Retaining Canadian PR

Old Jul 13th 2005, 12:47 am
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Default Retaining Canadian PR

We are Canadian PR's who currently live in Australia where we are also PR's.

We have family in the US and sometimes entertain the thought of returning to Canada. I called the Canadian embassy in Sydney last week and got a very muddled response which I hope someone can clarify:

My husband landed in November 2001 and lived in Canada until July 2003 (except for one month when he was with me in Australia) so he has completed 18 months residency there.

I landed in January 2002 and lived there until October 2002. I have completed 9 months residency.

The rules say that you have to complete 24 months residency in every 5 year period so technically speaking he would have to return 6 months before November 2006 ie. May 2006 to qualify.

However the rules also say that every day that you spend outside of Canada with your spouse who is also a Canadian PR (which I am) and who is in compliance with their residency requirements (which I am) is also counted.

The official at the embassy seemed to think that my husband would get the extra time he needed by being with me and that as long as we were back in Canada by January 2007 (5 years after I landed) we would be OK. Is this correct ?

It seems wrong to me. I would have thought that at best he would have to be back by November 2006 ?

How strict are Canada about enforcing the residency requirement if you indicate that you want to return but have been away too long ?

Thanks
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Old Jul 13th 2005, 1:47 am
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Default Re: Retaining Canadian PR

Originally Posted by Sunlover
However the rules also say that every day that you spend outside of Canada with your spouse who is also a Canadian PR (which I am) and who is in compliance with their residency requirements (which I am) is also counted.

Thanks

I am not an expert but to the best of my knowledge. It is only applicable if you are oversea staying with your spouse who is Canadian Citizen, you are not a citizen but a residence so you could not take advantage of this.

Anyway there are better and more learned peoples here could give you more authentic answer.
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Old Jul 13th 2005, 3:17 am
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Default Re: Retaining Canadian PR

Hi

Originally Posted by Sunlover
We are Canadian PR's who currently live in Australia where we are also PR's.

We have family in the US and sometimes entertain the thought of returning to Canada. I called the Canadian embassy in Sydney last week and got a very muddled response which I hope someone can clarify:

My husband landed in November 2001 and lived in Canada until July 2003 (except for one month when he was with me in Australia) so he has completed 18 months residency there.

I landed in January 2002 and lived there until October 2002. I have completed 9 months residency.

The rules say that you have to complete 24 months residency in every 5 year period so technically speaking he would have to return 6 months before November 2006 ie. May 2006 to qualify.

However the rules also say that every day that you spend outside of Canada with your spouse who is also a Canadian PR (which I am) and who is in compliance with their residency requirements (which I am) is also counted.

The official at the embassy seemed to think that my husband would get the extra time he needed by being with me and that as long as we were back in Canada by January 2007 (5 years after I landed) we would be OK. Is this correct ?

It seems wrong to me. I would have thought that at best he would have to be back by November 2006 ?

How strict are Canada about enforcing the residency requirement if you indicate that you want to return but have been away too long ?

Thanks
Unless you are employed by a Canadian company, only then would your spouse get the extra time. Here is a quote from the Enforcement manual

"The Act also prescribes circumstances wherein permanent resident spouses, common-law
partners and children can maintain their status while accompanying abroad a Canadian citizen; or
another permanent resident who complies with their own residency obligation and who is
employed, on a full-time basis, with a prescribed Canadian institution

So for your spouse to maintain his PR he does have to return by May/06 and he would be unable to leave Canada for 1 day until Nov/08

PMM
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Old Jul 13th 2005, 11:55 am
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Default Re: Retaining Canadian PR

Originally Posted by PMM
So for your spouse to maintain his PR he does have to return by May/06 and he would be unable to leave Canada for 1 day until Nov/08

PMM
Also be aware that Australia has residence obligations (different details to Canada) and if you leave Australia then you'll risk losing that too. Read form 968i:
http://www.immi.gov.au/allforms/pdf/968i.pdf

Trying to hold down PR in two countries is hard - much simpler to become a citizen in one country and then worry about PR in the other. Bear in mind that (in Australia at least) citizenship applicants are expected to plan to remain resident, although many change their minds after becoming citizens.


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Old Jul 13th 2005, 10:39 pm
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Default Re: Retaining Canadian PR

Originally Posted by PMM
Hi

Unless you are employed by a Canadian company, only then would your spouse get the extra time. Here is a quote from the Enforcement manual

"The Act also prescribes circumstances wherein permanent resident spouses, common-law
partners and children can maintain their status while accompanying abroad a Canadian citizen; or
another permanent resident who complies with their own residency obligation and who is
employed, on a full-time basis, with a prescribed Canadian institution

So for your spouse to maintain his PR he does have to return by May/06 and he would be unable to leave Canada for 1 day until Nov/08

PMM

I found the following on the CIC Australia website:

"Accompanying a Permanent Resident

Each day that you are accompanying a permanent resident outside Canada is considered a day for which you satisfy the residency obligations provided that

the person you are accompanying is your spouse, common-law partner or parent with whom you ordinarily reside; and

the person you are accompanying is in compliance with their own residency obligation.

The total number of days that you spend in this fashion may be added to the total number of days for which you otherwise satisfy the residency obligations. "


What does it mean ?

If my spouse DID return by May 2006 and I went with him then, by the time my 5 year period was up in January 2007 I would have been in Canada for only 17 months. So my spouse would be compliant with the 24 month rule but I would not. The official at the Embassy in Sydney said that only one of us has to comply which seems to be supported by the above statement - is this correct ?

Thanks
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Old Jul 14th 2005, 3:52 am
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Default Re: Retaining Canadian PR

Read the law, not what is on local website. Only full text of law and it's Regulations count, not what limited or sometimes even misrepresented info on AU website states.

PMM gave you correct answer. You may read the law here:

http://www.canlii.org/ca/sta/i-2.5/sec28.html

and it clearly says in section 28(2)(a)(iv) what PMM just told you.

If your spouse is not abroad as "employed on a full-time basis by a Canadian business or in the public service of Canada or of a province" then just by accompanying your spouse you will not meet residency obligations, period. "Official" in CHC Sydney was wrong, misunderstood your question or you misinterpeted the answer.

Originally Posted by Sunlover
I found the following on the CIC Australia website:

"Accompanying a Permanent Resident

Each day that you are accompanying a permanent resident outside Canada is considered a day for which you satisfy the residency obligations provided that

the person you are accompanying is your spouse, common-law partner or parent with whom you ordinarily reside; and

the person you are accompanying is in compliance with their own residency obligation.

The total number of days that you spend in this fashion may be added to the total number of days for which you otherwise satisfy the residency obligations. "


What does it mean ?

If my spouse DID return by May 2006 and I went with him then, by the time my 5 year period was up in January 2007 I would have been in Canada for only 17 months. So my spouse would be compliant with the 24 month rule but I would not. The official at the Embassy in Sydney said that only one of us has to comply which seems to be supported by the above statement - is this correct ?

Thanks
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