PR living with Canadian Spouse in US - Days count?

[ForumUser]

My grandaughter is married to a US citizen and living in the US.

Her husband has received permanent residency in Canada as of Feb. 2015.

She believes that because she is a CA citizen that her days in the US count for him.

I think not, that he needs 730 days in CA to keep residency.

She also thinks that the time they lived together before his getting residency in Canada before going back to US count.

I think not.

Please help.

Thank you.

[SettlementOrgMod]

Hello,

Thank you for sharing your question with us.

You can find some detailed information in the Immigration, Refugees and Citizenship CanadaOperational Manual ENF 23 - Loss of Permanent Resident Status.

According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,

@<b>

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 your permanent residence requirement. It is interesting to note that it also states,

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.

(Italics and Bold ours)

You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,


"Residency Requirement

To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

An officer can confirm if your time in Canada counts when you:

• re-enter Canada, or- apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

• travelling with your spouse or partner who is a Canadian citizen,- a child travelling with his or her father or mother who is a Canadian citizen,- an employee of (or under contract to) a Canadian business.

It may also count if you are:

travelling with your spouse or partner who is a permanent resident and works full-time for:

• a Canadian business, or- the public service of Canada or a province,"

The time spent in Canada with her before he became a Permanent Resident does not count to meet his permanent 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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[Nadaha]

I am living in Lebanon and my husband is Canadian. I want to renew my Residence permit card but unable to take off from my work . can I send the required documents from Lebanon??
your reply is highly appreciated
thanks y ou

[SettlementOrgMod]

Hello,

Thanks for sharing your situation and question with us.

According to the ENF 27 Permanent Resident Card manual,

“R56(2) states clearly that a PR card application must be made in Canada.[…]The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).”

You may want to get someone in Canada to contact the CIC Call Centre directly for some clarification and additional information regarding the PR card Renewal process.

If you would like to contact CIC, we have had some of our users previously state that they have been able to contact CIC from abroad by dialing 1 613 944 4000 . Listen to the options to get to CIC.

Some have reported that it is no longer working.

You may want to give it a try. If you do decide to call, let us know the outcome.

Long distance charges will apply.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[Nadaha]

it is not the first time i apply for renewal of PR.

• 1st step: I send by post the photocopies of the documents required + photo taken in canada stamped by the photographer with the date 9This - is the step which I wna to know if it can be done from abroad)
• 2nd step: I wait until the letter comes for the interview date
• 3rd stwi: I go with the original documents to get the new PR

I want to know if I can do only the first step from my country, I mean to send the photocopies of the documents required by post and when the letter comes to the address inside canada I travel.

I hope I could clarify my question.
thanks a lot for your reply as I am in need of it as I cannot leave my country for more than 15 days, I risk to lose my job

[SettlementOrgMod]

Hello,

Thank you for sharing your additional questions with us.

As stated above, according to the ENF 27 Permanent Resident Card manual,

“R56(2) states clearly that a PR card application must be made in Canada.[…]The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).” (Italics and bold ours)

As suggested above, it may be best for you to get someone in Canada to contact the CIC Call Centre directly for some clarification and additional information regarding the PR card Renewal process.

It may also be best for you to contact CIC, we have had some of our users previously state that they have been able to contact CIC from abroad by dialing 1 613 944 4000 . Listen to the options to get to CIC.

Some have reported that it is no longer working.

You may want to give it a try. If you do decide to call, let us know the outcome.

Long distance charges will apply.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org