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Time outside of Canada with a Canadian

Time outside of Canada with a Canadian

Old Oct 25th 2013, 8:41 am
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Default Time outside of Canada with a Canadian

Hi All,

It's been a while since i've been on here, largely because the big move got postponed quite considerably!
However, it's now back on the table.

My situation: I am a permanent resident via common law sponsorship. However, since initial landing, i have not been in Canada. I have been in the UK long enough that i dont fulfill the 2years out of every 5 rule to maintain PR status. I do however live (and have done for a considerable amount of time) with my Canadian common law partner.

My question: has anyone else re-entered under these circumstances. What, if any, evidence was required to show the time outside of Canada, was legitimately with a Canadian as required by CIC? Any forms that needed to be sent away before hand?

Thanks for any help!

Pip
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Old Oct 25th 2013, 8:57 am
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Default Re: Time outside of Canada with a Canadian

Originally Posted by pip_is_fab
Hi All,

It's been a while since i've been on here, largely because the big move got postponed quite considerably!
However, it's now back on the table.

My situation: I am a permanent resident via common law sponsorship. However, since initial landing, i have not been in Canada. I have been in the UK long enough that i dont fulfill the 2years out of every 5 rule to maintain PR status. I do however live (and have done for a considerable amount of time) with my Canadian common law partner.

My question: has anyone else re-entered under these circumstances. What, if any, evidence was required to show the time outside of Canada, was legitimately with a Canadian as required by CIC? Any forms that needed to be sent away before hand?

Thanks for any help!

Pip
Here you go - they have a list of acceptable evidence on the CIC website - it's for PR cards but the information is the same (scan down towards the bottom of the page to Appendix A):

http://www.cic.gc.ca/english/informa....asp#appendixA

You would only qualify though if your common-law partner is a Canadian Citizen or is a PR who was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied them.


Last edited by Siouxie; Oct 25th 2013 at 9:00 am.
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Old Oct 25th 2013, 9:01 am
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Default Re: Time outside of Canada with a Canadian

Great, to me this looks like it would be ideal for him to travel with me, some copy of original application showing he was the sponsor (though i assume this would actually be on my record somewhere) and something like our mortgage deed or similar.
Thanks for your help!
Looking forward to getting the ball rolling again, then maybe i can become helpful to others going through the process down the line!
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Old Oct 25th 2013, 9:14 am
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Default Re: Time outside of Canada with a Canadian

Originally Posted by pip_is_fab
Great, to me this looks like it would be ideal for him to travel with me, some copy of original application showing he was the sponsor (though i assume this would actually be on my record somewhere) and something like our mortgage deed or similar.
Thanks for your help!
Looking forward to getting the ball rolling again, then maybe i can become helpful to others going through the process down the line!
I think you may need a little more than that.
Evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
All passports or other travel documents of the person you are accompanying used in the five (5) years before the application (mandatory)
Documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen (mandatory)
Evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory) (** I would suggest utility bills in both names, bank statements or similar showing same address for both of you **)
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Old Oct 25th 2013, 9:28 am
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Default Re: Time outside of Canada with a Canadian

Perhaps it's wishful thinking on my part that the computer has full details of applications and supporting evidence!
Mind you better safe than sorry, so had better take every form of evidence in this case, even if we luck out and sail right through! (I can hope right!)
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Old Oct 25th 2013, 11:43 am
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Default Re: Time outside of Canada with a Canadian

Originally Posted by pip_is_fab
Perhaps it's wishful thinking on my part that the computer has full details of applications and supporting evidence!
Mind you better safe than sorry, so had better take every form of evidence in this case, even if we luck out and sail right through! (I can hope right!)
Pip
But you need to have supporting evidence with you at the time that you enter Canada, to show the time period that you have been outside of Canada with your Canadian Citizen spouse.

It's pointless 'hoping' that evidence you submitted in support of your application for PR years ago will somehow miraculously show up on a computer at the airport - it won't. What will show is that you became a landed PR on xyz date - and that you can't meet the required 2 years out of 5 - so it will be up to you to prove that you do meet the requirements and that you have been residing with your Canadian spouse all the time you have not been in Canada.

If you follow the directions for proof on the website (note that all of the items I listed are mandatory, not discretionary) you should be ok.

If you fail to supply enough evidence to convince a BSO that you meet the requirements then you risk your PR status.

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Old Oct 25th 2013, 6:41 pm
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Default Re: Time outside of Canada with a Canadian

Oh no, i meant to have it with me! Just hope that it is smooth sailing getting through! Yea, i wouldn't want to take that risk! It takes such a lot of time an effort to get any visa initially, certainly wouldn't want to be complacent about it!
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Old Oct 26th 2013, 4:20 am
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Default Re: Time outside of Canada with a Canadian

Originally Posted by Siouxie
But you need to have supporting evidence with you at the time that you enter Canada, to show the time period that you have been outside of Canada with your Canadian Citizen spouse.

It's pointless 'hoping' that evidence you submitted in support of your application for PR years ago will somehow miraculously show up on a computer at the airport - it won't. What will show is that you became a landed PR on xyz date - and that you can't meet the required 2 years out of 5 - so it will be up to you to prove that you do meet the requirements and that you have been residing with your Canadian spouse all the time you have not been in Canada.
And even if the evidence did show up, it wouldn't prove that the PR was in compliance with the residence requirement. So it's important to have the evidence.

The border officer may ask no questions, a few questions or a lot of questions. Normally, if he or she is satisfied of compliance and does not file a report of non-compliance, you're admitted as a PR. In the unlikely event that a report is filed, you still get admitted as a PR however then you must deal with the process required to avoid it being removed.

Assuming you're admitted without problems, the same evidence will be required to renew your PR Card.
Keep copies of everything in case the application gets lost, and where possible only send copies instead of originals.

There is always the option to apply for a Travel Document from CIC in London, however the problem with this that if it was refused for some reason, it's not clear that you'd have the right to argue your case in Canada.

Do you have a valid PR Card? If not, you may have issues with the airline if you do not have a return ticket. Should not be a problem with Air Canada, may be a problem with a charter airline, if flying with anyone else you should check.
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Old Oct 27th 2013, 7:43 am
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Default Re: Time outside of Canada with a Canadian

My PR card is still valid, so no issue there. I've got all the copies of evidenc from the initial application, so i'll start gathering evidence for the period of time since landing to now.
Thanks for the advice to you both!
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Old Oct 28th 2013, 11:57 am
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Default Re: Time outside of Canada with a Canadian

If you have a valid PR Card, the chances of being asked questions is less, but still a possibility. Even with a valid PR card they can ask questions to check compliance with the residence requirement, file a report etc - but the chances are less if the PR Card is valid. So have the evidence with you. It will still be needed when you apply to renew PR Card.
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