Aymen
February 9, 2019, 1:10am
1
Hello every one
But i have to go back for a period of time .
Can i count The Days our side Canada as a physical presence when accompanying my spouse and my Canadian son ?
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status .
According to the Operational Manual ENF 23 - Loss of Permanent Resident Status ,
"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."
So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement. Unfortunately, it does not apply to a Canadian citizen child accompanying you. Settlement.Org What are the residency requirements for permanent residents (PRs)? article.
Here is an excerpt,
As a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period . The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.
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, CIRS,CRSSettlement.Org
Aymen
February 16, 2019, 2:17am
3
Very Good
were a permanent resident employed in or with the:
Canadian Armed Forces- federal public administration- public service of a province or territory
lived outside Canada with your Canadian spouse or common-law partner or permanent resident spouse, common-law partner, or parent who was employed in or with the:
Canadian Armed Forces- federal public administration- public service of a province or territory
Hello,
We can appreciate that you would be interested in this type of information.
You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status .
According to the Operational Manual ENF 23 - Loss of Permanent Resident Status ,
"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."
So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement. Unfortunately, it does not apply to a Canadian citizen child accompanying you. Settlement.Org What are the residency requirements for permanent residents (PRs)? article.
Here is an excerpt,
As a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period . The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.
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, CIRS,CRSSettlement.Org
Hello,
Thank you for sharing this additional question with us.
Do any of the above circumstances apply to your situation?
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, CIRS,CRSSettlement.Org
Aymen
February 18, 2019, 2:04am
5
I am only A permanent resident but my Canadian wife doesn’t work at all .
Hello,
Thank you for sharing this additional question with us.
Do any of the above circumstances apply to your situation?
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, CIRS,CRSSettlement.Org
Hello,
According to the Immigration, Refugees and Citizenship Canada (IRCC) website,
Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.
You can count time spent outside Canada toward the physical presence requirement for citizenship if you:
Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or- Resided outside Canada with your:
Canadian spouse or common-law partner, or- permanent resident spouse, common-law partner, or parentcommon-law partner can be calculated from the time the common-law relationship began.
Use the online physical presence calculator . Complete and submit the CIT 0177 Residence Outside Canada form when you apply. Citizenship and Immigration Canada will decide whether the time you lived outside Canada is eligible to be counted.
These are the only circumstances by which it would apply in relation to citizenship.
=====Settlement.Org Content and Information/Referral Specialist, CIRS,CRSSettlement.Org