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Proving time spent outside Canada with sponsor?

Proving time spent outside Canada with sponsor?

Old Jan 8th 2020, 10:04 pm
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Default Proving time spent outside Canada with sponsor?

I sponsored my common law partner and he got PR status in early 2017. We visited Canada to officially start the status within the window available and squeezed in a visit to my family at the same time. We thought we'd have the move sorted within about a year-ish, knowing that as long as he was in Canada 2 out of every 5 years it was ok so weren't rushed as we had a lot to sort out. However various circumstances have meant we didn't move as soon as we had planned (for example, his father got ill and was given a month or so to live but managed to survive, barely, for 18 months). It looks like we might not be able to move until we have gone over 3 years outside of Canada for him. However, he has lived with me, his sponsor, the entire time and we have spent very little time apart since (maybe a few weeks total where I travelled without him a few times). So my question is.. if we sell our house and send our possessions travelling to Canada, ready to finally start our life there, but we get to the border and he has been outside Canada so long, how do we prove to them that he has spent most of that time with me? I am worried about not convincing them enough and him losing his status just when we're finally able to fully settle.

Also, the last time he was in Canada, we arrived together but he had to leave earlier than I did, so he returned to the UK alone. However I rejoined him a week later. Is it an issue that he left Canada alone? Or is proof of living together abroad sufficient? Will we have to calculate how much time we have been apart so it can be included in his record of how long he has been officially "outside Canada"?
Any advice much appreciated as I have found very little info on how this actually works in practice!

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Old Jan 9th 2020, 3:18 am
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Default Re: Proving time spent outside Canada with sponsor?

If he doesn't have his PR card he will have to apply for a Permanent Resident Travel Document (in London) - at that time he will need to show documentary evidence that he meets 'residency' requirements - i.e. proof that you have been living together outide of Canada. He can't "lose" his status - it would need to go to a full hearing.. https://www.canada.ca/en/immigration...-document.html

The guide gives a list of documents you can present to prove that you have been living together https://www.canada.ca/en/immigration...-document.html

Supporting documents may include:
  • Mandatory:
    • all passports or other travel documents that the person you are accompanying used in the five (5) years before the application;
    • documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen;
    • proof of the residential addresses of the person you are accompanying for the five (5) years before the application;
    • marriage licence or proof of common-law partnership (if you are accompanying a spouse or common-law partner);

Last edited by Siouxie; Jan 9th 2020 at 3:21 am.
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Old Jan 9th 2020, 4:53 am
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Default Re: Proving time spent outside Canada with sponsor?

I am aware that he won't lose his PR status IMMEDIATELY however if we don't convince the border personnel that his time outside Canada doesn't count, they could start the process that could, eventually, take away his PR status. It's possible that during that process we could prove to their satisfaction he was with me, but I'd rather have that sorted on arrival. Also, when he needs to renew his PR card in a couple years, if there isn't anything in his record to state that his time outside Canada doesn't count, then there could be issues with his renewal as well.

He already has his PR card. I'm just wondering about how we calculate how many days count as "outside Canada" and how many don't, and how to prove it, and make sure it's on record so there are no issues when he renews it.

Thanks for the link, I hadn't seen that since he doesn't need a PRTD. I suppose as long as we can prove we've lived together the whole time and show through our passport stamps that we haven't been apart for most of that, then that should be enough? I was thinking I could make a document showing exactly the dates when we have been apart and they could compare that to our passport stamps for confirmation?
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Old Jan 9th 2020, 9:30 am
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Default Re: Proving time spent outside Canada with sponsor?

The onus is on the PR to satisfy an officer on return that they meet or can meet the residency obligation should they be questioned about it. It may or may not be a problem and you won't know until the PR is examined.All you can do is be prepared should this happen.
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Old Jan 9th 2020, 10:59 am
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Default Re: Proving time spent outside Canada with sponsor?

Originally Posted by RowanM
I am aware that he won't lose his PR status IMMEDIATELY however if we don't convince the border personnel that his time outside Canada doesn't count, they could start the process that could, eventually, take away his PR status. It's possible that during that process we could prove to their satisfaction he was with me, but I'd rather have that sorted on arrival. Also, when he needs to renew his PR card in a couple years, if there isn't anything in his record to state that his time outside Canada doesn't count, then there could be issues with his renewal as well.

He already has his PR card. I'm just wondering about how we calculate how many days count as "outside Canada" and how many don't, and how to prove it, and make sure it's on record so there are no issues when he renews it.

Thanks for the link, I hadn't seen that since he doesn't need a PRTD. I suppose as long as we can prove we've lived together the whole time and show through our passport stamps that we haven't been apart for most of that, then that should be enough? I was thinking I could make a document showing exactly the dates when we have been apart and they could compare that to our passport stamps for confirmation?
I would suggest ensuring you are able to provide the proof that they would have required of you had you had to apply for a PRTD, when you arrive in Canada. For any time that you are outside of Canada you will need to prove you were together and met the requirements for those days 'outside' of Canada to count towards the residency requirements. The onus is on you to prove that he can meet the requirements before the 5 year rolling date comes around. You could use a residency calculator for any days you were physically IN Canada as well.. one is available on cic.gc.ca govt website.

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Old Jan 19th 2020, 9:45 pm
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Default Re: Proving time spent outside Canada with sponsor?

Thanks, that makes sense. Will do.
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