask the border officer for a tourist visa and only land in August when I am planning to finally move there (so I don't start the clock of the 2 out of 5 years where I need to be residing inside Canada with 4-5 months outside...). I definitely won't have time on this trip to request my PR card, etc.

Also, I read somewhere in this forum that the time abroad you spend following your sponsor counts as time towards those 2 years. Since my sponsor is moving with me (but she'll be staying a bit longer and establishing her residency there in this trip) in August does that count ? How does one prove to CIC that you were "following your sponsor" ?

Thanks in advance for the advice.

 

[Leon]

If you land, your PR card request will be automatic if you give an address. Otherwise, you'd have 6 months to give an address or if you don't, you'd have to fill out a form for a PR card again and provide new photos. Cost around $50 and processing time for the PR card would now the same as a renewal or about 3 months. Otherwise it is shorter for a new card.

I think it may be better for you not to land this time. However, you must land before your visa expiry.

Time spent with a Canadian spouse overseas counts towards the residency requirements.

 

[slisko]

Thank you Leon,

very helpful. I won't have an address, so I will probably argue for not landing.

How does CIC determine the time I spent abroad with my common-law partner.
Do I have to prove it somehow ? The time in canada is easily established by looking at boirder crossings, but I am not sure about the rest.

For example, if she re-establishes her residency in Canada, but is still with me abroad as we prepare to move our home, etc. how can i prove to CIC that time ?

Thanks again.

S

 

[Leon]

You only need 2/5 years in Canada so if your spouse moves to Canada and you don't, as long as you still spend a combination of 730 days either in Canada or outside Canada with your spouse, you would be ok.

When you apply to renew your PR card, if you don't have 730 days in Canada and have to rely on time spent outside with your spouse, if there is a period in there that you and your spouse were both living and working outside Canada, it should be easy to prove with pay slips and tax records that you were working in the same town and living at the same address. If your spouse was not working but only visiting you, it could be a bit harder. Just in case, you should both keep all your boarding cards from all flights and keep all old passports as well.

 

[slisko]

Thanks !