RoShamBo

I'm currently waiting for my PR to come through via the Spouse sponshorship route. (no kids if that makes any difference?)

I intend to activate my initial PR within the 12 month period. Then we intend to return to the UK to sell up and sort our lives out before we move.

Am I right to understand that days outside Canada with a Canadian spouse count the same the as days in Canada for the purpose of PR status maintenance?

So, Could I live in the UK with my Canadian spouse for the next 5 years and then simply renew my PR for the $50 fee? How long could I live in the UK (with my Canadian wife) and keep renewing my PR for?

I want to have my PR sorted so I can move to Canada when the time (and job hunting/family circumstance) is right. Can I just keep renewing PR indefinately?

cheeky_monkey

no i think you have to be resident in Canada for at least 2 years during that 5 years to be able to renew your PR

christmasoompa

No you don't, not if you are married to a Canadian citizen and residing with them abroad. That counts as residency for PR purposes, so you can stay out of Canada indefinitely as long as you are living with your Canadian citizen spouse.

http://britishexpats.com/wiki/Catego...cy_Obligations

RoShamBo

Thanks for the clariification. I thought I had it right but its complicated and a bit over-whelming at times!

I'm happy with the 2 in 5 rule, being overseas with my Canadian spouse makes me eligible for this.

Is there a limit to how long or how many times you can renew your PR though?

I intend to activate my PR and return to the UK for an, as yet, unknown amount of time. Taking things to extremes - Can I keep renewing PR (without living in Canada) for say 15+ years? And then move to Canada when circumstances are right for us?

(I appreciate I always need to be living with my Canadian spouse whilst we are not in Canada)

iaink

Yes

iaink

No


Technically you only need to be living with her for 2 out of 5 years, you are allowed some time off for good behaviour

RoShamBo

Thats excellent news. Things are shaping up slightly easier than I imagined they might have done!

I always be living with her so the 2 in 5 is no problem. If ever we arent living together then that'll be the end of my reasons to move to Canada.

Its all getting more and more real as the days pass, Looking forward to moving though and this forum has been a huge help with the mountain of questions and issues I have gained knowledge about.

bewillow

I was thinking the same thing and started a small discussion at: spouse of Canadian: applying for PR WAY-ahead-of-time just to get it over with

This is pretty much what you are thinking of doing.

britsnake

Be aware that you have to be in Canada to renew your PR card. This means that if you wanted to do this, you would have to be in Canada for a little time every 5 years.

You can maintain your PR status without having a PR card and would just have to apply for travel documents when it was time to move. The assumption is that if you do not have a valid PR card, you are not a Permanent Resident so make sure that you keep the proof in a safe place.

iaink

well, technically, yes.

The other option is to travel under the visa waiver scheme when you want to return to Canada and then get the card once here, but the travel document is the water tight approach.

Plenty of canadian based permanent residents dont have a current PR card I suspect, its not a legal requirement AFAIK to keep a valid one. Its only necessary for travel, and even then if you have a UK passport there may be ways around it.

britsnake

"it is mandatory for all Canadian Permanent Residents to present a valid PR card, or Travel Document, to personnel before boarding any flight, bus, boat or train returning to Canada."

Though many airlines will let us on the flight as we are from a visa waiver country, it does not change the requirement.

If we enter Canada with an expired PR card, we can expect to be asked some pretty hard questions and will need to provide them with all the required proofs.

In my opinion it will be easier to go through all of that in the UK when you apply for travel documents.

iaink

If you or I did you might be right. On the other hand if I was reenter with my Canadian passport carrying canadian spouse by my side and carrying an expired PR card or CIC documention it might be different.

If I lived in London and didnt mind a trip to get the travel document I would agree, its not that hard. If I lived in Inverness and it was going to be a royal PITA to go to the consulate to get a travel document then I might think differently. Im just presenting the options thats all.

There is nothing in the law that says canadian PRs need to keep a valid PR card. There are provisions for PRs on Visa Waiver passports to get back into the country without a card, albeit with the potential for some questioning, but even without a PR card you are a legal PR and they CANNOT refuse you entry. The PR card exists for the benefit of the airlines.

xxdb

Here is an answer from experience instead of speculation:

I'm a Canadian citizen. My wife was outside the country for more than five years. Her PR card expired. We went back in 2008 with the expired PR card on British passports. My Canadian passport and that of the boys had also expired.
The immigration officer grumbled saying my wife didn't have status. I pointed out that since she had spent the entire time with me (her Canadian Citizen legal spouse) that she did in fact have status. The grumbling agent got the supervisor who confirmed that I was right. The supervisor let us in and advised us that we should apply for a new PR card as soon as possible if we intended to travel outside of Canada again.

They *cannot* refuse to let you in if you claim to be a PR without correct paperwork as long as you appear to still be in status. You might be made to sit on a stool in the middle of a room for a couple of hours if you are too cheeky though, I suspect.

bewillow

xxdb,

Note also that Canadian immigration can not refuse you entry as a Canadian citizen.

britsnake

I think that this established that we are all right. It is a requirement to have a valid PR card if we are flying in to Canada, but as long as we can prove that we have status we will get in albeit a bit delayed.

I also take your point that it is probably easier to go through the hard questions in Canada rather than the cost and delay involved in posting the application for travel documents to London.