navin
October 16, 2017, 7:13am
1
Hello!
Some background:
I am a Canadian Citizen presently residing in India. My wife was a PR Holder at the time we got married in 2009. Shortly after marriage, we moved to Dubai as I had a job working there and she received a job there as well.
Unfortunately, shortly after our marriage, she was diagnosed with a type of Cancer and we moved to India (home of origin and near her family for treatment) where after she completed her treatment she started a small business and I began working.
Once she was cleared with a bill of good health we had a baby boy (now a Canadian Citizen via paternal connection) in 2013, however shortly after this her PR expired and as I was under the impression she had to reside in Canada had not ventured upon alternate methods of renewal until we decided to go back.
Recently, it was brought to my attention that should a PR holder reside with a Canadian Citizen outside Canada, her days of obligation for PR/PR renewal can be considered.
We now have a second baby boy (who should assume citizenship from the paternal side soon) and have intention to return to Canada permanently in the foreseeable future(at the earliest opportunity) and in the interim travel on holiday with the kids.
My question:
As mentioned: now with both kids and myself as citizens of Canada, I foresee us travelling to and from Canada often enough going forward with eventual intent to move permanently to Canada.
I am considering applying for renewal of my wife’s PR after this new information regarding days counting outside Canada when residing with a Canadian Citizen as a spouse.
Is this advisable?
And any help regarding the procedure to go about this type of application is greatly appreciated.
Essentially, this allows her to travel along with us to and from Canada with relative ease (no visa, etc…) as well as her eligibility for citizenship/ Canadian passport upon our permanent move back to happen faster. (Given she should have a valid PR card at that point in time).
I hope I am clear in my question and look forward to your responses!
Hello,
Thank you for sharing your family’s 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. 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
In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen
(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
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,
When you state “PR Renewal”, if you are referring to renewing the PR card in order to enter Canada because it has expired, your wife may have to apply for a Permanent Resident Travel Document .
You can find some detailed information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Permanent Resident Travel Document section.
Here is an excerpt,
and additionally in the Applying for a travel document (permanent resident abroad) (IMM 5529) section,
This application is for permanent residents outside Canada who do not have a valid permanent resident card to return to Canada. Travel documents are issued to permanent residents abroad to provide proof to a transportation company that the holder is entitled to re-enter Canada as a permanent resident.
Note to holders of a:
Record of Landing (IMM 1000)- Confirmation of Permanent Residence (IMM 5292 or IMM 5688)
These documents are not valid for travel to Canada. You must have a permanent resident card or a travel document to re-enter Canada by train, plane, boat or bus.
Who should not apply for a travel document?
You can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.
Here is an excerpt,
I am outside of Canada and do not have a PR card. How can I return to Canada?
Canada’s entry requirements are changing
Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.
It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.
Returning by private vehicle
There are other documents you can use to enter the country.
When you return to Canada, apply for a PR card if you plan to travel outside Canada again.
Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.
Returning by commercial vehicle: airplane, bus, train, or boat
You must apply for a permanent resident travel document (PRTD) , valid for one entry. Otherwise you may not be able to travel to Canada.
You can apply to replace your PR card when you return to Canada.
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
navin
October 20, 2017, 7:32am
3
Dear Moderator,
This is indeed helpful information!
I shall look into it in more detail and figure out an appropriate method to renew my wife’s PR card.
Thank you!
Regards,
Navin
Hello,
Thank you for sharing your family’s 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. 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
In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen
(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
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,
When you state “PR Renewal”, if you are referring to renewing the PR card in order to enter Canada because it has expired, your wife may have to apply for a Permanent Resident Travel Document .
You can find some detailed information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Permanent Resident Travel Document section.
Here is an excerpt,
and additionally in the Applying for a travel document (permanent resident abroad) (IMM 5529) section,
This application is for permanent residents outside Canada who do not have a valid permanent resident card to return to Canada. Travel documents are issued to permanent residents abroad to provide proof to a transportation company that the holder is entitled to re-enter Canada as a permanent resident.
Note to holders of a:
Record of Landing (IMM 1000)- Confirmation of Permanent Residence (IMM 5292 or IMM 5688)
These documents are not valid for travel to Canada. You must have a permanent resident card or a travel document to re-enter Canada by train, plane, boat or bus.
Who should not apply for a travel document?
You can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.
Here is an excerpt,
I am outside of Canada and do not have a PR card. How can I return to Canada?
Canada’s entry requirements are changing
Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.
It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.
Returning by private vehicle
There are other documents you can use to enter the country.
When you return to Canada, apply for a PR card if you plan to travel outside Canada again.
Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.
Returning by commercial vehicle: airplane, bus, train, or boat
You must apply for a permanent resident travel document (PRTD) , valid for one entry. Otherwise you may not be able to travel to Canada.
You can apply to replace your PR card when you return to Canada.
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
Hello Navin,
Thank you for your feedback.
You are very welcome!
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