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CanadianOverseas! Posts: 1
Posted On: 6/15/2017
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I am a Canadian citizen living outside of Canada since August 2008. I have been working overseas since then (not for a Canadian business). I have recently (September 2016) gotten married to a non Canadian. I believe i am eligible to apply for sponsorship of my spouse. It states that once her sponsorship is approved (i.e she becomes a permanent resident), we have to show that we plan to move back to Canada.
Since i am employed overseas, once she receives her permanent residency, would her time spent with me overseas count as days spent "in Canada"?
If so, what would be the documents required to prove this and and which point should these documents be presented theoretically (i.e at the time of receiving her permanent residency or only when the appropriate authorities ask for it?)
Thank you!
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Moderator Moderator Posts: 4075
Posted On: 6/22/2017
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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
As you have already mentioned, in the type of sponsorship that you are doing, it is necessary to prove that you plan to move back to Canada.
Therefore, unfortunately, It is not possible for us to tell you at what point you should present this type of information.
You may want to speak to a lawyer or a reputable immigration consultant for some information.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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