PR living abroad with Canadian citizen for 9 years 

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It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

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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.

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.

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

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Posts: 4142

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.

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.

Residency Requirement

To maintain your 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,

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Posts: 4142

• re-enter Canada, or
• apply for a permanent resident card.

• 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.

• a Canadian business, or
• the public service of Canada or a province,"

PMM

Posts: 661

Hi I am Canadian Citizen and my wife is permanent residence, her PR is about to Expire next June, We are concern because we want to get back to Canada but we do not when this will be.

I was working in Latin America for a Canadian Company for 5 years, and she was accompanying me, I basically quit my Job 2 years ago to pursue my own business, but now we want to get back to Canada.

So my question is, have those year where I worked for this Canadian company been able to help my wife to renew her permanent residence?

Also do they count to her application for citizenship?

if we get back to Canada in 2 months before June, can she still enter in Canada although she has not lived there for more than 2 years?