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PR living abroad with Canadian citizen for 9 years 

haroonalpl
haroonalpl
Posts: 6


Posted On: 5/14/2016
haroonalpl
haroonalpl
Posts: 6
Hello,

I got PR on 17th Jan 2008 and after spending 1 month i left canada with my wife who is a Canaidan citizen working abroad.

Since then we have been living togather outside Canada.

My PR card expired on 17th Jan 2013.

Now we are planning to visit Canada in vacations.

As i understand from CIC website that I still have PR status since i am living with my Canadian husband.

But I am worried that my PR card has been expired more than 3 years ago and i may have lost the PR status already ?

Can you please tell me if CIC has any rule which restricts the stay of PR outside canada accompnaying canadian citizen Or 5 or 6 years after the expiry of PR card (when PR is abroad) , PR status is lost automatically ?

In my situation will it be straight forward case if i apply for a travel document ?

Regards
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Moderator
Moderator
Moderator
Posts: 2546


Posted On: 5/18/2016
Moderator
Moderator
Moderator
Posts: 2546
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation.

As you may already know, the PR card's expiry date has no correlation between whether or not you have met the residency requirements.

Therefore, it is important to note that you do not lose your permanent resident status the instant your Permanent Resident Card expires.

Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), you may still have the opportunity to satisfy the two-year “in Canada” requirement.

It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


In terms of applying for a Permanent Resident Travel Document (PRTD) you can find some information and the requirements on the Immigration, Refugees and Citizenship Canada website.

You have to be outside Canada in order to apply for a Permanent Resident Travel Document (PRTD), in order to return to Canada.

It is important to note that the processing time for a Permanent Resident Travel Document (PRTD) can be at least 7 to 10 working days. This is only an average processing time. There are no guarantees and may not include the time needed for the passport and visa to be returned to you.

It is important to contact the nearest Visa Office directly for some information specific to your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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haroonalpl
haroonalpl
Posts: 6


Posted On: 5/21/2016
haroonalpl
haroonalpl
Posts: 6
Hi Anna,

Thanks for your reply. As i understand , PR status is not lost until a final determiniation is not made. So if i am continuously living abroad with my husband (a Canadian citizen) for last 5 years (since only last 5 years will be assessed) , i still meet residency requirments and eligibile to get PRTD ?

Moreover do i need to send visa office any extra documents with my application on top of what is required in application package ? Is there any need to tell Visa office about Humanitarion/compassionate grounds or it will be straight forward case of meeting PR residency obligations ?

Thanks
link
Moderator
Moderator
Moderator
Posts: 2546


Posted On: 5/26/2016
Moderator
Moderator
Moderator
Posts: 2546
Hello,

Thank you for sharing your situation and question with us.

According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,


7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


So from the situation you have described, each day of your husband accompanying you, a Canadian citizen, outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


Regarding your question about submitting supporting documents, you can find a list of what can be submitted in the Applying for a travel document (permanent resident abroad) (IMM 5529) instruction guide.

Here is an excerpt,

OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada

You may count each day that you accompanied a Canadian citizen or permanent resident 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);
  • if you are accompanying a permanent resident, they were 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.

Evidence required
You must provide supporting documents to prove that:
  • The person you are accompanying is a Canadian citizen or permanent resident (and that the permanent resident you are accompanying meets his or her own residency obligation); and
  • You are the spouse, common-law partner or child of that person.
Supporting documents may include:
  • marriage licence or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
  • child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
  • all passports or other travel documents of the person you are accompanying used in the five years before the application (mandatory)
  • school or employment records
  • association or club memberships
  • documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen, or documents showing that the permanent resident you are accompanying meets their residency obligation (mandatory)
  • evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
  • any other documents that you want to have considered

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====

Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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junesburke@gmail.com
junesburke@gmail.com
Posts: 1


Posted On: 6/17/2016
What about if the Canadian spouse is NOT working for a Canadian Company or Public Service in Canada? Do the days still count for the person for the person with Permanent Residence requirements?? The wording is rather confusing.

Thank you for your reply.
link
Moderator
Moderator
Moderator
Posts: 2546


Posted On: 6/20/2016
Moderator
Moderator
Moderator
Posts: 2546
Hello,


Thank you for sharing your question with us.

You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status.

According to the
Operational Manual ENF 23 - Loss of Permanent Resident Status,


7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.

In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.
(Italics and Bold ours)

You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,
Residency Requirement

To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

An officer can confirm if your time in Canada counts when you:
  • re-enter Canada, or
  • apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

  • travelling with your spouse or partner who is a Canadian citizen,
  • a child travelling with his or her father or mother who is a Canadian citizen,
  • an employee of (or under contract to) a Canadian business.

It may also count if you are:

travelling with your spouse or partner who is a permanent resident and works full-time for:

  • a Canadian business, or
  • the public service of Canada or a province,
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====

Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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aganatra
aganatra
Posts: 2


Posted On: 8/12/2016
aganatra
aganatra
Posts: 2
Dear All

What Documents Required to Submit for below as here in UAE there is No any Proof of Address Available

  • evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
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Moderator
Moderator
Moderator
Posts: 2546


Posted On: 8/18/2016
Moderator
Moderator
Moderator
Posts: 2546
Hello,

Thank you for sharing your additional question with us.

Unfortunately, we cannot provide any definitive information regarding this section. However, from the information we have previously received from the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre, you may want to try and include documents such as leases in your (applicant) name with proof of payment of rent, e.g., cancelled cheques, receipts for cash payments etc.

They have previously stated that you should try to include as much as you can.

It may be best for you to have someone to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre from Canada for some clarification regarding this section.

If you would like to contact Immigration, Refugees and Citizenship Canada, we have had some of our users previously state that they have been able to contact IRCC from abroad by dialing 1 613 944 4000 . Listen to the options to get to IRCC.


Some have reported that it is no longer working.

You may want to give it a try. If you do decide to call, let us know the outcome.

Long distance charges will apply.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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haroonalpl
haroonalpl
Posts: 6


Posted On: 8/23/2016
haroonalpl
haroonalpl
Posts: 6
Hi,

I finally got the PRTD from Canadian embassy in UAE. We were quite uncertain about the putcome as it took embassy about two months to decide. Probably due to my long absence from Canada (around 9 years) they scrutinized each and every document (and historicla records etc).

we provided three different type of proves of residensial address like internet bill, electrcity bill, and lease agreement of apartment. In addition you can also provide credit card bills, bank account statement, photocopy of driving licence etc.

Hope it helps.


aganatra wrote:
Dear All

What Documents Required to Submit for below as here in UAE there is No any Proof of Address Available

  • evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
link
Moderator
Moderator
Moderator
Posts: 2546


Posted On: 9/6/2016
Moderator
Moderator
Moderator
Posts: 2546
Hello,

Thank you for sharing your experience and suggestions with us.

This is very helpful to us and to other users.


=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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sankyboy
sankyboy
Posts: 1


Posted On: 10/10/2016
sankyboy
sankyboy
Posts: 1
Hello Anna,

This thread is very useful. Thanks for the great work you doing.

I have quick question, my son was born in Canada in 2015 and is a Canadian Citizen. Me and my wife had applied for PR and it is expected to come soon. My employer will likely send me to work outside Canada in near future. My question is will our (me and my wife) days spend outside canada be considered as days spent inside canada as we will have our son accompanying us and he is a Canadian citizen ??

I did not see this situation described above. Kindly advise.

Thanks a lot!
link
Moderator
Moderator
Moderator
Posts: 2546


Posted On: 10/18/2016
Moderator
Moderator
Moderator
Posts: 2546
Hello,

Thank you for your kind words and feedback.

Regarding your question, you can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,


"Residency Requirement

To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

An officer can confirm if your time in Canada counts when you:
  • re-enter Canada, or
  • apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

  • travelling with your spouse or partner who is a Canadian citizen,
  • a child travelling with his or her father or mother who is a Canadian citizen,
  • an employee of (or under contract to) a Canadian business.

It may also count if you are:

travelling with your spouse or partner who is a permanent resident and works full-time for:

  • a Canadian business, or
  • the public service of Canada or a province,"

Unfortunately, it does not state a situation where a parent accompanies a Canadian citizen child.


You may want to get someone in Canada to contact the IRCC Call Centre directly for some clarification and additional information regarding maintaining residency requirements.


I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====

Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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rey0409
rey0409
Posts: 1


Posted On: 2/1/2017
rey0409
rey0409
Posts: 1
Hi I am Canadian Citizen and my wife is permanent residence, her PR is about to Expire next June, We are concern because we want to get back to Canada but we do not when this will be.

I was working in Latin America for a Canadian Company for 5 years, and she was accompanying me, I basically quit my Job 2 years ago to pursue my own business, but now we want to get back to Canada.

So my question is, have those year where I worked for this Canadian company been able to help my wife to renew her permanent residence?

Also do they count to her application for citizenship?

if we get back to Canada in 2 months before June, can she still enter in Canada although she has not lived there for more than 2 years?
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PMM
PMM
Posts: 473


Posted On: 2/2/2017
PMM
PMM
Posts: 473
Hi


rey0409 wrote:
Hi I am Canadian Citizen and my wife is permanent residence, her PR is about to Expire next June, We are concern because we want to get back to Canada but we do not when this will be.

I was working in Latin America for a Canadian Company for 5 years, and she was accompanying me, I basically quit my Job 2 years ago to pursue my own business, but now we want to get back to Canada.

So my question is, have those year where I worked for this Canadian company been able to help my wife to renew her permanent residence?

Also do they count to her application for citizenship?

if we get back to Canada in 2 months before June, can she still enter in Canada although she has not lived there for more than 2 years?


1. Your working for a Canadian company abroad doesn't effect her PR status. As she is accompanying a Canadian citizen abroad, she has maintained her PR status.
2. If she wishes to return to Canada, and her PR card has expired, she would have to apply for a PR Travel Document. It can be multiple entry, but you have to ask for that. If you return before June, just ensure that you have proof that she is accompanying you abroad.
3. No, only physical resident time in Canada counts for the present 4/6 years for a citizenship application.
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Aysh
Aysh
Posts: 1


Posted On: 1/25/2018
Aysh
Aysh
Posts: 1
haroonalpl wrote:
Hi,

I finally got the PRTD from Canadian embassy in UAE. We were quite uncertain about the putcome as it took embassy about two months to decide. Probably due to my long absence from Canada (around 9 years) they scrutinized each and every document (and historicla records etc).

we provided three different type of proves of residensial address like internet bill, electrcity bill, and lease agreement of apartment. In addition you can also provide credit card bills, bank account statement, photocopy of driving licence etc.

Hope it helps.



Hello Haroonalpl,

Your post was very helpful. As my situation is pretty much same like you as i am planning to go back to Canada.

Would you suggest any additional list of the documents (other then proves of residence which you already mentioned) they asked. So i will have it well head of time.

I appreciate for your reply and any suggestions.

Thanks again
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