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Residents back in Canada 

Pinolizer
Pinolizer
Posts: 1


Posted On: 3/17/2018
Pinolizer
Pinolizer
Posts: 1
I was a resident of Canada and have my landed immigrant papers and moved back to Italy with my Canadian husband a number of years is there anyway to get my resident back in Canada
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Moderator
Moderator
Moderator
Posts: 2541


Posted On: 3/22/2018
Moderator
Moderator
Moderator
Posts: 2541
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

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.


In terms of re-entering Canada, if you do not have a valid PR card, it is likely you will have to apply for a Permanent Resident Travel Document. 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

In terms of entering Canada, you can also find some additional information in this Immigration, Refugees and Citizenship Canada (IRCC) I need to leave Canada and I do not have a permanent resident card. Can I later return to Canada without a PR card? FAQ.

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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