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Moderator Moderator Posts: 4142
Posted On: 11/14/2016
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Hello,
Thank you for sharing your question with us.
You can find some additional detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of 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 described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner 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.(Italics and Bold ours)
You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,
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.
Now, in terms of counting it as physical presence for Canadian Citizenship, you can find a detailed response on the Immigration, Refugees and Canadian Citizenship website in the Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship? section.
Here is an excerpt,
Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.
You can count time spent outside Canada toward the physical presence requirement for citizenship if you:
- Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or
- Resided outside Canada with your:
- Canadian spouse or common-law partner, or
- permanent resident spouse, common-law partner, or parent
who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.
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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