Time spend outsite counts?

Old Apr 26th 2009, 2:48 pm
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Default Time spend outsite counts?

in Wiki section of Canada information section
it states that
http://britishexpats.com/wiki/Spousa...sorship-Canada
"Advantages of spousal sponsorship
Applying for permanent residence as a spouse or partner is much quicker than most other PR applications. It usually takes months rather than years.
A spouse who has attained PR status may live in another country with his/her Canadian citizen spouse. Any time he/she spends living with his/her Canadian spouse outside of Canada counts as if he/she was living in Canada for the purposes of meeting residency obligations. This applies both to sponsored spouses and to PRs who entered Canada by some other route but who are now married to a Canadian citizen.
Anyone can confirm the second part where it says that the time spend outside of Canada while living with Canadian spouse counts?
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Old Apr 26th 2009, 3:54 pm
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Default Re: Time spend outsite counts?

Hi

Originally Posted by astor
in Wiki section of Canada information section
it states that
http://britishexpats.com/wiki/Spousa...sorship-Canada

Anyone can confirm the second part where it says that the time spend outside of Canada while living with Canadian spouse counts?
http://www.cic.gc.ca/english/informa...des/5445EA.asp
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Old Apr 27th 2009, 8:34 am
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Default Re: Time spend outsite counts?

I believe if your spouse is working overseas as diplomat / Armed Forces etc then that is when the time can be taken into account. However, I'm sure someone will correct me if I am wrong.
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Old Apr 27th 2009, 8:40 am
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Default Re: Time spend outsite counts?

Originally Posted by astor
in Wiki section of Canada information section
it states that
http://britishexpats.com/wiki/Spousa...sorship-Canada

Anyone can confirm the second part where it says that the time spend outside of Canada while living with Canadian spouse counts?
If you read further down in your link you will find a link to Residency Obligations. http://britishexpats.com/wiki/Reside...gations-Canada

If you are a PR and work outside of Canada for a Canadian company or for the government of Canada or the government of a Canadian province, any time that you spend outside of Canada is counted as time spent inside Canada for the purposes of meeting your PR residency obligations. However, this concession does not include those who are hired outside Canada by a Canadian controlled company. It is intended to cover those hired in Canada and then seconded to another country.

Last edited by leecyndisanders; Apr 27th 2009 at 8:42 am.
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Old Apr 27th 2009, 9:28 am
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Default Re: Time spend outsite counts?

Originally Posted by leecyndisanders
If you read further down in your link you will find a link to Residency Obligations. http://britishexpats.com/wiki/Reside...gations-Canada

If you are a PR and work outside of Canada for a Canadian company or for the government of Canada or the government of a Canadian province, any time that you spend outside of Canada is counted as time spent inside Canada for the purposes of meeting your PR residency obligations. However, this concession does not include those who are hired outside Canada by a Canadian controlled company. It is intended to cover those hired in Canada and then seconded to another country.
Yes, but all that part is irrelevant if they are a PR who is married to a Canadian citizen. If that's the case, they can live anywhere, doing any job, and it all still counts as residency for maintaining PR status providing they are residing with their Canadian spouse...
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Old Apr 27th 2009, 1:29 pm
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Default Re: Time spend outsite counts?

Maybe I should explain further,I am a Canadian citizen w/Mexican wife and 4 year old daughter living in US on L1A visa.
I have Canadian co.along US affiliate co.which I own.I have this visa since 2002.
We married in Canada 2004 and at that time did not sponsor her to Canada as we were not living there anyway.2005 my daughter born in Canada,I paid the doctors,hospitals as she was not PR.
We are planning to return to Canada,I like to sponsor her now,but we have about 2 more years to go in USA.We plan to go to Canada when she will get landing papers and valiate the PR and return to US.
Will this plan work?or she will loose PR and do it over again?
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Old Apr 28th 2009, 6:10 am
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Default Re: Time spend outsite counts?

Originally Posted by astor
Maybe I should explain further,I am a Canadian citizen w/Mexican wife and 4 year old daughter living in US on L1A visa.
I have Canadian co.along US affiliate co.which I own.I have this visa since 2002.
We married in Canada 2004 and at that time did not sponsor her to Canada as we were not living there anyway.2005 my daughter born in Canada,I paid the doctors,hospitals as she was not PR.
We are planning to return to Canada,I like to sponsor her now,but we have about 2 more years to go in USA.We plan to go to Canada when she will get landing papers and valiate the PR and return to US.
Will this plan work?or she will loose PR and do it over again?
There are two relevant issues here:

1) As you know a permanent Resident has a residency obligation to maintain their status (730 days in Canada in each 5 year period). Time spent outside Canada whilst living with a spouse/partner who is a Canadian CITIZEN counts as time spent inside Canada for the residency obligation. So while she is living with you outside Canada she will not lose her status.

2) A Canadian Citizen can sponsor their spouse whilst they are still outside Canada (a Permanent resident cannot) provided they have firm plans to return to Canada and live together once the sponsored spouse gains PR status. Usually some evidence of these plans is required such as a job offer, purchase of a house etc.
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Old Apr 28th 2009, 7:22 am
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Default Re: Time spend outsite counts?

Originally Posted by Paul Wildy
There are two relevant issues here:

1) As you know a permanent Resident has a residency obligation to maintain their status (730 days in Canada in each 5 year period). Time spent outside Canada whilst living with a spouse/partner who is a Canadian CITIZEN counts as time spent inside Canada for the residency obligation. So while she is living with you outside Canada she will not lose her status.

2) A Canadian Citizen can sponsor their spouse whilst they are still outside Canada (a Permanent resident cannot) provided they have firm plans to return to Canada and live together once the sponsored spouse gains PR status. Usually some evidence of these plans is required such as a job offer, purchase of a house etc.
Thanks for your reply.
1-if I sponsor her now indicating that we will return 2 years from now on, will they likely accept or not?Even it means a brief travel to there?Or they tell me to wait and apply next year?
2- As a self employed person-with an active Canadian corp-,I can only offer job to myself, is it good enough? I am not planning to lease/buy without looking around which neighbourhood we decide to live.That is out of question,what else can be acceptable of intention to move?
Thanks for sharing your knowledge.
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Old Apr 28th 2009, 2:12 pm
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Default Re: Time spend outsite counts?

Originally Posted by astor
Thanks for your reply.
1-if I sponsor her now indicating that we will return 2 years from now on, will they likely accept or not?Even it means a brief travel to there?Or they tell me to wait and apply next year?
2- As a self employed person-with an active Canadian corp-,I can only offer job to myself, is it good enough? I am not planning to lease/buy without looking around which neighbourhood we decide to live.That is out of question,what else can be acceptable of intention to move?
Thanks for sharing your knowledge.
1-Yes, they may well suggest you begin the sponsorship when you do have firm plans to move back to Canada once your spouse has gained PR status. It doesnt have to be immediate but you are supposed to have the intention to reside in Canada soon after (a few months perhaps) the PR visa is issued.

2-In the absense of a job offer from someone else they would probably be satisfied with something documenting a business proposal or project that requires you being in Canada to manage it. Any evidence of firm plans.
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Old Apr 29th 2009, 3:05 am
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Default Re: Time spend outsite counts?

thanks Mr.Wildy,appreciated.
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