RebornTraon

Hi All,

I am already a PR in Canada, however my PR card has expired (I live in the UK).

I currently live with my Canadian fiance and we are planning on moving to Canada once she graduates university, at present we've been living together over two years.

According to the CIC definition of common-law partner, you are a common law partner after you have lived together for 1 year without any long-term absences. In order to be automatically eligible to apply for a travel document without listing humanitarian reasons I have to of spent 730 days in the last 5 in Canada or:
"OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age)."

On the form it asks the date of common-law union or marriage then goes on to ask for:
"List the periods when you were outside of Canada and accompanying the person above during the past (5) years."

This seems to imply that any time spent accompanying a Canadian Citizen (i.e. living together in the past 5 years) counts towards my total days and not since the since we officially became common-law partners in the eyes of CIC (i.e. one year after we started living together).

Does anyone know if this is correct, or am I reading this wrong?

Thanks in advance for the help.

Pizzawheel

Is there a gap between your PR expiring and the start of your common law relationship? I suspect the intent of this is for a PR to move abroad with a Canadian partner and not lose the PR due to being abroad (there are a couple of allowances to being out of the country, the common one being sent abroad by a Canadian employer).

Technically you should have applied to renew your PR when abroad with your Canadian partner quoting that clause. As it is you might have an uphill battle, but good luck!

Former Lancastrian

What date did you land in Canada and what was your status i.e. single married?
When did you return to the UK and what was your status then?
Am I right in thinking that you met your fiance while in the UK and now you both want to move back to Canada?

If you were single when you moved back to the UK then met this girl only the days you became common law will count towards your residency obligation.
You have to read the wording carefully
A28(2)(a)(ii) and A28(2)(a)(iv) provides that each day a permanent resident is outside of Canada, accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, parent with whom he or she ordinarily resides, is deemed a day of physical presence in Canada.

This clause is for people who are married or common law already in Canada or outside Canada with their partner and THEN move to another country.

More info needed or read this link
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

RebornTraon

Thanks for your responses, I've added answers in line to your questions - and some additional questions of my own.

What date did you land in Canada and what was your status i.e. single married?
- 2010, my father emigrated - single. At the time I was still in university and wanted to finish my degree in the UK then would move over myself.
When did you return to the UK and what was your status then?
- 2010 (back to university) and single (Met the fiance in 2011).
Am I right in thinking that you met your fiance while in the UK and now you both want to move back to Canada?
- Correct, we while I was at university - while she was in the UK.

If you were single when you moved back to the UK then met this girl only the days you became common law will count towards your residency obligation.
You have to read the wording carefully
A28(2)(a)(ii) and A28(2)(a)(iv) provides that each day a permanent resident is outside of Canada, accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, parent with whom he or she ordinarily resides, is deemed a day of physical presence in Canada.

- So essentially I can only count time I've spent physically in Canada + anytime spent living with my fiance after 1 year? Therefore we would need to spend another 10 months before I could apply and meet my obligation?

My fiance graduates in October next year (and her visa runs out), our plan is to spend a couple of months travelling then we would emigrate to Canada Jan-Feb 2018. Essentially I would have two options to meet that timeline (please correct me if I'm wrong here or know of anymore):

1. Wait until I have the necessary physical days as common law - June 2017 and then re-apply
2. Apply now and list humanitarian reasons

Option 1 is not very appealing as I have to wait until June 2017 to apply then several weeks/months to know if I am successful - this would push our date to leave the UK.

Option 2 does anyone have any advice on if the circumstances I have listed above would count under humanitarian reasons? Or would they simply say we had to wait for Option 1 a that option was available.

Shirtback

How many days have you spent in Canada in the last 5 years? How many days have you spent *accompanying* your CDN common-law partner overseas?

From what I see from the information posted so far, you don't have a hope in hell of qualifying for H & C.