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Residency requirements, Government in Canada, Bringing child born overseas...
Landing & Leaving Canada
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Iowilleric Posts: 1
Posted On: 8/8/2014
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I am a citizen of Canada and sponsored my husband to Canada. He got his PR in September 2013. He landed Canada in September 2013 and he stayed there for 2 months. We both are residing in another country and might not move back to Canada for next few years. So I would like to know "if my husband can maintain his Canadian PR "as per this cic law mentioned below which I found on their website.
Have to spend 730 days in last 5years...............
OPTION 1. Accompanying a Canadian citizen outside Canada
You may count each day that you accompanied a Canadian citizen 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).
Evidence required
You must provide supporting documents to prove that:
•The person you are accompanying is a Canadian citizen; and
•You are the spouse, common-law partner or child of that person.
Supporting documents may include:
•marriage license 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 (5) 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 (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
Or he still has to stay physically for 730 days in total of 5 years time in Canada?
Please advise!
Thank you
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Moderator Moderator Posts: 4142
Posted On: 8/11/2014
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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.
According to the Citizenship and Immigration Canada (CIC) Call Centre, you may want to have the type of documents you have stated, as well as items such as any receipts you may have from that time period, in the event they are requested when you do re-enter Canada.
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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