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Old Dec 28th 2012 | 12:51 pm
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Default 2nd Time Lucky

Dear All

Just thought I would say a big Hi to all on the board as I found it such a great help last time around.

In 2007, just after my father passed away, my partner and I moved to Toronto and the experience was not the best for a number of reasons. Primarily as I had not really given myself a chance to grieve over the lost of my parent.

Also, as a diabetic, we moved to Toronto and I found the winter there exceptionally cold. We had did our research - but I don't think we expected it to be so bad as I had not experienced those conditions for so long ever.

We lasted a year and then decided to return to the UK. Another factor was my partner's mothers health (she had become frailer and my partner did not want to be that far away from her.)

We are now contemplating heading back to Canada - Vancouver this time, as this is where my partner is from, the weather would be more acceptable to me and I have managed to grieve over my father and find his death more acceptable.

I have 2 real questions :

1) I believe that my days out of the country as a non Canadian Citizen do not count as I am out of the country because my partner (who is a Canadian Citizen) has been in the uk looking after his mother. Is that correct?

2) What are the best rental sites for properties in the Vancouver/Coquitlam area.

Thanks in advance

R
 
Old Dec 28th 2012 | 2:30 pm
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Default Re: 2nd Time Lucky

Originally Posted by 2ndChancers
Dear All


1) I believe that my days out of the country as a non Canadian Citizen do not count as I am out of the country because my partner (who is a Canadian Citizen) has been in the uk looking after his mother. Is that correct?


R
Did you become a sponsored PR before you left in 2008?
 
Old Dec 28th 2012 | 4:38 pm
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Default Re: 2nd Time Lucky

If you were a landed PR at the time you left then the time spent with your spouse would count towards your residency as he is a Canadian Citizen.

http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

(page 18)

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 no tnecessary 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.
 
Old Dec 28th 2012 | 8:42 pm
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Default Re: 2nd Time Lucky

Originally Posted by 2ndChancers
Dear All

2) What are the best rental sites for properties in the Vancouver/Coquitlam area.

Thanks in advance

R
Good luck with your return to Canada!
I can't help you with your first query, but regarding the second one, we mainly used Craigslit, but adverts put up by agencies. We looked for places from the UK and set up some viewings for when we got there. We didn't actually go view any of them as a different place came up the morning we arrived, we saw it and took it. Moved in the same day. It was through an agency, but the advert was posted on Craigslist.

Some other places we looked at:
www.mybcrental.com
www.easyrent.ca
www.adventvancouver.com
rentitfurnished.com
 
Old Dec 29th 2012 | 2:41 am
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Default Re: 2nd Time Lucky

Thanks Guys

Yeah I have a PR Card, expires on the 22nd December 2013. Will I need a Canadian Address to renew? Can I have it sent to a UK address? Does anyone know?

Rx
 
Old Dec 29th 2012 | 4:17 am
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Default Re: 2nd Time Lucky

PR cards will only be sent to Canadian addresses, sorry.

If I were you, I'd fly in armed with proof that you have met the residency requirement, e.g. your partner's Canadian passport, proof of relationship, proof that you've been residing together, etc.

If the CBSA officer is in any doubt about you meeting the residency requirement, you'll have to appear before a judge. You'd want to avoid that hassle.
 
Old Dec 29th 2012 | 6:06 am
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Default Re: 2nd Time Lucky

Golly Gosh - hope that does not happen. My Patner's mother is 86 and we have had to base ourselves in the UK to care for her. I have plenty of proof we have been living together during that time.

So really we need to be back in Canada before my current card expires?

R
 
Old Dec 29th 2012 | 7:23 am
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Default Re: 2nd Time Lucky

Others are much more eloquent than I could ever be - Former Lancastrian for example, who's a CBSA officer.

But given that they don't seem to be around...

The PR card does not equal PR status. The card is merely an indication of that status.

And it's the *status* that counts. If you reside abroad with your Canadian Citizen (common-law) spouse, you are deemed to have complied with the residency requirements. So you keep the status. Your PR card may expire, but you still have the status.

Now put yourself in the boots of the CBSA officer at the port of entry. Even though your PR card is still valid, (s)he will spot that you've been living outside of Canada for a long, long time. So (s)he will suspect you of not meeting the residency requirements. If you can't prove, there and then, that you did, you will still be allowed in, but you will be required to appear in front of a judge. As I said before, save yourself the hassle and bring proof of:

1. Spouse's Canadian Citizenship
2. Your relationship to him/her (marriage cert, etc)
3. Residence with him/her (council tax, joint accounts, etc)

Edited to add: as long as you continue to live with your Canadian citizen partner, you can live outside of Canada for as long as you wish, without losing PR status. It does not matter if your PR card expires.

Last edited by FlyingDutchman6666; Dec 29th 2012 at 7:27 am.
 
Old Dec 29th 2012 | 9:13 am
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Default Re: 2nd Time Lucky

Originally Posted by 2ndChancers
Golly Gosh - hope that does not happen. My Patner's mother is 86 and we have had to base ourselves in the UK to care for her. I have plenty of proof we have been living together during that time.

So really we need to be back in Canada before my current card expires?

R
You are over thinking this. You have a valid PR card and you have valid PR status. Stop worrying and just enter normally like everyone else.
 

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