Settlement.org logo

Register
Lost password
 

HomeQuestions about Permanent Residency

Note that Settlement.Org is unable to answer questions about how to immigrate. Residency requirements, Government in Canada, Bringing child born overseas...

Accompanying a Canadian Citizen Spouse Overseas 

ForumUser
ForumUser
Posts: 442


Posted On: 11/22/2016
ForumUser
ForumUser
Posts: 442
I am Canadian and work with the UN overseas.

Does my spouse need to still be in Canada to maintain permanent residency or can he be outside living with me and count continues to keep the status and towards citizenship? (ie. is this only for those working for Canadian Government?)
link
Moderator
Moderator
Moderator
Posts: 2112


Posted On: 11/24/2016
Moderator
Moderator
Moderator
Posts: 2112
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 their 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 their 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,

In terms of counting the time outside to meet Canadian citizenship residency requirements, you can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship? section.

Here is an excerpt,



Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?



Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.

You can count time spent outside Canada toward the physical presence requirement for citizenship if you:

-Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or


-Resided outside Canada with your:

-Canadian spouse or common-law partner, or
-permanent resident spouse, common-law partner, or parent

who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.

Employment as a locally engaged person is not included.


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
link
hip2016
hip2016
Posts: 1


Posted On: 12 days ago
hip2016
hip2016
Posts: 1
Dear Anna

Thanks for your thorough response. According to your answer, under the following situation you mentioned:

"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."

this would mean that if the Canadian citizen (spouse) is working outside of Canada due to employment overseas with the UN (which is not a Canadian business nor the Public Service of Canada), so long as the permanent resident is accompanying this spouse working for the UN abroad, these days outside of Canada would still count towards the permanent residency requirement right? Thanks to confirm.

It is confusing because later on, you mention that Immigration Canada says:

"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"

This could also be interpreted as - accompanying a Canadian citizen spouse outside of Canada only counts towards your residency requirements IF that Canadian citizen spouse is only employed by either a Canadian business or public service of Canada. As working for the UN is neither of these, I was concerned 'accompanying a Canadian citizen spouse outside of Canada who works for the UN would not count towards the residency requirement'.

Thanks for any clarification you can provide!
link