I am a Canadian PR since 2014.
In 2017 I intend to travel abroad to work in Italy for 1-3 years with my partner, who is a Canadian citizen.
As I understand, my time spent outside of Canada with my Canadian partner can be considered as time spent in Canada. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=10
Can you please advise what provisions I should take in order to ensure a smooth re-entry to Canada when I return with my partner.
From my online research I realize that proof of cohabitation, proof of his citizenship and any relationship evidence is necessary.
However, I don’t want to go abroad for 3 years and return with fingers crossed, hoping that the port of entry officer will accept my request to re-enter.
I want to know what steps I should be taking to ensure that I maintain my residency while I am away.
Thank you
Hello,
Thank you for sharing your situation and question with us.
It is great that you are looking into this type of information. We can appreciate that you would want to be sure before re-entering Canada.
You can find some additionally helpful information in the Operational Manual ENF 23 - Loss of Permanent Resident Status .
According to the Operational Manual ENF 23 - Loss of Permanent Resident Status ,
Onus rests with the permanent resident
As indicated throughout this manual chapter, the onus rests with the permanent resident to provide the necessary information and evidence to satisfy an officer that they are in compliance with the legislation. An officer, when deciding whether a permanent resident complies with A28(2)(a)(iv), may address, inter alia, the following factors:
whether the permanent resident is a bona fide spouse or common-law partner or child of the person they are accompanying abroad;- whether the permanent resident normally resides with the person they are accompanying abroad;- whether the person the permanent resident is accompanying is a Canadian citizen or a permanent resident of Canada; and- if the person concerned is accompanying a permanent resident, whether that permanent resident is in compliance with their own residency obligation.
Documentation and information presented by a permanent resident that may be considered by an officer may include, inter alia: a marriage license; a child’s birth certificate or baptismal document; adoption or guardianship documents; school and/or employment records; passport and/or other travel documents or documentation; employment letters; such other documentation from a permanent resident being accompanied – as considered necessary by an officer - to confirm that the permanent resident being accompanied is in compliance with their own residency obligation.
Note: The above list is not meant to be all encompassing nor exhaustive. Officers may ask permanent residents to provide such documentation, as an officer deems necessary in the circumstances, to allow for a determination to be made with respect to the residency obligation provision of the Immigration and Refugee Protection Act.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====Settlement.Org Content and Information/Referral Specialist, CIRSSettlement.Org