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Travelling With A Canadian Spouse - PR Question 

proudcanuck
proudcanuck
Posts: 7


Posted On: 13 days ago
proudcanuck
proudcanuck
Posts: 7
Hi Helpful People,

My PR (spouse) is accompanying me abroad for an unknown length of time:

1. As of now, do I need to let the Canadian Government know that we are abroad?

2. In the future, when we go to renew the PR, how will we be required to prove we are together (for example, our job contracts in the same city, bank statements, flight out together from Canada, etc.).

Thank for your help!

Proud Canuck
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Moderator
Moderator
Moderator
Posts: 2302


Posted On: 10 days ago
Moderator
Moderator
Moderator
Posts: 2302
Hello Proud Canuck,

Thank you for sharing your situation and question with us.

Regarding your first question, you do not necessarily have to inform the Canadian Government that you will be abroad. However, you may want to register at a Canadian government office abroad.

According to the Government of Canada website,

"Registration of Canadians Abroad is a free service that allows the Government of Canada to notify you in case of an emergency abroad or a personal emergency at home. The service also enables you to receive important information before or during a natural disaster or civil unrest."

Regarding your second question, when you refer to "renew the PR", if you are referring to the PR card and the expiry date, the PR card's expiry date has no correlation between whether or not someone has met the residency requirements.

As you already know, the fact that your spouse is accompanying you, a Canadian Citizen, means that they maintain their 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 you have described, each day of your spouse is 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 options and suggestions 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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proudcanuck
proudcanuck
Posts: 7


Posted On: 5 days ago
proudcanuck
proudcanuck
Posts: 7
Dear Anna,

Thank you! This is incredibly useful, helpful and really encouraging to know that this forum (and you!) exist.

Best wishes,
Proud Canuck
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Moderator
Moderator
Moderator
Posts: 2302


Posted On: 5 days ago
Moderator
Moderator
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Posts: 2302
Hello Proud Canuck,

You are very welcome.

Thank you very much for your kind words!

We really appreciate your feedback.

You made my day, month and year! :-)

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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canadianAbroad
canadianAbroad
Posts: 1


Posted On: 4 days ago
canadianAbroad
canadianAbroad
Posts: 1
Hi there, this was quite informative in my search, thank you for being so helpful.

I am in the similar but reverse situation. I am the PR of Canada (for 8 months)
I am common law married (5 years) to a Canadian citizen.

I don't work for a canadian business, and I was curious about an opportunity I was given in the UK.


My question is, the company is offering sponsorship of both of us, to get work permits to work in the UK.
Would I be at risk of losing my PR while we are abroad?


I am concerned as I (the PR holder) is traveling abroad for work and my common law partner will be going with me, does that work for accompanying a resident? It seems that way, but the wording in the document states the job needs to be a canadian business in the previous sections.

Any help would be greatly appreciated.

Thank you,
Scotty
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