Accompanying Cdn.Citizen Spouse-Permanent Resident 

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Onus rests with the permanent resident

As indicated throughout this manual chapter, the onus rests with the permanent resident to provide the necessary information and evidence to satisfy an officer that they are in compliance with the legislation. An officer, when deciding whether a permanent resident complies with A28(2)(a)(iv), may address, inter alia, the following factors:

• whether the permanent resident is a bona fide spouse or common-law partner or child of the person they are accompanying abroad;
• whether the permanent resident normally resides with the person they are accompanying abroad;
• whether the person the permanent resident is accompanying is a Canadian citizen or a permanent resident of Canada; and
• if the person concerned is accompanying a permanent resident, whether that permanent resident is in compliance with their own residency obligation.

Documentation and information presented by a permanent resident that may be considered by an officer may include, inter alia: a marriage license; a child’s birth certificate or baptismal document; adoption or guardianship documents; school and/or employment records; passport and/or other travel documents or documentation; employment letters; such other documentation from a permanent resident being accompanied – as considered necessary by an officer - to confirm that the permanent resident being accompanied is in compliance with their own residency obligation.

Note: The above list is not meant to be all encompassing nor exhaustive. Officers may ask permanent residents to provide such documentation, as an officer deems necessary in the circumstances, to allow for a determination to be made with respect to the residency obligation provision of the Immigration and Refugee Protection Act.